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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
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CLERK