The URL can be used to link to this page

Home My Public Portal AboutOrd. 05-33 No. #05-33 ®r àiuctut£ ú£ ±q£ l@úrúuø4 úf ([ctr±£r£Ì1 ~ ~ JJ ~ Councilman Presents the following Ordinance Seconded by Councilman AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF CERTAIN REAL PROPERTY WITHIN THE BOROUGH OF CARTERET WHEREAS, the Mayor and Council of the Borough of Carteret ("Borough") has determined that a need exists to acquire that portion of following identified parcel of real property as delineated on Schedule "A", attached hereto, to be used for public parking and pedestrian use in conjunction the development and recreational use and enjoyment of the Borough's new Waterfront Park Block 4; Lot 4 (also identified as Block 201; Lot 3) ; and WHEREAS, the Governing Body has detern1ined that said use is for a public purpose and will promote the general health and welfare of the community and the Borough has been awarded funding from the New Jersey Department of Enviroill11ental Protection, Greene Acres to assist with the acquisition of said property; and WHEREAS, Section 40A: l2-5(a)(l) of the Local Lands and Buildings Law, NJ.SA 40A:12-l et seq. ("LLBL"), empowers municipalities to acquire rea] property by direct negotiation leading to the purchase of said property, or by condemnation shou]d that be necessary, however, in the case of a municipality, such acquisition must be authorized by duly adopted ordinance. NOW THEREFORE, BE IT ORDAINED, by the Mayor and Council of the Borough of Carteret, as follows: SECTION 1. The acquisition of that any and all of the aforementioned parcel of rea] propeliy within the Borough of Carteret by any of the following methods, (i) consummation of a purchase and sale contact which is the product of direct negotiations with the owners of such properties, (ii) by a gift, grant, or contribution by any owner of such propetiies, or (iii) by condemnation of any such property that is carried out pursuant to the Eminent Domain Act is hereby authorized and directed for the purposes of providing public parking and pedestrian use in conjunction with the development and recreational use and enjoyment of the Borough's new Waterfront Park, and for such other municipal purposes as may be authorized by law. SECTION 2. The Borough Attorney, and/or other special legal counsel, are hereby authorized and directed to perfOlm or CatTY out or cause to be perfOlmed or carried out, any studies, surveys, tests, soundings, borings, appraisals, title searches and title repOli reviews as reasonab]y necessary to determine the value of any of the properties, the location and quality of any of the properties and any envirorunental matters associated with any of the properties and to undertake any action necessary or appropriate to acquire the aforementioned real properties. SECTION 3. The Borough Attorney, and/or other special legal counsel, are authorized to negotiate with the property's owner, and the Borough Attorney, and/or other special legal counsel, are authorized to file and pursue any condemnation action, as necessary. NO. ~33 PAGE 2 of 2-. SECTION 4. The Mayor and Borough Clerk and such other officers as may be necessary are hereby authorized to undertake any actions and execute and deliver any paper, form, or document necessary or appropriate to acquire said properties by any of the methods set forth in Section ] of this ordinance. SECTION 5. All ordinances and/or parts of ordinances inconsistent herewith are repea]ed to the extent of any such