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HomeMy Public PortalAboutr 05:229 ~ezúluttúu ú£ tIre Ißúrúu£Ir ú£ QInrterd1 ~. JJ. No. #0'1-77Q Date of Adoption .J1I1 y 21. 2005 AUTHORIZING THE TRANSFER OF TITLE TO BLOCK 5.1, LOT 2 WHEREAS, by Ordinance #03-07, adopted on February 6, 2003, the Borough of Carteret (the "Borough") adopted the Redevelopment Plan for the redevelopment of the Chrome Waterfront Redevelopment District ("CWRD"); and WHEREAS, Meridian Terrace, LLC, 90 Woodbridge Center Drive, Woodbridge, NJ 07095, ("Meridian") submitted to the governing body a redevelopment project proposal for a portion of the CWRD, more specifically, Block 5.1; Lots 1.2, 1.3 and 2, said area consisting of approximately 5.5 acres; and WHEREAS, Meridian's proposed redevelopment project IS consistent with the Redevelopment Plan; and WHEREAS, on March 6, 2003, by Resolution #03-100, the governing body designated Meridian as the redeveloper for the above described properties, subject to the negotiation and execution of a formal Redevelopment Agreement between the Borough and Meridian with regard to the proposed redevelopment project; and WHEREAS, by Resolution #03-200, adopted on July 9, 2003, the governing body approved the formal agreement between the Borough and Meridian for the above referenced redevelopment project ("Redevelopment Agreement"); and WHEREAS, pursuant to the provisions of the Redevelopment Agreement, the Borough is obligateè to acquire title to any privately held properties amongst the above referenced lots and tra! sfer the same to Meridian, should Meridian be unable to directly acquire title to the same; and WHEREAS, the provisions of said Agreement require the Borough to use its powers of eminent domain to acquire title to said property should that become, necessary; and WHEREAS, Meridian has previously advised the Borough that despite its best efforts it has been unable to negotiate the acquisition of Block 5.1, Lo~ 2; and WHEREAS, the Borough previously authorized the acquisition of the above-referenced real property, known as Block 5.1, Lot 2, pursuant to Ordinance #03-50, including exercising the Borough's powers of eminent domain for that purpose should it become necessary; and WHEREAS, the Borough instituted condemnation proceedings in the Superior Court of New Jersey, Middlesex County, under Docket No. MID-L-1039-05, to acquire said parcel; and WHEREAS, the Borough has acquired title to said parcel pursuant to the recording of a Declaration of Taking, recorded on March 11, 2005, and in accordance with an Order for Final Judgment, entered on April 6, 2005, in the above entitled action; and WHEREAS, pursuant to the above-referenced Redevelopment Agreement the Borough is obligated to transfer title to said parcel to Meridian Terrace, LLC; and WHEREAS, Meridian Terrace, LLC, has assigned its interest in said Redevelopment Agreement to Meridian II, said assignment having been approved by the Borough pursuant to a modification to the Redevelopment Agreement authorized by Resolution # 05-192, adopted on June 2, 2005. NO. #05-229 PAGE 2 of 2 NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of Carteret, County of Middlesex and State of New Jersey as follows: 1. That the appropriate Borough Officials, including the Mayor, Borough Clerk and Borough Attorney, be and are hereby authorized and directed to take any and all action, including, but not limited to, the preparation and execution of any and all documents, necessary to transfer title to the above-described real property, identified as Block 5.1, Lot 2 on the Tax Map of the Borough of Carteret, as acquired by the Borough pursuant to the condemnation proceedings filed in the Superior Court of New Jersey, Middlesex County, baring Docket No. MID-L-I039-05, to Meridian II, all in accordance with the terms of the Redevelopment Agreement between the parties. 2. That the Borough's Finance Department is authorized to refund any excess funds posted by Meridian II, or its predecessor-in-interest, for the value of the land acquisition for the above parcel, upon payment of any and all professional fees related to said acquisition. 3. That a copy of this Resolution be forwarded to the Borough Attorney. Adopted this 2151 day of July, 2005 and certified as a true copy of the original on July 22,2005. KATHLEEN M. BARNEY, RMC/CMC Municipal Clerk RECORD OF COUNCIL VOTE COUNCILMAN YES NO NV A.B. COUNCILMAN YES NO NV A.B. RIDS x ~ Indicate Vote AB - Absent NV - Not Voting XOR - Indícates Vote to Overrule Veto c Adopted at a meeting of the Municipal Council -¥-~' 2005 / ~