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Home My Public Portal AboutOrd. 06-14 No. 106-14 Qf)rûmUllc£ nf tfp~ ~nrnltgl¡ nf caètrh~rd, ~L JJ ~ Councilman Presents the follow02&..ºrdinance Seconded by Councilman AN ORDINANCE TO AUTHORIZE THE ACQUISITION AND/OR CONDEMNATION OF CERTAIN REAL PROPERTY WITHIN THE CHROME WATERFRONT REDEVELOPMENT AREA WHEREAS, the Local Redevelopment and Housing Law, NJ.SA 40A:12A-l et seg. as amended and supplemented ("Redevelopment Law"), provides a process for municipalities to participate in the redevelopment and improvement of areas in need of redevelopment, which process includes, if necessary, the power to acquire teal property that is nbcessary to carry out and effectuate a redevelopment plan either by direct negotiation or by condemnation pursuant ti? the Eminent Domain Act of 1971, N,J.S.A. 20:3-1 et seq. (the "Eminent Domain Act"). WHEREAS, on February 20,2003, the Borough ofCarteret adopted Ordinance No. 03- 07 through which the Redevelopment Plan for the Chrome Waterfront Redevelopment Area. ("Redevelopment Plan") was adopted by the Borough and which Redevelopment Plan identifies properties that should be acquired, if need be, to effectuate the purposes of the Redevelopment Plan, acquisition for said purposes having been recognized at la.w to be for a public purpose or for a public use. WHEREAS, section 40A:l2-5(a)(1) of the Local Lands and Buildings Law, NJ.S.A. 40A:12-l et seq. ("LLBL"), also empowers municipalities to acquire real property by direct negotiation or by condemnation, however, in the case of a municipality, such acquisition must be authorized by duly adopted ordinance. WHEREAS, the Borough has entered into a redevelopment agreement with Carteret Landing, LLC ("Redeveloper") pursuant to which Redeveloper is obligated to carry out a redevelopment project in furtherance of the Redevelopment Plan, and the Borough has determined that acquisition of certain prope11y within the jurisdiction of the Redevelopment Plan will be necessary to facilitate the redevelopment project and the Borough now wishes to authorize such real property acquisition by this ordinance, as required by the LLBL, the Eminent Domain Act, and the Redevelopment Law. NOW THEREFORE, BE IT ORDAINED, by the Mayor and Council of the Borough of Carteret, as follows: SECTION 1. The acquisition of any and all of the real properties identified in Exhibit "A" by any of the follQwing methods, (i) consummation of a purchase and sale contact which is the product òf direct negotiations with the owners of such properties, (ii) by a gift, grant, bequest, devise or contribution by any owner of such properties, or (iii) by condemnation of any sllch property that is carried out pursuant to the Eminent Domain Act is hercby authorized and directed for the purposes of implementing the goals and objectives of the Redevelopment Plan and for such other municipal purposes as may be authorized by law. SECTION 2. The Borough Attorney and/or Special Redevelopment Counsel, or any attorney associated with such firm, are hereby authorized and directed to perfOlID 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 detem1ine 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 real properties. NO. 3'06-14 PAGE 2 of 3 SECTION 3. The Borough Attorney and/or Special Redevelopment Counsel, or any attorney associated with such firm, are hereby authorized to negotiate with any of the properties' owners or filing and pursuing any condenmation action, as necessary. 