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Home My Public Portal AboutOrd. 07-04 <IDrulnalu:e No. 107-04 of t4e ~oroug4 of QIarteret, ~. W. Councilman Presents the following Ordinance Seconded by Councilman AN ORDINANCE PROVIDING FOR THE ACQUISITION' OF CERTAIN REAL PROPERTY WHEREAS, the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq. 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 real property that is necessary to carry out and effectuate a redevelopment plan either by direct negotiation or by condemnation pursuant to the Eminent Domain Act of 1971, N.J.S.A. 20:3-1 et seq. (the "Eminent Domain Act"). WHEREAS, on February 17,2005, the Borough of Carteret adopted Ordinance No. 05- 09 through which the Redevelopment Plan for the Roosevelt A venue Light Industrial Redevelopment District ("RALIRD") ("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 law to be for a public purpose or for a public use. WHEREAS, section 40A:12-5(a)(1) of the Local Lands and Buildings Law, NJ.S.A. 40A: 12-1 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 determined that acquisition of certain property within the jurisdiction of the Redevelopment Plan will be necessary to facilitate the redevelopment RALIRD 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 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, bequest, devise 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 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 perform or carry out or cause to be perforn1ed 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 real properties. NO 107-04 PAGE 2 of 2 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 condemnation 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 I 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. COUNCILMAN DO NOT USE SPACE BELOW THIS LINE RECORD OF COUNCIL VOTE YES NO NV A.B. COUNCILMAN X NAPLES X RIOS YES NO NV A.B. X DIAZ KRUM Z X x - Indicate Vore AB . Absenl NV . NOI Voting XOR . Indicates Vote 10 Overrule VelO c Adopted On first reading of the Council of the Borough of Carteret, N .J,. on January 11. 2007 Adopled on second reading after he ng on Januarv 25. 2007 Block 6.02 6.02 EXHIBIT "A" Lot 6 7 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. onp (1) times, once in each issue as follows: January 18. 2007 ~~Qr ~ Notary Public of Nttffio}~~MRA NOTARY PUBLIC OF NEW JERSEY MY COMMISSION EXPIRES MAY 2, 2011 Sworn and subscribed before methislr~ daYO~~1 oL co -) c ~tMTERET OIt.'tII07-G4 AN. NANCE PRO- VIOING FOR THE AC- QUISITION OF CERTAIN REAL PROPE:RTY ~t: This Ordi- nance euthorizet the ac- EltIon of leal pro~rty as LOts 6 & . k 6.02 on the of- ficial tax map of the Bor- ~ of Carteret In fur- th8rence of the Roo.eveIt Avenue Lillht Industrial District Reae- ;r.18r~;l~' () l-D t '- BOROUGH OF CARTEREl ORDINANCE #07-04 AN ORDINANCE PRO- VIDING FOR THE AC- QUISITION OF CERTAIN REAL PROPERTY Statement, This OrcH- nance authorizes the ac- quisition of real prope~ ~~s~g~~e~.8~ ~~tfhe5 of- -Ial tax map of the Bor- ~h of Carteret in fur- , crance 01 the ~~ouss~~l'alf ~~ig~f R~~: (iii'.~'E~n1;~~~<:J' " b / 1" 'oYl b BOROUGH OF CARTERET ORDINANCE # 07-04 AN ORDINANCE PROVIDING FOR THE ACQUISITION OF CERTAIN REAL PROPERTY APPROVED ADOPTED: JANUARY 25, 2007 I"lTRODUCED: IUARY 11, 2007 artised as adopted on , reading with notice (;f Public Hearing: JANUARY 18, 2{)07 ~A~~'1lk~e~'k 2007 ~t{g'i.ed ByDANIEL REIMAN Advertised as finally adooted: JANUARY 31,2007 KATHLEEN M. BARNEY MUNICIPAL CLERK ($13.20) 297789 AND J. '\ i \ J V v'1/ " . J 6 l. Dl-V t-18 _ AFFIDAVIT OF PUBLICATION The follo\'ving is a true copy of an Ordinance or Resolution of the Borough of Carteret that has appeared in the Home N e\'vs Tribune, a newspaper which is printed in Freehold, Ne\'v Jersey and published in Neptune, in said County and State and of general circulation in said county. one (i) times, once in each issue as follows: January 31, 2007 l~~ 0 ~~ N oiary Public of New Jersey LINDA A RIVERA NOTARY PUBLIC OF NEW JERSEY MY COMMISSION EXPIRES MAY 2, 2011 Sworn and subscribed before me this"?j~ day 0(;9 Cv?vL~1 d t.),:) 7 - 111.*" -04 \\/ U /~ 0'\