[Ord. No. 1996-23]
The Borough of Belmar, a municipal corporation of the State
of New Jersey, is desirous of establishing procedures for the disposal
of real property and/or personal property.
As provided by N.J.S.A. 40A: 12-13(b)(5) a municipality may
offer to sell at private sale (Schedule "A") to the owner of the real
property contiguous to the real property being sold; provided that
the property being sold is less than the minimum size required for
development under the municipal zoning ordinances and is without any
capital improvement thereon; except that when there is more than one
owner with real property contiguous thereto, said property shall be
sold to the highest bidder from among all such owners. Any such sale
shall be for not less than the fair market value of said real property.
[Ord. No. 1996-23]
The Borough Clerk is hereby authorized to follow the procedures
as established by the Borough Council and N.J.S.A. 40A:12-13(b)(5)
for the disposal of real property and personal property not needed
for public use.
The sale of each parcel of real property or personal property
shall be subject to the following terms and conditions:
a.
Subject to all the terms, covenants and conditions set forth by resolution
of the Borough Council.
b.
The Borough reserves the right, upon completion of bidding, to reject
all bids received.
c.
The minimum bid which shall be accepted by the Borough of Belmar
for each parcel of property shall be as set forth by resolution setting
forth the term and conditions of the sale including a minimum deposit
which must be submitted to the Borough Clerk at time of receipt of
bids by cash, bank check or certified check.
d.
The Borough shall convey to the successful bidder a deed and possession
of the property. Conveyance shall be made at the office of the Borough
Clerk, at such time and place as shall be determined and title shall
be conveyed by bargain and sale deed (covenants against grantor's
acts). Such deed shall contain a provision permitting the reversion
of such property to the Borough of Belmar in the event the successful
bidder should fail to comply with any of the special restrictions
as set forth within this Article or by resolution.
e.
The successful bidder shall be responsible for all cost incurred
in the preparation of all closing documents and all costs incurred
in the recording of the deed.
f.
The Borough Council reserves the right to adjourn the date for the
receipt of bids for a period not in excess of one week, without advertisement.
g.
The real property or personal property shall be sold "as is." The
Borough does not make any claims or promises about the condition or
value of any property.
h.
The Borough agrees to transfer and the bidder shall accept ownership
of the property free of all claims and rights of others, except for:
1.
The rights if any of utility companies to maintain pipes, poles,
cables and wires over, on and under the street, the part of the property
next to the street or running to any house or other improvement on
the property which street may abut said property.
2.
Existing rents, municipal water charges, sewer charges, taxes, interest
on any mortgage to be assumed and insurance premiums.
3.
Recorded instruments or agreements which limit the use of the property,
unless the same: (1) are presently violated; (2) provide that the
property would be forfeited if provisions and/or conditions set forth
therein were violated; or (3) unreasonably limit the regular and normal
use of the property.
i.
The Borough shall file with the Director of the Division of Local
Government Services in the Department of Community Affairs, sworn
affidavits verifying the publication of advertisements.
j.
The Mayor and Borough Clerk are authorized to execute all documents
necessary to implement the terms of this Article.
