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Home My Public Portal AboutOrd. 23-21MrbtnanU No. #23-2.1 of L4Q lgoroug4 of Tartad, � J� Councilnan Presents the following Ordinance Seconded by Councilman AN ORDINANCE OF THE BOROUGH OF CARTE RE, AUTHORIZING THE ACQUISTION OF TWO (2) EASEMENTS WITHIN PROPERTY DESIGNATED ON THE OFFICIAL TAX MAP OF THE BOROUGH OF CARTERET AS BLOCK 102, LOT 5.01 AND ONE (1) EASEMENT WITHIN PROPERTY DESIGNATED ON THE OFFICIAL TAX MAP OF THE BOROUGH OF CARTE RET AS BLOCK 102, LOT 5.02, WITH ALL THREE (3) EASEMENT'S BEING ACQUIRED TO PROVIDE FOR PERMANENT PUBLIC ACCESS WHEREAS, pursuant to N.J.S.A. 40:48-2, the Borough of Carteret is authorized to adopt an Ordinance for the preservation of public health, safety and welfare; and WHEREAS, the Governing Body of the Borough of Carteret desires to acquire, create and maintain two (2) identified areas in property designated on the official tax map of the Borough of Carteret as Block 102, Lot 5.01 and one (1) identified area in property designated on the official tax map of the Borough of Carteret as Block 102, Lot 5.02 for easement purposes to grant pernratrent unrestricted right-of-way access for the general public, Borough of Carteret employees and all vehicles and pedestrians; and WHEREAS, the Governing Body further finds that public use and purpose would be served for the benefit of the Borough of Carteret and the public at large by acquiring the identified easements in order to best promote, protect and preserve the public health, safety and welfare of the Borough of Carteret and its inhabitants; and pursuant to N.J.S.A. 40A:12-1 et sM., the Borough of Carteret has the power to acquire any real property for a public purpose; and WHEREAS, any and all purchases of interests in real property are subject to the Local Lands and Buildings Law, N.J.S.A. 40A:12-1 et seq. which limit the purchase price of the proposed property interest to be no higher than the property's fair market value pursuant to a valid appraisal; and WHEREAS, the Borough of Carteret is authorized by the New Jersey State Constitution, N.J.S.A. 40A:12-5(a), N.J.S.A, 20:3-1 et semc . and/or by any other provision of applicable law to proceed with acquiring these 'identified easement interests by acquisition or condemnation as long as just compensation is paid for the same; and WHEREAS, the Borough of Carteret is now required to authorize its professionals to commence the process to acquire these three (3) permanent access easements identified in properties designated on the official tax map of the Borough of Carteret as Block 102, Lots 5.01 and 5.02, which process includes, if necessary, the Borough of Carteret exercising its power to condemn property; and WHEREAS, the Borough authorizes DeCotiis, Fitzpatrick, Cole & Giblin, LLP, Special Redevelopment Counsel to the Borough of Carteret, and other professionals as may be designated by the Borough of Carteret, on behalf of the Borough of Carteret, to pursue and engage in good faith negotiations with the owner of the subject properties in order to acquire the identified three (3) permanent easement interests in the subject properties; and WHEREAS, the Governing Body of the Borough of Carteret has determined that it is in the best interests of the Borough of Carteret and its inhabitants that the Borough of Carteret authorize Special Redevelopment Counsel and other professionals as may be designated by the Borough of Carteret to pursue and engage in good faith negotiations NO. #23-21 PAGE 2 of 3 with the owner of the identified properties for the acquisition by the Borough of Carteret of each of the identified three (3) permanent easement interests necessary to be acquired by the Borough of Carteret in the subject properties based upon the fair market value of each permanent easement interest as set by the appraisal obtained by the Borough of Carteret and, in the event the negotiations with the owner of the subject properties are unsuccessful, to initiate condemnation proceedings to establish those necessary permanent easement interests in the subject properties required by the Borough of Carteret without further action by the Governing Body of the Borough of Carteret. NOW THEREFORE, BE IT. ORDAINED AND ENACTED, by the Borough Council of the Borough of Carteret, Middlesex County, New Jersey, as follows: Section 1. The above recitals are incorporated into this section of the Ordinance as if specifically set forth at length herein. Section 2. DeCotiis, Fitzpatrick, Cole & Giblin, LLP, serving as Special Redevelopment Counsel to the Borough of Carteret, and other professionals as may be identified by the Borough of Carteret shall be and are hereby authorized to pursue and engage in good faith negotiations with the owner of property designated on the official tax map of the Borough of Carteret as Block 102, Lot 5.01 for the acquisition of two (2) permanent access easements or other similar interests in this property necessary to allow and provide for permanent unrestricted right-of-way access for the general public, Borough of Carteret employees and all vehicles and pedestrians within the areas of the two (2) permanent access easements to be acquired on this property. Section 3. In the event the owner of the property designated on the official tax map of the Borough of Carteret as Block 102, Lot 5.01 does not accept the offer presented and the two (2) permanent access easement, or other similar property interests, required to be acquired by the Borough of Carteret in this property cannot otherwise be acquired through negotiations authorized by this Ordinance, then the Borough of Carteret shall and does hereby authorized DeCotiis, FitzPatrick, Cole & Giblin, LLP, serving as Special Redevelopment Counsel to the Borough of Carteret, and other professionals as may be identified by the Borough of Carteret to initiate procedures to condemn the two (2) permanent access easements, or other similar property interests, in this property for the benefit of the Borough of Carteret, which