HomeMy Public PortalAboutordinance 04:34
2ß-DrDu£4 Df (!larf:er:ef
MIDDLESEX COUNTY
,N£Í!I ~ ers.~ -
TEL (732) 541-3800
FAX (732) 541-8925
OFFICE OF
KATHLEEN !'II. BARNEY, RMC/CMC 61 COOKE AVENUE
MUNICIPAL CLERK CARTERET, NEW JERSEY 07008
MEMORANDUM
TO: ROBERT J. BERGEN, ESQ.
655 FLORIDA GROVE ROAD
PO BOX 760
WOODBRIDGE, NEW JERSEY 07095
DATE: NOVEMBER 15, 2004
FROM: KATHLEEN M. BARNEY, RMC/CMC
SUBJECT: AUTHORIZING THE ACQUISITION AND/OR
CONDEMNATION OF CERTAIN REAL PROPERTY LOCATED IN
THE BOROUGH OF CARTERET FOR THE HILL DISTRICT STORM
WATER MANAGEMENT/DRAINAGE PROJECT.
ENCLOSURERS: CERTIFIED COpy OF ORDINANCE #04-34.
KMB/apm
cc: TREASURER
ENGINEER
FILE
" ®r Ùtttctttt2
No 04 14 ü£ ±q2
lßÚrÚu.gq Ú£ QIctr±:erdJ tt W~
Councilman Presents the following Ordinance Seconded by Councilman
AUTHORIZING THE ACQUISITION AND/OR CONDEMNATION OF
CERTAIN REAL PROPERTY LOCATED IN THE BOROUGH OF
CARTERET FOR THE IDLL DISTRICT STORM WATER
MANAGEMENT/DRAINAGE PROJECT
WHEREAS, certain real properties identified in Exhibit A, attached hereto and made a part
hereof, are currently in private ownership; and
WHEREAS, drainage and drainage facility easements upon, or fee simple interest to if
necessary, the referenced properties are needed for storm water drainage purposes as part of
the Hill District Stonn Water Management/ Drainage Improvements Project; and
'VHEREAS, the acquisition of said properties for the above purposes is for a public use; and
WHEREAS, pursuant to the Eminent Domain Act, NJ.S.A. 20: 3-1, et seq., a municipality
may acquire private property for a public use.
NOW THEREFORE, BE IT ORDAINED, by the Mayor and Council of the Borough of
Carteret, as follows:
SECTION 1. The acquisition of drainage and drainage facility easements upon, or fee simple
interest to if necessary, any and all of the real properties identified in Exhibit "A" by either (i)
consummation of a purchase and sale contact which is the product of direct negotiations with
the owner of such property or (ii) by condemnation of such property that is carried out
pursuant to the Eminent Domain Act is hereby authorized and directed for the purposes of
implementing the Hill District Storn1 Water Management/Drainage Project and for such other
municipal purposes as may be authorized by law.
SECTION 2. The Borough Attorney is hereby authorized and directed to perforn1 or carry
out or cause to be performed or carried out, any studies, surveys, tests, soundings, borings,
appraisals, title searches and title report reviews as reasonably necessary to determine the
value of any of the property, the location and quality of the property and any environmental
matters associated with the property and to undertake any action necessary or appropriate to
acquire the respective interests to the aforementioned real property.
SECTION 3. The Borough Attorney is hereby authorized to negotiate with the owner of the
property and to file and pursue any condemnation action, as necessary.
I
NO "04-34 PAGE 2 of 2
SECTION 4. The Mayor and Borough Clerk and such other otticersas"rriaybe-riecessaiy are
hereby authorized to undeI1ake any actions and. execute and deliver any paper, form, or
document necessary or appropriate to acquire said property by either of the methods set forth
in Section 1 of this ordinance.
SECTION 5. All ordinances and/or parts of ordinances inconsistent herewith are repea1ed to
the extent of any such inconsistency.
SECTION 6. This ordinance shall take effect upon publication as provided by law.
fI/bOlutiofl tI Ordinance ~ ¥~g:ý:
Adopted this ~ day of~~
d--m'V
'KI__ and certified as a true copy of an
,,",,",, '" ~~ Ã. ;;>.,-en;::'
~
KATHLEEN M. S/\FiI'<'[\, h,,,,,,,.,,, (',ak
DO NOT USE SPACE BELOW THIS LINE
RECORD OF COUNCIL VOTE
COUNCILMAN YES NO NY A.B. COUNCILMAN YES NO NV A.B.
KRUM x RIOS x
NAPLES x SITARZ x
PARISI x SOSNOWSKI x
x . Indicate VOle AB . Absent NY - Not Vo¡irlg XOR . Indicatcs Votc to Overrule YelO
Adopted on firs! reading of ¡he Council of the Borough af"Cane-fet, N.J.. or. --D.ct-nnpr 28, 2004
Adopted on second reading aher hearing on
APPROVED Y
ON ¿ I Ý
\
EXHIBIT "A"
BLOCK LOT
9.02 15.01
9.02 24
113 1.03
113 8
113 9
,.
II \ ,.
\