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ORDINANCE 2013-42 Condemnation for Dune Project

Adopted: December 17, 2013

ORDINANCE NO. 2013-42


ORDINANCE OF THE BOROUGH OF POINT PLEASANT BEACH,
COUNTY OF OCEAN, STATE OF NEW JERSEY,
AUTHORIZING THE ACQUISITION OF CERTAIN INTERESTS IN REAL PROPERTIES BY NEGOTIATION, PURCHASE, CONDEMNATION OR EMINENT DOMAIN, SAID PROPERTIES BEING IDENTIFIED ON THE ANNEXED SCHEDULE AND PARCEL MAPS


WHEREAS, Superstorm Sandy caused significant and widespread damages to public and private property along the oceanfront and has greatly diminished pre-existing flood hazard risk reduction measures, making the Borough of Point Pleasant Beach (“Municipality”) extremely vulnerable to future storms; and

WHEREAS, on October 27, 2012 the Governor issued Executive Order No. 104, wherein he declared a state of emergency because of Superstorm Sandy; and

WHEREAS, on September 25, 2013 the Governor issued Executive Order No. 140, wherein he declared that the construction of flood hazard risk reduction measures along New Jersey’s coastline, including in the Municipality, is necessary to protect the public health, safety, and welfare from future natural disasters, and that reliance on certain statutory authority for the acquisition of property, including but not limited to N.J.S.A. 20:3-1, et seq. and N.J.S.A. App. A:9-51.5, is necessary for such efforts; and

WHEREAS, the State of New Jersey recognizes and supports public acquisition of certain interests in storm-damaged and storm-prone property as a priority hazard mitigation strategy to promote the public health, safety, and welfare; and

WHEREAS, the Mayor and Governing Body of the Municipality have concluded that it is necessary, desirable, and appropriate for the Municipality to undertake project for flood hazard risk reduction measures; and

WHEREAS, there is currently private ownership of certain portions of the lands where said flood hazard risk reduction measures shall be undertaken; and

WHEREAS, by adoption of this Ordinance the Municipality authorizes the taking of perpetual easements in a portion of each identified privately owned property by condemnation/eminent domain so that the Municipality and other entities or agents acting on behalf of the Municipality shall have access onto, over, and through said privately owned real property for the purpose of taking any and all actions necessary for completing said flood hazard risk reduction measures; and

WHEREAS, the Mayor and Governing Body of the Municipality further find that a public use and purpose would be served for the benefit of Municipality and surrounding communities by acquiring certain property interests in the aforesaid property, including, but not limited to, the promotion, protection, and preservation of the public health, safety, and welfare of the Municipality and its inhabitants by the acquisition of certain interests in said real property for storm damage and flood area mitigation through conducting the said flood hazard risk reduction measures, to protect public infrastructure located with the Municipality, to mitigate future storm damage and associated public recovery expenditures, and for the protection, preservation, and conservation of precious natural resources; and

WHEREAS, the Mayor and Governing Body of the Municipality are authorized by the New Jersey State Constitution, N.J.S.A. 40A:12-5(a), N.J.S.A. 20:3-1 et seq., and/or any other provision of applicable law to proceed with acquiring certain property interests by condemnation/eminent domain as long as just compensation is paid for the same;

NOW, THEREFORE, BE IT ORDAINED by the Mayor and Governing Body of The Borough of Point Pleasant Beach in the County of Ocean and State of New Jersey as follows:

1. RECITALS INCORPORATED: The above recitals are incorporated into this section of the Ordinance as if specifically set forth at length herein.

2. SPECIFIC FINDINGS: The Mayor and Governing Body of the Municipality find that the flood hazard risk reduction measures will promote and protect the health, safety, and welfare of residents of the Municipality, and will prevent property damage and loss due to flooding, and further find that any purchase or taking by eminent domain of any and all property interests necessary for the same are all in the furtherance of a public use and purpose.

3. AUTHORIZE CONDEMNATION: The Mayor and Governing Body of the Municipality specially authorize any and all necessary and appropriate actions by Municipality officials including the Mayor, Municipal Clerk, Municipal Attorney, and/or Special Condemnation Attorney, in conjunction with the Office of Flood Hazard Risk Reduction Measures within the New Jersey Department of Environmental Protection and/or any other appropriate State or Federal entity, for the taking and obtaining of certain property interests in the properties as set forth herein through negotiation, purchase, or condemnation/eminent domain, including, but not limited to, the hiring of any experts, engaging the services of land surveyors, title insurance companies, appraisers, and any other professional whose services are necessary or appropriate to implement the purposes of this Ordinance, the making of any offer by the Municipality to the property owner(s) in the full amount of the appraised value of the property interest that the Municipality seeks to acquire in said property, and to negotiate in good faith with the record owner(s) of the property for its voluntary acquisition in accordance with N.J.S.A. 20:3-6, and in the event that the negotiations for the voluntary acquisition of the property interest are unsuccessful for any reason to commence a condemnation action by the filing of a Verified Complaint and Declaration of Taking, depositing the estimated just compensation with the Clerk of the Superior Court, filing a Lis Pendens, and taking any and all other actions of any administrative or other nature necessary to complete the process contemplated by this Ordinance.

