TOWNSHIP OF JACKSON ORDINANCE 26-23

ORDINANCE OF THE TOWNSHIP OF JACKSON, COUNTY OF OCEAN, STATE OF NEW JERSEY AUTHORIZING BY PURCHASE OR CONDEMNATION FOR THE ACQUISITION OF PROPERTY KNOWN AND DESIGNATED AS BLOCK 21601, LOTS 84 AND 90 IN THE TOWNSHIP OF JACKSON, NEW JERSEY

WHEREAS, the Township Council of the Township of Jackson, County of Ocean, State of New Jersey (hereinafter referred to as the “Township”) have concluded that it is necessary, desirable and appropriate for the Township to undertake acquisition of property known and designated as Block 21601 Lots 84 and 90, Township of Jackson, County of Ocean, New Jersey; and;

WHEREAS, certain property which the Township believes it must acquire is currently in private ownership; and

WHEREAS, by adoption of this Ordinance the Township authorizes the taking of a fee acquisition of property which is currently privately owned, by either arm's length transaction or, if necessary, by condemnation/eminent domain so that the Township and other entities or agents acting on behalf of the Township shall have access onto, over and through said privately owned real property for the purpose of open space; and

WHEREAS, the Township is 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 Township Council of the Township of Jackson, 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 Township Council finds that the acquisition will promote and protect the health, safety, and welfare of residents of the Township, 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. This Ordinance will permit the Township to exchange the subject properties, along with surrounding properties, to protect and maintain open space within the Township. The Township has entered into a contract for the exchange of land. Such contract includes the exchange of the subject parcels. The purpose of the land exchange is to provide open space for the residents of Jackson Township. The land exchange, with the inclusion of these two subject properties, will permit the township to preserve open space in a desirable location of the Township. The location of the open space which

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