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 1 of this ordinance. SECTION 5. All ordinances and/or parts of ordinances inconsistent herewith are repealed to the extent of any such inconsistency. SECTION 6. This ordinance shall take effect upon publication as provided by law. [I COUNCILMAN DO NOT USE SPACE BELOW THIS LINE RECORD OF COUNCIL VOTE YES NO NY A.B. COUNCILMAN YES NO NY A.B. X X X X X NAPLES RIOS x . lndicatl: VOte. AS· Abscnt NY. Not Voting XOR· Indicates Vote: to Overrule YeIQ c Adopted on first reading o(¡he Council of the Borough ofCarteret, N.J., on Fphrll;Jry 16. 2006 Adopted 011 second readingafterh Ingon March 2, 2006 ~ MA YOR v¿¿¿-¡ C/ " MU/,/IC¡P^I.. CLERK - TAX BLOCK 5.02 (5.2) 5.02 (5.2) 5,02 (5.2) EXHIBIT "A" TAX LOT 1.01 (1.1) 1.02 (1.2) 2.01 (2.1) AFFIDAVIT OF PUBLICATION of an Ordinance of Carteret that appeared in the Home News Tribune, a newspaper which is printed in Freehold, New Jersey and published in Neptune, in said County and State and of general circulation in said county. one (1) times, once in each issue as follows: The following Resolution of IS a the true copy Borough Februarv 21. 2006 ¿ø~..hJ c¿ ~ Notary Public of New Jersey Sworn and subscribed before me this.,73.-wt' day of F~; :J-ør... SECTION 3. The Boroush Attorney and/or Special· Redevelopment CQ:IJ_nsel. Of" eny attor- ney associated with such firm are ~~~·~r t~~;:~e-::ie~~ or:~~~~ liíì~ and pursuing any condemn.-tlon ac- tion, as necessary_ SECTtON 4. The Mayor and Boro'ush Clerk and such otl1... officers a. may 1M neces- sary are hereby authorized to under- takiI any actions and execute and detlver any pap.r, form. or document necessary or appropriate to acquire said properties by any of the meth- ods set forth in Section 1 ot this ordinance. SECTION 5. AU ordinances andlor parts of 'ordi- nances inconsistent herewith ere re- pealed to the extent of any such Inconsistency. HenoN e. This ordinance shall take effect upon publication as provided by law. The foreiotrla ordinance was introduced at a meet- ~n.:L~~,:,~e lc¡~u~O~W:nB:r:~h ~~~t~e~ Þi= Reading. The said ordinance will be further consid- ered on Second Reacllna: for final adoption at a meetine of said Council 01 the Borou~h of Carteret Mnun~r;;lh c~ùrÔ~ic:tF:Ji~t;,)(~~~t~~o:~~t :::.~ nue, carter.t, N.w J.rseK at which time and plac. :g g:r~~~d~nter.st"d wi be given an opportunity EXHUNT "¡," T:.'..-.oc~lK T.~ ¡'Fi' I.DZ . 1.02 1 1M . 2.01 2.1 M~· NEV, CertIIIM rIIelplll:= A~", --1~ Kathleen Barney, R1Vl Municipal Clerk or has ICIIIUIIIOfCMIŒT I 1'1 AN .R..~~·THI!_. TJON ~CONDEii'ÑA"ii"öN"OF CERTAIN ... AL P---I'ÃÖN'r'~~~ WAn... ~~~t~~:.l~.~~velop~:n~~~u~"5 supplemented è"RecM....lopm:::f Law"), provides a proce", for rnuntc¡p.uu.. to participate in the rede- velopment and knprowement of areas in need of redevefopment. which proc.ss includes, if neces- sary, the power to ecquire real property that is nec....ry to (:..~ out and effectuate a r.develop- ~:~lt\:'t ;::..,r t~r~~ r~~:~lg~~~:y"¿f~f l~P' NJ.$A 20:3-1 ~t s.q. (the "Eminent Domain wtt..... on Fûruary 20, 2003, the Borouch of Carteret adopted OrdInance No. 03-07 throua:h whi<:h the· Rade elo,ment Plan for the Chrome Waterfront R~. . t Area ("Redevelopment Plan") was ,bY' the Borouah and which RedevelopnM'nt IIItnlclantifi.s properti.. that should be ecClUl'~if ~ be, to .ffectuate the purposes of tIIta edeY4ilopment Plan. acquisitIon for HkI pur~,". nl been reco~izedat law to ~Á~. ~ec~~~1~5c~~~ Ii~fu;-e Local Lands and Buildinp; Law, NJ.S.