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Home My Public Portal AboutOrd. 06-39 No._Üfi=39__ __ II I I II I ,] II II I' II ,I I· II II I II I I' II II I I, Ii I , ~- QÐrbtwmce o£ tI¡e ~lÌrnu£~ n£ ([adent) tr· w. ESTABLISHING A PORTION OF BLOCK 113, LOT 57 AS PART OF THE PETER J. SICA MEMORIAL HIGHWAY IN THE BOROUGH OF CARTERET Section 1. BE IT ORDAINED, by the Mayor and Council of the Borough ofCarteret, as follows: That, pursuant to NJ.S.A 40:67-I(b), the portion of Block 113, Lot 57, as identified on the official tax map of and situated in the Borough of Carteret, County of Middlesex, and State of New Jersey, depicted as a shaded area on a drawing prepared by Menlo Engineering Associates, Inc., entitled Port 12, Conrail Crossing Temporary Crossing, dated March 14, 2005, a copy of which is on file and available for inspection at the Borough Clerk's Office, located at 61 Cooke Avenue, Carteret, NJ 07008, and which shall upon adoption of this ordinance be attached hereto as Schedule A, be and is hereby established as a part of the Peter 1. Sica Memorial Highway, subject, however, to the reservations hereinafter set forth. To the extent permitted by law, and/or as may be provided for by any written agreement(s) between the Borough of Carteret, for itself, its successors and assigns (hereinafter the "Borough"), and Titan PDC Carteret Urban Renewal, LLC, for itseJf, its successors and assigns (hereinafter "Titan"), Titan, the prospective owner and redeveloper of the adjacent real property for whose direct benefit the within action is being undertaken, shall be responsible for the maÏtltenance, repair and/or replacement of any part of the Peter J. Sica Memorial Highway established hereby, and/or any utilities constructed thereon or thereunder servicing its redevelopment project, and shall indemnify the Borough with regard to the use, operation, maintenance, repair and/or replacement of the same. All ordinances ordinance are inconsistency. or parts thereof inconsistent with the provision of this hereby repealed limited to the extent of any such Section 2. Section 3. Section 4. Section 5. If any section, paragraph, sub-division, clause or provision of this ordinance is adjudged invalid, such adjudication shall apply only to the section, paragraph, sub-division, clause or provision so adjudged and the remainder of this ordinance shall be deemed valid and effective. This ordinance shall take effect upon its passage and publication according I __J to applicable Jaw. --------..----- DO NOT USE SPACE GELOW Till., LINE -....-------.---- ~ COUNCILMAN =tIES NO l\'V A B Ir-~~:·~·TNO =+ XX r it::.KR~--r-x-~ -. II____~~ - II x - JnUlcafe Vale All· Absen\ NV - Not Voting I ----- I AdClr¡ed on first reading of the Council of the R.:ruI~f(r:ere2Ò06on Jun~ 15, 2006___ I Ingof1__..____.__________.___ ì I I I. RECORD OF COUNCIL VOTE COllNCILMAN YES NO NY A.n. ---- N A PI RS X STTARZ ~ XOR - Indic~tcs Vott to Overrule Veto AFFIDAVIT OF PUBLICATION copy 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: I BOIIOUGH OF CMTERET DnIIMnce 106-39 .~""NG A I'OIITION OF BLOCK "1- LOT 7 AI "ART oP' THE PETIIII: J~ SICA Me- HIGHWAY IN THE IIOROUCIH OF . I ORDAINIO. by the Mayor and Council of the ~ of Carteret,.asfotlows: Sectloh 1. That, ~rsuant to NJSA 40:67- l1:)S7 as f:.r::riR.t oaBW: oJ¡¿~ tIIx map of and situated In the Boroulti o carteret, County of Mkldtesex and StatII of New Jer- sey. deDld:ed as a shaded_ area on . i::Il'MVlnc Pr'tIDMed by Menlo En- aI_"" Auócl_, Inc. ,entitled Port 12, Con<Olt ""'""'no Tom"". 11I!Y CtOuin¡, ct.ted ~.rch 14, 2005, . copy of which rs on file and rÆI/ebk! for Inlpectlon .