HomeMy Public PortalAboutr 23-119Amwilan of tt 19axox O of Carteret, N. 31
No, #23-119
Date of
Rl' SOLUTION OF THE BOROUGH OF CARTERET
AUTHORIZING THE EXEUCTION AND DELIVERY OF AN
EASEMENT AGREEMENT WITH SAMPAUL PROFESSIONAL
LLC, FOR PURPOSES OF PROVIDING ADDITONAL
PARKING SPACES ON OCHARD STREET
WHEREAS, the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq.,
as amended and supplemented (the "Redevelopment Law"), provides a process for
municipalities to participate in the redevelopment and improvement of areas in need of
redevelopment; and
WHEREAS, in accordance with the Redevelopment Law, the Borough of Carteret (the
"Borough") declared that certain property in and around Roosevelt Avenue, including
without limitation, 1383 Roosevelt Avenue, also known as Block 2503, Lot 1 (the
"Property"), as an area in need of redevelopment ("Redevelopment Area"); and
WHEREAS, the Borough adopted a redevelopment plan for the Redevelopment Area
(the "Redevelopment Plan"), which shall control the redevelopment of the
Redevelopment Area; and
WHEREAS, on December 30, 2021 the Borough Council adopted Resolution No. 21-
161 designating SamPaul Professional, LLC (the "Redeveloper") as the redeveloper of
the Redevelopment Area; and
WHEREAS, on March 22, 2622, the Carteret Redevelopment Agency (the "Agency"),
as the fee title owner of the Property, entered into that certain Purchase and Sale
Agreement with the Redeveloper; and
WHEREAS, on January 25, 2023, the Carteret Planning Board (the `Board") adopting a
resolution approving the Redeveloper's site plan application; and
WHEREAS, as part of the Board's site plan approval, the Redeveloper is to provide
eight (8) parking spaces on Orchard Street; and
WHEREAS, in order to provide such parking spaces, the Redeveloper has requested an
easement from the Borough; and
WHEREAS, the Borough has negotiated an Easement Agreement with the Redeveloper
(the "Easement Agreement, attached hereto as Exhibit A in substantially filial form); and
NOW, THEREFORE, BE IT RESOLVED as follows
Section 1. The Easement Agreement is hereby authorized to be executed and
delivered on behalf of the Borough by either the Mayor, Chief Financial Officer
or Director of Law, each an "Authorized Officer", in substantially the form
attached hereto as Exhibit A,. with such changes as such Authorized Officer, after
consultation with such counsel and any advisors to the Borough (collectively, the
"Borough Consultants"), deems necessary, desirable or convenient in such
Authorized Officer's sole discretion. All actions of the Authorized Officers and
the Borough Consultants taken prior to the date of adoption hereof in connection
with the Easement Agreement are hereby ratified and approved.
No. #23-119
PAGE 2 of 2
Section 2. The Borough- Clerk, or the Deputy Borough Clerk, is hereby
authorized and directed, upon the execution of the Easement Agreement. in
accordance with the terms of Section 1 hereof, to attest to the Authorized
Officer's execution of the Easement Agreement and is hereby further authorized
and directed to thereupon affix the seal of the Borough to the Easement
Agreement.
Section 3. Upon the execution and attestation of and if required, the placing
of the seal of the Easement Agreement as contemplated by Sections 1 and 2
hereof, the Authorized Officer is hereby authorized and directed to (i) deliver
such fully executed, attested and seated Easement Agreement to the Redeveloper
and (ii) perform such other actions as dre Authorized Officer deems necessary,
desirable or convenient in relation to the execution and delivery thereof.
Section 4. The Authorized Officers are each hereby further authorized to
perform any act, execute or acknowledge and deliver any other document,
instrument or certificate, which the Authorized Officer, after consultation with the
Borough Consultants, deems necessary, desirable or convenient in connection
with the Easement Agreement, and the Borough Clerk, or Deputy Borough Clerk,
is hereby further authorized and directed to attest to such execution or
acknowledgement and to affix the seal of the Borough to any such document,
instrument or certificate.
Section 5. This resolution shall take effect at the time and in the manner
prescribed by law.
Section 6. Upon the adoption hereof, the Borough Clerk shall forward
certified copies of this resolution to Matthew C. Karrenberg, Esq., DeCotiis,
FitzPatrick, Cole & Giblin, LLP, Special Redevelopment Counsel to the Borough.
Adopted this 27d' day of April, 2023
and certified as a true copy of the
original on April 28, 2023.
CARMELA POGORZELSKI, RMC
Municipal Clerk
RECORD Or COUNCIL VOTE
COUNCILMAN
ITS
i NO
NV
I A.D.
COUNCILMAN
I YES
I NO
NV
A,➢.
BELLINO
X
JONAL
X
DIAZ
X
RRUM
X
DIMASCIO
X
NAPLES
X-. Indicate Vote AB - Absent NV - Not Voting XOR- Indicates Vote to Overrule Veto
Adopted at a meeting of the Municipal Council
A ri 7 27 20i