Á:~A;12-1 et søq. ("LLBL"), also empowers muni<:lplltitl.. to acquire r.. property by odIrect neaotiatIon or by condem- nation; however, in ttM case of a munlclpaHty, such :J:islt~~ must be authorized by duly adopted ~,-the Boro~h has entered into a r.d.... vet!)pment álreeme", with Cartw.t Landins, LLC ("Redeveloper'·) pursuant to which Redev.lo~ Is ol»illated to cørry out a red.waJopment proJect in furtfierance of tfle Red.v.lopment Plan, aIid the Boro~ has deterrnin«t that ~qulsltlon of c.rtain prope within the Jurisdiction of the Redevetop- ment p an will be necessar)'. to facilitate the ·rede- velopment project and the Boroush now wishes to authorize such real property acquisition by thJs orcünance, as reQ!.lired by the LLBL, the Emll'MIit Domain Ac:!i...~he Redevelopment Law. NOW, THEn~",,"1Do H IT ORDAINED, by the May- ~ Council of the . Bor~ of Carwret, as SRrnON 1. T~ Kquisition of any and all of the rea' )top.rties Identified In Exhibit "A" by any of the following methods, (i) consummatIon of a purchlisa and sale contact which Is the product of direct n..otiatlons with the owners of such propertIes, (Ii) by a 111ft, Irant, bequest, devise or contrlbu on by. any own.r of such properties, or (hi) by condemnation of any such rroperty that is carrIed out pursuen to the Eminent Domain Act IS hereby autho- riZed and direct.d for the purpoMS of impfem.ntlng the goats and objectives of the R......lopmant Pian ind for such other municipal purposes as may be authorized by law. SECTION 2. The Boroulh Attorney and/or Special Redevelopment Counsel, or any attor- ney assoclat.d with such firm. are l1er.by authorized and directed to perform. or carry o"t or cau.. to be ~rformed .. carried out, .-.y stucftrø, surveys. tøts. ~ b:Or::InP. ap- prais., tltta searches and title report reviews as r.asonably necessary to d.termin. the value of any of the properties, the location andqwaUty of any of the prop.rtles and any .nvlron- mental matter. associated WIth any of the properties and to undertake any action necessary or appropriate to ~~~:e the aforementioned reat prop- BOROUGH Of CARTERET ORDINANCE #06-14 AN ORDINANCE TO AUTHORIZE THE ACQUISI. TION AND/OR CONDEMNATION OF CERTAIN RE- AL PROPERTY WITHIN THE CHROME WATER. FRONT REDEVELOPMENT AREA WHEREAS, the Loca! Redevelopment and Housing Law, N.J.SA 40A:12A-l et seq. as amended and supplemented ("Redevelopment Law"), provides a process for municipalities to pðrticipate in the rede- velopment and improvement of areas in need 01 redevelopment, which process includes. if neces- sary, the power to acquire real property that is necessary to carry out and effectuate ð redevelop- ment plan either by direct negotiatIOn or by con- demnation pursuant to the Emment Domain Act of 1971. N.J.SA 20:3-1 et seq. (the "Eminent Domain Aot"'. WHEREAS, on February 20, 2003, the Borough of Carteret adopted Ordinance No. 03-07 through which the Redevelopment Plan for the Chrome Waterfront Redevelopment Area ("Redevelopment Plan") was adopted by the Borough and which :he~u~~eb~~e~~r:l~?f ~de~~ti~:,S t~r~r::~:~e..,~e t~h~ purposes of the Redevelopment Plan. acquisition ~o: f~i~ ~~6Iics~su~~;~~g O~ef~~ ~e~~~~~euds:t law to WHEREAS, section 40A:12-5(a)(1) of the Local Lands and Buitdings Law, N.J.SA. 40A;12-1 et seq ~~;IL~~~'¿er~~ob:~Fr~~rnse;~i~f¡~~I~~et:oc~~~~~~ nation; however, in the case of a municipality, such acqUIsition must be authorized by duly adopted ordinance. WHEREAS, the Borough has entered into a rede- velopment agreement with Carteret Landing. LLC ("Redeveloper") pursuant to which Redeveloper is fU~'~~:~~~c~ :;tr[l{e °R~de::I~~~~.ftm~t~~;rao~dc~~~ Borough has determined that acquisition of certain property within the jurisdiction of the Redevelop- ment plan will, be necessary to facilitate the rede- velopment prOject and the Borough now wishes to ~~drno:~~ee, S~;hre~~¡~e~r~~e~:re LL%~,Si~~; E~in~h~~ Domain Act, and the Redevelopment Law. NOW, THEREFORE, BE IT ORDAINED, by the May- or and Council of the Borough of Carteret. as follows: SECTION 1 The acquisition of any and all of the real properties identified in Exhibit "A" by any of the following methods, (i) consummation of a purchase and sale contact which is the product 01 direct negotiations with the owners of such properties, (ii) by a gift, grant. bequest. devise or contribution by any owner of such properties. or (ill) by condemnation of any such property that is carried out pursuant to the Eminent Domain Act is hereby autho- rized and directed for the purposes of implementmg the goals and objectives of the Redevelopment Plan and for such other munrcipal purposes as may be authorized by law SECTION 2. The Borough Attorney and/or Special Redevelopment Counsel, or any attor- ney associated with such firm. are hereby authorized and directed to perform or carry out or cause to be performed or carried out, any studies, surveys, tests. soundings, borings, ap~ praisals. 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 environ- mental matters associated with any of the properties and to undertake any action necessary or appropriate to acquire the aforementioned real prop- erties. SECTION 3. The Borough Attorney and/or Special Redevelopment Counsel. or any attor- ney associated with such firm are ~~;e~r th~t~r~~~~1ie~~ on:~~:~a;~ ;rrii~~ and pursuing any condemnation ac- tIon, 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 ~~i~ ~~fPfurt~hs ¡~y SaenJi¿'~ tre of~~7~ ordinance. SECTION 5. All ordinances andlor parts of ordi- nances inconsistent herewith are re- pealed to the extent of any such Inconsistency SECTION 6. This ordinance shall take effect upon publicatIOn as provided by law The foregoing ordinance was Introduced at a meet- ~ne\~~a~~e 1~~u2'836°~/}~een Bifr~~~h a~~~ta:Je~~t Pi~~~ Reading. The said ordinance win be further consid- ered on Second Reading lor final adoptIOn at a meeting of said Council of the Borough of Carteret on March 2, 2006 at approximately 6:30 P_M., Municipal Court/Police Facility, 230 Roosevelt Ave. nue, Carteret. New Jerser. at which time and place r~ g:rh~~;dinterested wi I be given an opportunity EXHIBIT "A" Ti:g~BUL~~flK t~ ¡~~2~T 5.02 5.2 2.01 2.1 KATHLEEN . BANEY, Certified unicip81 Clerk ($110.00) 26680 ç AFFIDAVIT OF PUBLICATION The following is a true copy of an Ordinance or Resolution of the Borough . of Carteret that has appeared in the Home News Tribune, a newspaper which is printed in Freehold, New Jersey and published in Neptune, in said County and State and of general circulation in said county. On" (1) times, once in each issue as follows: March 7. 2006 ~~~ (/ Æ~ Notary Public of New Jersey Kathleen Barney, RlYI Municipal Clerk Sworn and subscribed before me this J'~ day of Ii c~Át d- a;t., _ (f CMIIIIfT .~ 1. .'~Ã Au. TION AND ON- DaMNATI N Of' !<=~-w HIH "'W,¡ ~H"OIl WAT.,.- FRONT .DevELOp· MMT AND - .~Æ F~ 1e, 2001 ::=..d .. ~ ~~ -- March~.2006 . ~lIiEL ~ REI- MAN Actvertl.... .. n....Hy -, ~006 IV ' M M.IIAIIIH. AL CLIIIK ~II) ..... o - ()h -Jy- BOROUGH OF CARTERET ORDINANCE# 06·14 AN ORDINANCE TO AU- THORIZE THE ACQUISI- TION AND/OR CON- DEMNATION OF CERTAIN REAL PROP- ERTY WITHIN THE CHROME WATER- FRONT REDEVELOP- MENT AREA APPROVED AND ADOPTED: March 2, 2006 INTRODUCED: February 16, 2006 Advertised .a adopted on first reading with no- tice of Public Aearing: February 21, 2006 ~~~~i~~,H~J~~ ~'?"8~edDr~¡EL J. REI- MAN Advertised .a finally adopted: March 7, 2006 KATHLEEN M. BARNEY, MUNICIPAL CLERK ($14.96) 44636 "