-: the Ø-CIenl:'SOfftcek1cØliCL_- 6Cõoke Avenue, ë.rtè.... NJ o 008, and whiCh shall upon ~on of this ordinance be lit. teched Mreto as Schedule A, be and Is herebv estaÞllshed as . part of the P«er J SICII Memorial HIohwav, .uboct, -,1£ the I'8Šervaflons MntIn8ftw set: ronn. TotM IIXtent permitted I;Jy '-w, and/or as may be ~ for by any wr1tten ~ment{$) betweeñ the Borouch Of Carteret, for rtself, Its successors 8nd .$Siens (he..l_ the '_'), and Tlten PDC Carteret Urban Renew- al, lLC, for Itself, Its successots and assllns (hereinafter "Tltan")j TItIIn, the pros)llpCttYe own« ana ~pe¿ ~:~cent~ = within action Is being under- bken, shatl, be respomilble for the maintenance, repair andlor ,. ~nt of any P8:rt of the P8tW J, SIcIM,morlal Hi8hwBv e8taÞ. ßähecI hereÞv, ancl/Qf alJY' utilities constructed thereon or ~nd,r servlclnt; Its redevelopment· ~l'Oj- ed, and shall Indemnify the Bor· oUllh with reprd to the use, o:!$l'· atIön. malnte..nce, repair andlor reDlCement of the same. An ordl..nces or parts thereof In- consistent wIth the provision of this ordinance are hentbv repealed limited to the extent or any such Inconslotancy. If any sec1:ron, paraaraPh, sub-- dlv'-'on, clause or pryvIsJon of this ordinance .Is ac:IJudøcI invalid, such adjudication shàU apply _only to the section, ..__on, sub- dtvlston, clause or proyIs_lon so ad- kIded and the remainder of this ordr..nce shalt be .deemed velld and etrecuve. Section 5. This ordinance shall take effect upon. ...~. and pUbllClltiOn accordina to ~PJk:Iimefaw. The forMolna: ordI~ was Il'ifroduced at a meet- 1111 of thi Councfl or theBorou.-. of Carteret hetd June U, 2006 when It was ~. on First RNd. lna:. ~ said ordInence will be further considered on SecOnd Readlnø for final aclo~lon at a m-.tlf\ll of said Counçll of the Borough of CartereI: on Julv 5. 2006 at ~m.œy 6:30 P.M., Municlpal Court/Pbllce Facility, 230 Roosevélt -Avenue Carteret, New Jersey at which time and place al1 persons Intereated will be ¡lven an opportunity to be heard. ~~IEN M. BARNEY ('7 .5 runtclpal C1tIrk --- The following Resolution of is a the true Borough Jun" JIg, 100(; ~--ú./ 0. Notary Public of New Jersey DNDA A RIVERA NOTARY PUBLIC OF NEW JERSEY MY COMMISSION EXPIRES MAY 2, 2011 Sworn and subscribed before me thisd cr..;f~ day of O. . ~ .2. OD '- V ~ sectlort 2. Section 3. Section 4. ~-f~ /~ Kathleen Barney, RM~ Municipal Clerk or has 78430 d- ,C Û/.;,-'J 1 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. One (1) times, once in each issue as follows: .JlIly 12, ~OOh _~- ..,1___ a K~ Notary Public ofl~I:)ÄVA.wt'ìW NOTARY PUBLIC OF NEW JERSEY MY COMMISSION EXPIRES MAY 2, 2011 Sworn~nd subscribed before me this!~ day oC:J2..14, ;¿ U b_ , ~:< Kathleen Barney, RMCI Municipal Clerk ' -- (:1 '.t~ ~..' 1"'./ / ,\ lJ;. j) .... OftMIEREI ~~~; THE R J. stCA ME~ MORtAL HIGHWAY IN T BOROUGH OF ET AND 6 006 IN June 1 , Ad A4 - ....... .. -- ...... 01 ~ Hur- .. '....29.= ~ æ.~'flt~R.~ "'~006 .... M. ErAl-Wa Affidavit of Publication Publisher's Fee $141.56 Affidavit Charge State of New Jersey Monmouth/Ocean Counties } SS. Personally appeared Elizabeth Spengler Of the Home News Tribune, a newspaper printed in Freehold, New Jersey and published in NEPTUNE, in said County and State, and of general circulation in said county, who being duly sworn, deposeth and saith that the advertisement of which the annexed is a true copy, has been published in the said newspaper 1 times, once in each issue as follows: R/?