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HomeMy Public PortalAboutr 06:044 ~!'zalutia1t of tIr!' ißarauøIr of (!lnrt!'rd, ~ + JJ + No. #06-44 Date of Adoption JanUary 269 2006 A RESOLUTION 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 detennined that a need exists to acquire the following identified parcels of real property to be used in furtherance of the Borough's revitalization and redevelopment efforts and for public parking and such other public purposes as are authorized by law: STREET ADDRESS BLOCK/LOT 211 Roosevelt Avenue 215 Roosevelt Avenue 1 Washington Avenue Block 222; Lot 17 Block 222; Lot 16 Block 222; Lot 15 WHEREAS, the Governing Body has determined that said use is for a public purpose and will promote the general health and welfare of the community; and WHEREAS, Section 40A:12-5(a)(1) of the Local Lands and Buildings Law, N.J.S.A. 40A:12-1 et seq. ("LLBL"), empowers municipalities to acquire real property by direct negotiation leading to the purchase of said property, or by condemnation should that be necessary, however, in the case of a municipality, such acquisition must be authorized by duly adopted resolution. 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 real property 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 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 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 Attomey, and/or other special legal counsel, are hereby authorized and directed to perfonn or carry out or cause to be perfonned 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 properties, the location and quality of. any of the properties and any environmental matters associated with any of the properties and to undertake any action necessary or appropriate to acquire the aforementioned rea] 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. PAGE 2 of 2 NO 106-44 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, fonn, or document necessary or appropriate to acquire said properties by any of the methods set forth in Section I of this resolution. Adopted this 26th day of January, 2006 and certified as a true copy ofthe original on January 27,2006. KATHLEEN M. BARNEY, RMC/CMC Municipal Clerk RECORD OF COUNCIL VOTE COUNCILMAN YES NO NY A.B. COUNCILMAN YES NO NY A.B. X X DIAZ X !U X KRUM X st X x _ Indicale VOle AS _ Absent NV - Nol Voting XOR - [ndicntcs Vott' to Ovt'rruk Yew c Adopted at a meeting of the Municipal Council nuary 26, 2006 ~.e..e. I CLERK