ORDINANCE 2021 – 12

AN ORDINANCE OF THE BOROUGH OF POINT PLEASANT BEACH, COUNTY OF

OCEAN, STATE OF NEW JERSEY, AUTHORIZING THE ACQUISITION OF LOTS 1,
2, 3 AND 4 IN BLOCK 86, AND LOTS 11, 12 AND 13 IN BLOCK 86.01 TOGETHER
WITH ANY INTERESTS IN ADJACENT ROADWAYS NOT ALREADY OWNED BY A
PUBLIC ENTITY

WHEREAS, pursuant to N.J.S.A. 40A:12-5(a)(1), the governing body of a municipality

may provide for the acquisition of any real property, capital improvement, or personal property
by purchase, gift, devise, lease, exchange, condemnation or installment purchase contract; and

WHEREAS, pursuant to N.J.S.A. 40:61-1(a), the governing body of a municipality may

acquire, lay out, improve, embellish and maintain within and without the municipality, such
public parks, squares, open spaces, playgrounds, beaches, water fronts and places for public
resort and recreation, and also streets, avenues, boulevards, parkways and parking lots leading to
and connecting the same, as it may deem advisable, and extend and enlarge the same or any of
them; and for such purposes, acquire, in fee or less estate, and by gift, devise, purchase or
condemnation, any real estate, improved or unimproved, or interest therein, within or without the
municipality, suitable therefor; and

WHEREAS, the Borough of Point Pleasant Beach desires to acquire the property
identified on the Tax Maps of the Borough as Block 86, Lots 1, 2, 3 and 4 together with Block
86.01 Lots 11, 12, and 13, together with any interests in adjacent roadways not already owned by
a public entity (the "Property") for the purpose of planning, developing and maintaining the
property as open space and for the development and maintenance of facilities for the
accommodation of and flow of vehicles in the Borough; and

WHEREAS, pursuant to N.J.S.A. 40A:12-5(a)(1), N.J.S.A. 40:61-1(a) and the Eminent

Domain Act of 1971 N.J.S.A. 20:3-1 et seq. (the "Eminent Domain Act") the Township is
authorized to acquire the Property for a public purpose; and

WHEREAS, the acquisition of the Property for use as purpose of planning, developing
and maintaining the property as open space and for the development and maintenance of
facilities for the accommodation of and flow of vehicles in the Borough constitutes a public
purpose; and

WHEREAS, the Borough initially contacted the property owner in the fall of 2020; and

WHEREAS the property owner was asked to meet with the Borough's appraiser in the
Fall of 2020 and again in December of 2020, and most recently in the beginning of 2021; and

WHEREAS the property owner has asked the Borough's appraiser to wait until April of
2021 to meet, to which the Borough's appraiser has agreed; and
 WHEREAS the Borough has and will continue to engage in bona fide negotiations with
the property owner.

NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Borough

of Point Pleasant Beach, in the County of Ocean and State of New Jersey, as follows:

Section 1. The aforementioned recitals are incorporated herein as though fully set forth
at length.

Section 2. The Township is hereby authorized to acquire the Property.

Section 3. The acquisition of the Property may be achieved by any of the following
methods: (i) consummation of a purchase and sale contract by negotiations with the property
owner, (ii) by a gift, grant, or contribution by the property owner, or (iii) by condemnation of the
Property pursuant to N.J.S.A. 40A:12-5(a)(1) and/or N.J.S.A. 40:61-1(a) and the Eminent
Domain Act.

Section 4. The Administrator, Clerk, Attorney, Chief Financial Officer, Appraiser

and/or Special Counsel (collectively, the "Authorized Persons") are hereby authorized and
directed to take, or cause to be taken, any and all actions necessary to initiate and complete the
acquisition of the Property, including but not limited to obtaining any studies, surveys, tests,
soundings, borings, appraisals, title searches and title reports, as reasonably necessary to
determine the value, boundary, ownership, interests or environmental condition of the Property.

Section 5. Any and all actions previously taken by the Authorized Persons in connection
with the acquisition of the Property are hereby ratified and confirmed.

Section 6. All ordinances, or parts thereof, which are inconsistent with the provisions of
this Ordinance, are hereby repealed to the extent of their inconsistencies.

Section 7. This Ordinance shall take effect immediately upon adoption and publication
in the manner required by law.

Approved this ______________ day of __________________, 2020:

______________________________
Borough of Point Pleasant Beach
Paul Kanitra, Mayor
 NOTICE

TAKE NOTICE that the foregoing ordinance was introduced and passed on first reading
at a regular meeting of the Mayor and Council of the Borough of Point Pleasant Beach held on
March 16, 2021 and will be further considered upon second reading for final passage at a regular
meeting of the said Mayor and Council to be held on Tuesday, the 20th of April 2021, by zoom
Meeting ID: / Password: https:// , at 7:30 p.m., or as
soon thereafter as the matter may be reached, at which time and place any person desiring to be
heard thereon will be given such opportunity.

_____________________
EILEEN FARRELL, RMC
Municipal Clerk