4. IDENTIFICATION OF PROPERTY: The properties for which a taking of property interests is authorized by negotiation, purchase, or condemnation/eminent domain pursuant to this Ordinance are located in the Municipality and listed on the Municipality tax map, the legal descriptions of which are attached as Exhibit A to this Ordinance and specifically incorporated into this Ordinance by reference. The property interests to be acquired are irrevocable, perpetual, permanent easements in the properties identified herein.

5. OFFICIALS AUTHORIZED: All appropriate officials of the Municipality, including, but not limited, to the Mayor, Municipal Clerk, Municipal Attorney, Special Condemnation Attorney, and any and all experts or others acting on behalf of the Municipality are authorized by this Ordinance to sign any and all documentation and take any and all action necessary to effectuate the purposes and intention of this Ordinance.

6. PURCHASE OF PROPERTY: If a determination is made by a majority vote of the Governing Body of the Municipality that the purchase of an easement is more appropriate than the obtaining said property interest through condemnation/eminent domain, then all appropriate officials of the Municipality, including, but not limited to, the Mayor, Municipal Clerk, Municipal Attorney, and Special Condemnation Attorney are authorized by this Ordinance to sign any and all documentation to effectuate the purchase of the property interests by the Municipality.

7. REPEALER: All Ordinances or parts of Ordinances inconsistent herewith are hereby repealed to the extent of such inconsistency only.

8. SEVERABILITY: If any section, paragraph, subdivision, subsection, clause, or provision of this Ordinance shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, subdivision, subsection, clause, or provision declared invalid and the remainder of this Ordinance shall remain in full force and effect and shall be enforceable.

9. EFFECTIVE DATE: This Ordinance shall take effect immediately upon final adoption and publication as required by law.



NOTICE
NOTICE IS HEREBY GIVEN that the foregoing Ordinance was introduced and passed on first reading at the regular meeting of the Borough Council of the Borough of Point Pleasant Beach, in the County of Ocean, held on the 12th day of November, 2013 and will be considered for second reading and final passage at the regular meeting of said governing body to be held on the 17th day of December 2013 at 7:30 p.m. in the Council Chambers, Borough Hall, 416 New Jersey Avenue, Point Pleasant Beach, New Jersey


___________________¬___________¬_
Maryann Ellsworth, RMC
Municipal Clerk

EXHIBIT A

Owner Name Block Lot

Pt. Pleasant Beach Surf Club 28.02 2
29.02 1


Elizabeth-Carter Association 13.07 6


Courtney M. Alesso Trust 13.07 5


Elizabeth Carter Association 13.07 1
13.07 2
13.07 3


Jenkinson's Pavilion 212 1.02


Harborhead Condo Assoc. 180 2


Van Kralingen Residence Trust, II 17.02 1.01


John and Josephine Ely 179.03 1


Farina Family 2011 Trust 179.03 1.01


Marie Wenczel Family LP, etal 28.02 1


OCHS, Jeffrey W. Mongello 17.02 7


Charles and Patricia Sarnasi 17.02 2.04


John Jay Boylan and 9 1
Constantine, Belle 10 13


Girgis, IHAB and Lisa G. 179.03 5.04



Robert Grillo 9 2


Bay Head Point Homeowners 179.03 9


Nathan and Cindy A. Kaufman 179.03 5.05


Janet E M Clark Family Trust 17.02 8


Point Beach House, LLC 17.02 4


Stephen and Deborah Korzeniowski 1.02 1.01


Stephen and Deborah Korzeniowski 1.01 2


Gina Addeo 179.03 5.02


Stephanie Gurgo 13.07 4


Beach Condo Association 46.02 2


Sergio and Daniel Dragone 179.03 5.01


Dennis J. Sullivan Jr. Trust 17.02 9


Bradshaw Beach Homeowners Assoc. 17.02 13


Risden's Beach Corp. 46.02 1
46.02 3
83.02 1


Steven Fisher 179.03 5.03
Plaza Construction Corp.


Anita Dietrick 1.01 1


Bay Pointe Dunes Homeowners Assoc. 179.03 5.06
179.03 5.08
179.04 2
179.04 3
179.04 4


Marie S. Doherty 17.02 1.04


Denis and Catherine Laplante 17.02 1.03


Jeanne M. Hamilton 17.02 1.02


Robert Rogers 17.02 2.05


Kenneth Poray 17.02 2.03


Howard Levine and John Mullen 17.02 2.02


The Ippolito Corporation 17.02 2.01
17.02 2.02
17.02 3


Mary and Robert Rinaolo 17.02 5


Mahasagar Properties, LLC 17.02 6


Adam and Natalie and Levy 17.02 11


Lee and Carolyn Angiolette 17.02 12


Jenkinson's South Inc. 83.02 2
83.02 3
210.02 1
210.02 2


Jenkinsons Pavilion 212 1.03
212 2


Palermo Beach Corp. 210.02 3


Cameryn and Dalton, LLC 212 1.01


Craig B and Cheryl E. Brod 179.03 5.07


Andrew S. Labowsky, Jr. 179.03 5.09


No Records Exist 179.03 5


Borough of Point Pleasant Beach 9 3.01
10 11


Phillip E. and Denise H. Jakeway 8 4


William Kane, et al. 8 3


Children's Trust, et al. 8 1


Stephen G. Grillo 10 12


Lot near Lake Louise 136 1.03


Published December05, 2013 | New Ordinances | 1727


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