HomeMy Public PortalAboutr 03:321No. 03-321 Date of Adoptio~0ctober 16, 2003
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
property.
2. Property to Be Sold. The real property described in the attached Schedule A, 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.
3. Manner of Sale. The aforesaid property shall be sold by open public sale at auction to
the h!ghest 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 October 30, 2003 at
10 a.m. at the Council/Municipal Court Chamber located in the Carteret Police/
Municipal Court Facility, 230 Roosevelt Avenue, Carteret, New Jersey. 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 tt'~e right to reject all bids where the highest bid is not accepted. Notice of such
reservation shall be included in the advertisement of the notice of sale and notice of
thereof shall be given at the time of sale. tf 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.
PAGE 2 of 2
B. Upon acceptance of the highest bid, whether it be on October 30, 2003, or at such
later date as the Mayor and Council shall act, the successful bidder shall immediately
deliver the Borough Treasurer a certified or bank cashier's check or cash in the sum of
not less than ten percent (10%) of the accepted bid. If the successful bidder fails to make
this payment, the Mayor and Council may accept the next highest bidder or reject all
bids.
C. The closing of title shall occur at the offices of the Borough of Carteret, 61 Cooke
Avenue, Carteret, New Jersey, on November 24, 2003 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 caslSier'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 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.
Adopted this 16th day of October, 2003
and certified as a true copy of the
original on October 17, 2003.
KATHLEEN M. BARNEY, RMC/CMC
Municipal Clerk
RECORD OF COUNCIL VOTE
PARIsINAPLESKRI1MCO~UNCILMAN RIOSsosNOWsKiSiTARzCOUNCILMAN
X - indicate Vote AB - Absent NV - Not Voting XOR - Indicates Vote to Overrule Veto
Adopted at a meeting of thc Municipal Council
Duplicate Resolution refer / ~ October 16, 2003
t oResolution #03-276·