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HomeMy Public PortalAboutr 07:110 ~ezoIutio1t of tire ~orou:B4 of <llcrrteret, ~ ~ W ~ No. 07-110 Date of Adoption March 13. 2007 AUTHORIZING SETTLEMENT AGREEMENT FOR TAX APPEAL WITH KINDER MORGAN LIQUID TERMINALS LLC WHEREAS, Kinder Morgan Liquid Tenninals, LLC, ("KMLT") is the owner of the following tracts or parcels of real property located the Borough of Carteret, County of Middlesex, State of New Jersey, designated on the Official Tax Map of the Borough of Carteret as Block 8, Lot 3; Block 9.1, Lots 1,2,3,4,4.02; Block 9.3, Lots 5.01, 6.02, 7, 8.01,8.02,9, 10, 13.01 14.01, 14.02, 17.01, 17.02, 17.03, 17.04, 17.05, 18.02, 18.03, 19.01,20.01,23.01,23.02,23.03,23.04; Block 9.4, Lots 13, 14; Block 9.6, Lot 7; Block 10, Lots 1.01, 1.02,2,3.01,3.03,4,5,6,7,22,25; Block 11.1, Lots 3, 4, 5, 21, 62; Block 140, Lot 16 (the "KMLT Property"). The KMLT Property consists of approximately 197* acres, situated on Salt Meadow Road, Borough of Carteret, Middlesex County; and WHEREAS, KMLT operates a ternlinal (the "Terminal") at the KMLT Property upon which bulk and liquid products are transported to and from the Terminal by sea, rail, pipeline and truck and liquids are stored at the Terminal in above ground storage tanks; and WHEREAS, the Borough of Carteret ("Borough") filed challenges to the property tax applicable to the KMLT Property for multiple pending tax years of2003, 2004, 2005, and 2006 with the appeals captioned as Carteret Borough v. GATX c/o Kinder Tax Dept, Docket Nos. 2808-2003, 4949-2004, 4687-2005 and 4211-2006 (collectively referred to as the "Reverse Tax Appeal Litigation"); WHEREAS, the Reverse Tax Appeal Litigation concerns the delineation of the KMLT Property and the assets constructed thereon which are assessable as real property, as well as the market value of the KML T Property for tax assessment purposes; and WHEREAS, the Borough and KMLT have reach an agreement with regard to the outstanding issues raised in the above-referenced tax appeal litigation and other related matters and are desirous of finalizing the terms of said agreement and entering into a formal Settlement Agreement with regard to the same. NOW, THEREFORE BE IT RESOLVED by the Mayor and the Council of the Borough of Carteret as follows: I. That the Mayor is are hereby authorized to negotiate the final terms of, and execute and enter into on behalf of the Borough, a formal Settlement Agreement with KMLT in settlement of the outstanding issues raised in the above-referenced tax appeal litigation which has been initiated by the Borough, and other related matters, all in a form acceptable to the Borough Attorney. ..... NO. 07-110 PAGE 2 2. That the appropriate Borough Officials and professional consultants are hereby authorized and directed to take any and all action(s) necessary to implement the ten11S of said Settlement Agreement entered into between the Borough and KMLT. Adopted this 13th day of March, 2007 and certified as a true copy of the original on March 14, 2007. KA THLEEN M. BARNEY, RMCICMC Municipal Clerk RECORD OF COUNCIL VOTE COUNCILMAN I YES NO NV A.B. COUNCILMAN YES NO NV A.B. BEU.INO X DIAZ X X KRUM X x - Indica,e Vo,e AB - Absen' NV - No, Vo,ing XOR - Indlca,es Vote to Overrule Veto Adopted at a meeting of the Municipal Council ~ .March 13, 2007 ru~~~ ? ) CLER ~ (.