inconsistency. SECTION 6. This ordinance shall take effect upon publication as þrovided by law. ~.._~- DO NOT USE SPACE BELOW THIS LINE RECORD OF COUNCIL VOTE COUNCILMAN YES NO NV A.B. COUNCILMAN YES NO X X X NV A.n. BELLINO DIAZ KRUM X X X NAPLES X -Indicate Yole AS - Absent NY - Not Voting XOR - Indicates Votc to Overrule Veto c Adopted on first reading of the Council of the Borough ofCarteret, N.J., on ----.May-1.9..., ?00'1 June 16, 2005 MA YOR ~Æ~/~_ . MUNICIPAL C~ ·RK I" I ~a I :i I .. :¡ Ii Sched u. \Q. L .........,.III......IL...........~....."'""'IO....UI sr... ð ...o8IRTlIiP....,.. IP~ ~.~'CII!-vtw'~ DI'"'Ia'.ooCI!Suo ..,..........-.01 .. ~~ t:rUØI'Y ....- ,I II \ : I ,.. iT ~ I I I' I I I , I : I or .. ...... __a LOT BLOC :a;. -:::;'a EXISTING ... ... I.IIf J. .... --P" ~ - LOT 2 -- . ua........." ~1.' __ _-=-_:-1·-----==:_-.=::=::=::=-=--=:.:.:13=------2~7==- _~:.:::==~~~= r 13 ------ ------..-------------------T _ ~ ~----.:.=;,;----~=~===~-----...~;:;;:¡¡,r- ..._.... --- - ·I~~:;..I -,- --~ -~ ..,ar ~ r, -- r1 ~~~~T(~~FQt~~ l/t'~" r\ ~~T 201 Ii I~::"''f-=- ,- ¡;>~_(....'IÇ"'" \ ,:an if iI~ \ ~ J) ì-J;:~ - It~ --I :t..~ ..- ---...... . t' =. ( j ...\-..... ''-,- ,, ~...... , ~.., /' ..... ...... I J _f ì(/ \ ........ . i ; ........._~ . I / :- ;. ;.;r~ - \ ! I. I . -,......, . I I, " r) ~ ¡" I '. <... ., " =.....::: i~..",I,...,-,: ...... J ~ \ \" ""--- ;'~r' , -- ----- ...... /, " I ,~"~~¡ " ;! I, I ..-.; ...- ~~ (EXPANDED TO 108 S'ACES) -... ¡;:a:su:.ø ~AMli:IMi IIaA IE ~J"" --"- 0.__ -, - _.-........_--_-.._~- ---___ --___."1 .-. - -........ -.. --- .---... Ø*;= ~._- ::I:r~._- I .._._~...-.__..~ ....-.------...---- &_- -..~-=-.:~=,...:..-= :-~=-..:...... -,.--~~:.=. -- -----~ = -.......-....---....- ------......--..--- ...-----....-. OIW'IIIC KAIZ ~,. c__) tee-- .. ~T5. ~"7._... . I . T .....----. -..- _~I'_=-_a.=~~.._ ~ Sc h"j l\ Le. 'A'I LOV\ I.. il ï o -I -" fTI <:!ó (/ '" z C') CJ:I c: r <;1 Z ~- -- 11 ,. -' í , - - =-r'111oüttU.. ~ .ilIIP.a\f..1a I,f-"'W~ ¡-~~&..-.... :NI"'....-..:;. =-~_.. -- ...-,.: ....:II!!!! I:III:r: -:n.= ...~ --:'&iIPr -~-- =:::--.. ----=-' ==,"......- -- ....-- -----.- .. ,.,--_._--~ - .. -.-....-.-........-... ___=--~___.........L-. a. -.__.___...... .. -----.....----- ------ .-.---:r~=:,:.__. ===:...~-~--:. -- ---. ~·=4·"""- ~-..-:.-==-.:... -"'~_11!.!!- . -----_...-~..._..... ..- --- -_.- - -- -- ""....-- .-. ~ .....,......_-".---------- ......~._ .. .-:II.t. 'RJþ¡L-"''''''' .... - ~.................. - ~ ------...-..........- ~-~.......... - .....,,~TO___ .-.- ·--~~l~q¡j ---= ---= .... ---..- " .--..... -...-....-...- - I :I .. I Affidavit of Publicatioq/ / Publisher's Fee $94.16 State of New Jersey} 55. MIDDLESEX COUNTY . \ , \ -'Tì1" -~!.'-::~J e $20.00 \ ').\\ -'.'.\ i I , , Personally appeared JON IRAGGI , ,. i.Trr r- of the Home News Tribune, a newspaper printed In Freehold, NJ and publls PTUNE, In said County and State, and of general circulation In said county, who being duly sworn, deposeth and salth that the advertisement of which the annexed Is a true copy, has been published In the said newspaper 1 (ONE) times, once In each Issue, as follows 6/11/05, JEAN O. JOHNSON tJOTPIIW P~BLlC OF NE-I.¥ JERSrV MY COMMISSION EXPIRES FEB. 22,2010 û Public 01 New Jersey BOROUGH OF CARTERET ORDINANCE #05-33 AN ORDINANCE TO AUTHORIZE THE ACQUISI- TION OF CERTAIN REAL PROPERTY WITHIN THE BOROUGH OF CARTERET WHEREAS, the Mayor and Council of the Borough of Carteret ("Borou¡¡¡:h") has determined that a need exists to acquire that portion of following ~';h~~~~~ I?,~.