procedures shall include but not be limited to the filing of a complaint in condemnation with the Superior Court of New Jersey and the filing of a Notice of Taking, based upon the written appraisal obtained by the Borough of Carteret setting forth the fair market values of the two (2) permanent access easements to be acquired by the Borough of Carteret in this property without further action or authorization by the Governing Body of the Borough of Carteret. Section 4. DeCotiis, FitzPatrick, Cole & Giblin, LLP, serving as Special Redevelopment Counsel to the Borough of Carteret, and other professionals as may be identified by the Borough of Carteret shall be and are hereby authorized to pursue and engage in good faith negotiations with the owner of property designated on the official tax map of the: Borough of Carteret as Block 102, Lots 5.02 for the acquisition of one (1) permanent access easement or other similar interest in this property necessary to allow and provide for permanent unrestricted right-of-way access for the general public, Borough of Carteret employees and all vehicles and pedestrians within the area of the permanent access easement to be acquired on this property. No. #23-21 PAGE z .,F z Section 5. In the event the owner of the property designated on the official tax map of the Borough of Carteret as Block 102, Lot 5.02 does not accept the offer presented and the one (1) permanent access easement, or other similar property interest, required to be acquired by the Borough of Carteret in this property cannot otherwise be acquired through negotiations authorized by this Ordinance, then the Borough of Carteret shall and does hereby authorized DeCotiis, Fitzpatrick, Cole & Giblin, LLP, serving as Special Redevelopment Counsel to the Borough of Carteret, and other professionals as may be identified by the Borough of Carteret to initiate procedures to condemn the one (1) permanent access easement, or other similar property interest, in this property for the benefit of the Borough of Carteret, which procedures shall include but not be limited to the filing of a complaint in condemnation with the Superior Court of New Jersey and the filing of a Notice of Taking, based upon the written appraisal obtained by the Borough of Carteret setting forth the fair market value of the one (1) permanent access easements to be acquired by the Borough of Carteret in this property without further action or authorization by the Governing Body of the Borough of Carteret. Section 6. The Mayor, the Chief Financial Officer and the Director of Law are each hereby authorized to execute any documents necessary to effectuate the acquisition of each of the three (3) permanent access easements as is authorized by this Ordinance and in furtherance of the intentions of this Ordinance. Section 7. Any and all ordinance or resolutions of the Borough, or provision thereof, inconsistent with the provisions of this Ordinance shall be and are hereby repealed as to the extent of any such inconsistencies. Section 8. If any section, subsection, part, clause or phrase of this Ordinance shall be declared invalid by judgment of any Court of competent jurisdiction, such section, subsection, part, clause or phrase shall be deemed to be severable from the remainder of this Ordinance. Section 9. This Ordinance shall take effect upon final passage and publication in accordance with applicable law. Section 10. Upon the final adoption hereof, the Borough Clerk shall forward certified copies of this Ordinance to Jaime R. Placek, Esq., DeCotiis, Fitzpatrick, Cole & Giblin, LLP, Special Redevelopment Counsel to the Borough. THIS LINE RECORD OF COUNCIL VOTE COUNCILMAN YES NO NV -A.B. COUNCILMAN YES NO NV A.B. BELLING X JOHAL X DIAZ X KRUM X DIMASCIO X NAPLES X X- Indicate Vote AB - Absent NV -Not Voting XOR- Indicates Vote to Overrule Veto Adopted on first reading of the Council of the Borough of Carteret, N.J„ on July 13, 2023 Adopted on second reading after hearing oq-'---November 9, 2023 APPRO EDBY MAYOR ON qv MUNI PALCLB K AFFIDAVIT OF PUBLICATION The following is a true copy of an Ordinance or Resolution of the Borough of Carteret that has appeared in the Home News Tribune, a newspaper which is printed in Freehold, New Jersey and published in Neptune, in said County and State and of general circulation in said county. One 1 time(s), once in each issue as follows: October 24, 2023 Sworn and subscribed before me this ')/ /7"- day of fiy-h latr, Municipal Clerk ORDINANCE MK4.21 AN ORDINANCE AUTHORIZING THE ACQUISTION OF TWO (2) IEMENTS WITHIN PROPERTY DESIGNATED ON THE OFFICIAL i MAP OF THE BOROUGH OF CARTERET AS BLOCK 102, LOT 5,01 ONE (1) EASEMENT WITHIN PROPERTY DESIGNATED ON THE CIAL TAX MAP OF THE BOROUGH OF CARTERETAS BLOCK 104' )T 5.02, WITH ALL THREE (3) EASEMENTS BEING ACQUIRED TO PROVIDE FOR PERMANENT PUBLIC ACCESS" lance allows flu, Borough to acquire certoln easeneals am to grant unrestricted rightof�fvaY access for the gemrai Public. n9 Ordinance was Introduced at a meeting of In, Council of the Borough of Id July 10, 2023 When It was adoPNd an FIrsI Readhre. The sold Ordinance I er considered on Second Reading for Final Adoption of a meeting of s,ld la Borough of Carteret an November 9, 2023 al opproximafelY 6:00 p.m.; via all In at which gme ail MISS a inte)e44ed will he given an Opportunity: to be. 'Mallon for the call in process can be found an. the Borough's vlebslte at CI VI. Cormeta Paoorxelskl, RMC. Munlcioaf Clerk AFFIDAVIT OF PUBLICATION The following is a true copy of an Ordinance or Resolution of the Borough of Carteret that has appeared in the Home News Tribune, a newspaper which is printed in Freehold, New Jersey and published in Neptune, in said County and State and of general circulation in said county. One 1 time(s), once in each issue as follows: November 14, 2023 Municipal Clerk �— Notary P b is of New Jersey . QNotary Publ c ESi to a o�N wRJ0ersey Commisslon # 5D•18.8983 M Comm, Ex lres Mar, 31 2027 Sworn and subscribed before me this /q#' day ofMr)"hLr, &y,13