AN ORDINANCE AUTHORIZING THE EXERCISE OF EMINENT DOMAIN TO ACQUIRE THE FOLLOWING PARCELS OF PROPERTY IN THE TOWNSHIP OF WEEHAWKEN: BLOCK 62, LOT(S) 1, KNOWN AS 4800 PARK AVENUE AND BLOCK 34.01, LOT(S) 3, KNOWN AS 19 BALDWIN AVENUE ORDINANCE #13 - 2007

BE IT ORDAINED by the Township Council of the Township of Weehawken, County of Hudson and State of New Jersey as follows:

Section 1. It is hereby authorized that the Township of Weehawken exercise of its power of Eminent Domain in order to acquire the real property known as 4800 Park Avenue, identified as Block 62, Lot(s) 1 on the official Tax Map of the Township, for the sum of One Million Four Hundred Thousand Dollars ($1,400,000.00), an amount determined by way of appraisal and ultimately for such sum as is determined by voluntary agreement or determination made pursuant to the Eminent Domain Act [N.J.S.A. 20:3 1, et seq.].

Section 2. It is hereby authorized that the Township of Weehawken exercise of its power of Eminent Domain in order to acquire the real property known as 19 Baldwin Avenue, identified as Block 34.01, Lot(s) 3 on the official Tax Map of the Township, for the sum of Four Hundred Ten Thousand Dollars ($410,000.00), an amount determined by way of appraisal and ultimately for such sum as is determined by voluntary agreement or determination made pursuant to the Eminent Domain Act [N.J.S.A. 20:3 1, et seq.].

Section 3. It is the intent of this ordinance to allow but not require the exercise of eminent domain to acquire the aforesaid properties.

Section 4. The Mayor, Township Attorney, Township Manager, Township Engineer and Township Clerk and such other municipal officials as are appropriate are hereby authorized to execute such documents and undertake such actions as may be necessary or desirable to: acquire the aforesaid properties under such terms and conditions as they may deem to be in the best interests of the Township; and otherwise to carry out the intents and purposes of this ordinance.

Section 5. Inconsistent Ordinances Repealed. All other ordinances or parts of ordinances inconsistent with this ordinance are hereby repealed, to the extent of such inconsistency.

Section 6. Severability. If any portion of this ordinance or the application thereof to any person or circumstance shall for any reason be adjudged by a court of competent jurisdiction to be invalid or unenforceable, that portion shall be deemed severed from, and shall not impair the validity or enforceability of, the balance of this ordinance.

Section 7. Gender and Number. As used in this ordinance, wherever necessary or appropriate, one gender shall be deemed to include and mean either of the other two, and the singular number shall include the plural and vice versa.

Section 8. Paragraph Headings. The paragraph headings appearing in this ordinance are inserted only as a matter of convenience and are neither a part of the substantive provisions, nor in any way define, limit or describe the scope or intent of this ordinance.

Section 9. Effective date. This ordinance shall take effect upon final adoption and publication according to law.

TOWNSHIP OF WEEHAWKEN
HUDSON COUNTY, NJ

Notice is hereby given that the following proposed ordinance has been introduced on first reading at a meeting of the Township Council of the Township of Weehawken held on October 24, 2007 and will be further considered for final passage at a meeting of the Township Council to be held on Friday November 9th 2007 at 7:00 PM or as soon thereafter as the matter can be reached, at which time and place all persons interested will be given the opportunity to be heard concerning this ordinance. A copy of this ordinance in full is posted in the Office of the Township Clerk, of the Township of Weehawken, and copies are available up to the time of said meeting to the general public of the Township of Weehawken requesting same.

11/02/07