HomeMy Public PortalAboutr 09:092
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No.
2f{ezolution of tqe tNorougq of illarterd, ~t W ~
09-92 Dole of Adoptioo April 8,
RESOLUTION OFTER BOROUGH OF CARTERET AUTHORIZING THE
SETTLEMENT OF THE CONDEl\oINATION ACTION FOR BLOCK 11.01, LOTS
20} 23.01, 23.02, 31.01, 40, 41} 42, 43, 50, 52, 58 AND 60
\VHEREAS, on February 6, 2004, the Borough, acting in the capacity of a
redevelopment entity pursuant to and in accordance with the Redevelopment and
Housing Law, constituting Chapter 79 of the Pamphlet Laws of 1992 ofthe State, and the
acts amendatory thereof and supplemental thereto (the "Redevelopment Law", as
codified in N.J.S.A. 40A:12A-l ~ ~.), and Titan-PDC Carteret Urban Renewal, LLC, a
(the "Redeveloper"), entered into that certain redevelopment agreement, as amended and
supplemented as of August 18, 2006 (the "Redevelopment Agreemenf'); and
\VHEREAS, the Redevelopment Agreement provides that in the event the
Redeveloper is unable to acquire certain properties, the Borough, at the request of the
Redeveloper, would proceed to obtain any such properties though condemnation,
provided that the Redeveloper pay any and all costs associated with the condemnation;
and
\VHEREAS, CD! Industries Inc. ("CD!") was the owner of certain real property
in the Borough known as Block 11.01, Lots 20, 23.01, 23.02, 31.01, 40, 41, 42, 43, 50,
52, 58 and 60 (the "Property"); and
WHEREAS, at the request of the Redeveloper, on or about June 21, 2005, the
Borough filed a condemnation action acquire the Property, captioned Boroueh ofCarteret
v. CDr Industries. Inc.. et. aI.. Docket No: MID-L-4534-05 (the "Condemnation Action");
and
WHEREAS, the Redeveloper and CDI have mutually agreed to the purchase
price of the property, to be paid solely from the Redeveloper; and
\VHEREAS, the Redeveloper has requested that the Borough settle and
compromise all claims in the Condemnation Action and cause said action to be
dismissed.
NOW, THEREFORE, BE IT RESOLVED as follows:
Section 1. The Mayor and the Director of Law (each an "Authorized
Officer") are hereby each severally authorized and directed, upon the satisfaction of all
the legal conditions precedent, to settle and compromise all claims in the Condemnation
Action and cause said action to be dismissed.
Section 2. The Authorized Officers are each hereby further authorized to
perfonn any act, execute or acknowledge and deliver any other document, instrument or
certificate, which the Authorized Officer deems necessary, desirable or convenient in
connection with the Condemnation Action and the Borough Clerk is hereby further
2009
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NO.
authorized and direc(edto~attesfto such execution or acknowreagement and to affix the
seal of the Borough to any such document, instrument or certificate.
Section 3. Upon the execution or acknowledgment and attestation of and if
required, the placing of the seal of the Borough on any document, instrument or
certificate as contemplated by Sections 1 and 2 hereof, the Authorized Officer is hereby
authorized and directed to (i) deliver such fully executed or acknowledged, attested and
sealed document, instrument or certificate to the other party(s) thereto and (ii) perform
such other actions as the Authorized Officer deems necessary, desirable or convenient in
relation to the execution and delivery thereof.
Section 4. All actions of the Authorized Officers taken prior to the date
hereofin connection with the Condemnation Action are hereby ratified and approved.
Section S.
prescribed by law.
This resolution shall take effect at the time and in the manner
Section 6. Upon the adoption hereof, the Borough Clerk shall forward
certified copies oftrus resolution to Matthew C. Karrenberg, Esq., DeCotiis, FitzPatrick,
Cole & Wisler, LLP, SpeCial Redevelopment Counsel to the Borough.
Adopted this 8th day of April, 2009
and certified as a true copy: of the
original on April 9, 2009.
KA'IHLEEN M. BARNEY, MMC
Municipal Clerk
COUNCILMAN
BELLINg
COLON
DIAZ
RECORD OF COUNCIL VOTE
YES NO NV A.B. COUNCILMAN
KRUM
. NAPLES
SITARZ
YES NO NY. A.B.
X
X
x - [ndicale Vote AB + Absent NV. NOI Voting XOR. Indicates VOle to Overrule Veto
Adopted at a meeting of the Municipal Council