~.el a~i:Ceha~fr~~r~\tl at~ d~~n~~~dd fo~ public parking and pedestrian use in conjunction the development and recreational use and enjoy- ment of the Borough's new Waterfront Park Block 4; Lot 4 (also identified as Block 201; Lot 3) .nd WHEREAS, the Governing Body has determined that said use is for 21 public purpose and will promote the general health and welfare of the community and the Borough has been awarded finding from the New Jersey Department of Envi- ronmental Protection. Greene Acres to assist with W~Ea~~~~~tig~c~!oSnai~gÁ7fi~~Y~)n~ of the Local Lands and Buildings Law, N.J.SA 40A:12-1 et 5eq. ("LLBL"), empowers municipalities to acquire real property by direct negotiation leading to the pur- chase of said property, or by condemnation should that be necessary, however, in the case of 21 municipality, such acquisition must be authorized by duly adopted ordinance. NOW THEREFORE, BE IT ORDAINED, by the Mayor and Council of the Borough of Carteret, as follows: SECTION l.The acquisition of that any and 2111 of the aforementioned parcel of real property within the Borough of Car- teret by any of the following methods, (i) consummation of a purchase and sale contact which is the product of direct negotiations with the owners of such p'roperties, (ii) by a gift, grant, or contribution by any owner of such properties, or (iii) by condemnation of any such property that is carried out pursuant to the Eminent Domain Act IS hereby authorized and directed for the purposes of providing public park- ~nhar~e P3:vee~~~~e~~ea:,nd cr~~~ue~~f~~~ ~~gh~: ~en~ W~l~rf~Oe,,~t P~~k~h:ndBf~~ such other municipal purposes as may be authorized by law. SECTION 2.The Borough Attorney, and/or other special legal counsel. are hereby au- thorized and directed to perform or carry out or cause to be performed or earned 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 properties, the location and quality of any of the properties and any ,environmental matters associated wIth any of the properties and to undertake any ac- tion necessary or appropriate to ac- quire the aforementioned real proper- A.D., 2005 d subscribed be e me this 11th day of June, A.D., 2005 ties SECTION 3.The Borough Attorney, and/or other special legal counsel, are authorized to negotiate with the property's own- er, and, the Borough Attorney, and/or other special legal counsel, are authorized to file and pursue any condemnation action, as necessary. SECTION 4.The Mayor and Borough Clerk and such other officers as may be neces- sary are hereby authorized to under- take any actions and execute and deliver any paper, form, or document necessary or appropriate to acquire ~=~d ro"r~~e¡~ies:lti~~y If ~?etg¡:t~~â~ nance. SECTION 5.AII ordinances and/or parts of ordi- nances inconsistent herewith are re- pealed to the extent of any such in- consistency. SECTION 6.This ordinance shall take effect upon publication as provided by law. The foregoing ordinance was introduced at a meet- ing of the Council of the Borough of Carteret held June 2. 2005 when it was adopted on First Reading. The said ordinance wiIJ be further considered on Second Reading for final adoftion at a meeting of said Council of the Borough 0 Carteret on June 16, 2005 at approximately 7:00 P.M., Municipal Court/Police Facility, 230 Roosevelt Avenue, Car- teret, New JerseJ at which time and place all b:rh~~~d~ntereste will be given an opportunity to KATHLEEN M. BARNEY Certified Municipal Clerk ($94.16) 39333