Ç/?OOR .IE,¡\M O. JOHNSON NOTAR',' PUBLIC OF NEW JERSEY My GOMMI:;~I0NEElBES..EEB..22,20'I(P 2006 Sworn and subscribed before me, this 29 day of June, 2006 ESTABLISHING A PORTION OF BLOCK 113, LOT 57 AS PART OF THE PETER J. SICA ME- MORIAL HIGHWAY IN THE BOROUGH OF CARTERET BE IT ORDAINED, by the Mayor .anc Council of the Borough of Carteret, as follows: Section 1. That, pursuant to NJSA 40:67~ [;~)5/h:s PJ>er:,¡Rf¡ed'fo~i~koJ¡¿í~¡ tax map of and situated in the Borough of Carteret, County of Middlesex, and State of New Jer- sey, depicted as a shaded area on a drawing prepared by Menlo En- gineering Associates, Inc.,entitled Port 12, Conrail Crossing Tempo- ra~ Crossing, dated March 14, 2005, a copy of whIch IS on fHe and available for inspection at the Borough Clerk's Offic~ located at 61 Cooke Avenue, l;arteret, NJ 07008, and whIch shall upon adoption of this ordinance be at- tached hereto as Schedule A, be and IS hereby established as a part of the Peter J Sica MemorIal Highway, subject, however! to the reservations hereinafter set orth. ~~d;:;; a;X~~~ g:n;~6~~egYfo~a~y any written agreement{s) between the Borough of Carteret, for itself, its successors and assigns (hereinafter the "Borough"), and Titan POC Carteret Urban Renew~ ai, llC, for itself. its successors ~ij~n~St~~n~r¿~~~~~rv~ft~w~~í:a~~~ redeveloper of the a<ijacent real property for whose direct benefit the wIthin action is being: under- taken, shall, be responsible for the maintenance, repaIr and/or re- placement of any part of the Peter J. Sica Memorial Highwav estab- g~~~fru~Î~~blhe~~~o~ranr~r~~~~: servicing its redevelopment :!roj- ect, and shall indemnify the 80(- ough with regard to the use, oper- ation, maintenance, repair and/or ~rl~;J¡~ae~¿ec;t:e ~~eihereof In- consIstent with t~e proVision of thIs ordinance are hereby repealed limited to the extent of any such \nconslsten~ . If_ _any section, paragraph, sub- divIsion, clause or provlsÎon of this ordinance Îs adjudged Invalid, such adjudIcatIon shall apply only to the section, parag:raph, sub- division. clause or orovlslon so ad- Section 2. .ion 3. Section 4. BOROUGH OF CARTERET Ol'dinançe 106-39 {udgéc·'añd-the -remãiniièi- òf thIs ordinance shall be deemed valid and effective. Section 5. This ordinance shall take effect upon its passage and publication according to appl1cabre law. The foregoing ordinance was introduced at a meet- J~~~f It~~ i8~gc~~~~~ ~~~O~j~p~~ C~~eFr~t~~ad_ jog. The said ordinance will be further considered on Second Reading for final adoption at a meeting of said Council of the Borough of Carteret on July 6'1 2006 at approximately 6:30 P.M., Municlpa Court/Police Facility, 230 Roosevelt Avenue, f"'~rteret, New Jersey at which time and place all ;on5 interested will be given an opportunity to be d. .rHLEEN M. BARNEY ~rtjfied Municipal Clerk ($76.56) 78430 Affidavit of Publication Publisher's Fee $14.08 Affidavit Charge $25.00 "C' o -<'-' _0/ _«<- " - "&3"-.. å:~~ .1\ O ~.. .., ¡'.. (> ¡(¡'~ ~' o ClE¡>.'f.'ô Of the Home News Tribune, a newspaper printed in Freehold, New Jersey and published in NEPTUNE, in said County and State, and of general circulation in said county, who being duly sworn, deposeth and saith that the advertisement of which the annexed is a true copy, has been published in the said newspaper I times, once in each issue as follows: State of New Jersey Middlesex County } SS. Personally appeared Elizabeth Spengler 7/1~~~ J o ROTI:iY..MADAMA I~OTAR'¡' PUBLIC or t~[W JcnSCY M MM~ tXI-'IKl:S APRIL 20, 2009 AD. 2006 'v-.-z: .' C--- ribed'l'>efore me, 1his Julv. 2006 JROUGH Of CARTERET ORDINANCE #06-39 ESTABLISHING A POR- IWrN 59F A~l°¡fAKRT116F THE PETER J. SICA ME- MORIAL HIGHWAY IN THE BOROUGH OF CARTERET APPROVED AND ADOPTED: i~~R~ó8g&: June 15, 2006 Actvertbed as adopted on first readln. with notice of Public Hear· Ine: June 29.2006 Hearing_Held: July 6, -2006 Approved By: Mayor Daniel J. Reiman AdVertised as finally adopted: ~f~tEE~O~~ BARNEY MUNICIPAL CLERK ($14.08) 92028