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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 \ ,. \