HomeMy Public PortalAboutr 24-038'AinowYon of e Par"gh of Turford, Y5C
#24-38
_ Date of Adoption I'ebYuarv._I
AUTHORIZING THE PUBLIC SALE OF CERTAIN
REAL PROPERTY OF THE BOROUGH OF CARTERET
PURSUANT TO N.J.S.A. 40A:12-13(a)
WHEREAS, pursuant to N.J.S.A. 40A:12-13 et seq., any municipality may sell any real
property, capital improvement or personal property, or interest therein, not needed for
public use in accordance with the provisions of, and in compliance with one of the
methods of sale authorized by, said statute.
WHEREAS, the Borough wishes to sell certain real property by open public sale at
auction pursuant to the provisions of N.J.S.A. 40A:12-13(a).
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough
of Carteret as follows:
1. Determination of Sale. The Mayor and Council of the Borough of Carteret has
reviewed the status of certain real property owned by the Borough and does by this
Resolution determine that such real property as described in this Resolution is not needed
for public use and that the best interests of the Borough will be served by the sale of said
properly.
2. Property to Be Sold. The real property described in the attached Schedule A, attached
hereto and made a pall hereof and entitled "Property to Be Sold", shall be sold by the
Borough in accordance with the terms of this Resolution and, further, shall not be sold for
less than the minimum price set forth on said schedule. The Borough has preliminary
title search and survey material available for review.
3. Manner of Sale. The aforesaid properly shall be sold by open public sale at auction to
the highest bidder after advertisement thereof in a newspaper circulating in the
municipality, by two (2) insertions once a week for two consecutive weeks, the last
publication to be not earlier than seven (7) days prior to such sale. The real property shall
not be sold for less than the minimum set for said real property. The auction for said sale
at which bids will be received orally and publicly shall take place on February 23, 2024
at I a.m. at the Borough of Carteret War Memorial Municipal Building, 61 Cooke
Avenue, Carteret, New Jersey 07008. This sale may be adjourned at the time advertised
for not more than (1) week without re -advertising.
4. Conditions of Sale. The aforesaid property shall be sold by the Borough of Carteret
subject to the following conditions:
A. The Mayor and Council reserve the right to reject the highest bid at the time the
bids are received and further shall have the right to reserve decision on the highest bid
and either accept or reject the highest bid no later than at the second regular meeting of
the Mayor and Council following the receipt of bids. The Mayor and Council further
reserve the right to reject all bids where the highest bid is not accepted. Notice of such
reservation shall be included in time advertisement of the notice of sale and notice of
thereof shall be given at the time of sale. If the Borough shall fail to accept the highest
bid within fourteen (14) days from the receipt of bids, failure to act shall be deemed a
rejection of all bids.
B. Upon acceptance of the highest bid, whether it be on February 23, 2024, or at
such later date as the Mayor and Council shall act, lire successful bidder shall
inmtediately deliver the Borough Treasurer a certified or bank cashier's check or cash, or
a personal check acceptable to the Borough Law Director, in the sun of not less than
twenty thousand ($20,000) with the balance of the ten percent (10%) of the accepted bid
NO. #24-38
PAGE 2 of 2
due within fourteen (14) days. If the successful bidder fails to make this payment, the
Mayor and Council may accept the next highest bidder or reject all bids. Additionally, all
bidders planning to rely upon mortgage financing to close title to said property must, at
the time of bid, provide a pre -approval letter for the mortgage financing from a reputable
financing institution.
O. The closing of title shall occur at the offices of the Borough of Carteret, 61 Cooke
Avenue, Carteret, New Jersey, on May 23, 2024, at 2 p.m., or at such time and place as
agreed to by the Borough, at which time the Borough of Carteret will present a Bargain
and Sale Deed (without covenant against grantor acts), in exchange for which the
successful bidder shall pay the balance due on the accepted bid price, less credit for
deposit previously made. Payment shall be made by the successful bidder by certified or
bank cashier's check or cash. Failure to close title in this manner, shall constitute to a
default by the successful bidder and shall effect a forfeiture of the deposit previously
made.
D. The said land and premises are to be sold As Is, Where Is, With all Faults, subject
to all municipal, state and federal ordinances, laws, statutes and regulations affecting the
use thereof and subject to such state of facts as an accurate survey of said lands and
premises would disclose and further subject to such covenants, easements, conditions
appearing in prior title deed and instruments now of record or assessments affecting the
said lands and premises. In the event title to the premises or any part thereof shall prove
to be defective or unmarketable, and the Borough of Carteret is unable to remove said
defect or unmarketable condition on title within a reasonable time period, then this sale
shall be null and void and the only liability of the Borough of Carteret shall be to return
to the purchaser any and all deposits of monies received on account of the purchase
price. As noted, the Borough has preliminary title search and survey material available
for use by the successful bidder.
Adopted this 8a' day of February, 2024,
and certified as a true copy of the
original on February 9, 2024.
CARMELA POGORZELSKI, RMC
Municipal Clerk
RECORD OF COUNCIL VOTE
COUNCILMAN
YES
I NO
I NV
I A.B.
COUNCILMAN
I YES
I NO
I NV
A.B.
BELLINO
X
JOUAL
X
DIAZ
X
KRUM
DIMASCIO
g
NAPLES
X- Indicate Vote AB - Absent NV - Not Voting XOR- Indicates Vote to Overmle Veto
Adopted at a meeting of the Municipal Council
February 8, 202
i
umcipa Clerk
SCHEDULE "A"
Land Sale Property
BLOCK
LOT
ADDRESS
ZONE
SIZE
MIN.
CONDITIONS
BID
Property is being
sold "As Is, Where
Is, With All Faults."
Buyer shall be
responsible to
secure all
Construction
Department COs if
required and any
Certificate of
Habitability and
subject to all
existing easements,
1
5003
13
35 Louis Street
R-50
38'x145'
$570,000