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MID-L-002925-24 05/16/2024 3:15:18 PM Pglof20 Trans ID: LCV20241249124
MCMANIMON SCOTLAND & BAUMANN, LLC
Kevin P. McManimon - ID No. 023351996
Jessica CM Almeida - ID No. 058132013
75 Livingston Avenue
Roseland, New Jersey 07068
(973) 622-1800
Attorneys for Plaintiff Borough of Carteret
: SUPERIOR COURT OF NEW JERSEY
BOROUGH OF CARTERET, | MIDDLESEX COUNTY - LAW DIVISION
Plaintiff(s), | Docker NO. MID-L-
vs.
CIVIL ACTION
ASIM HUSSAIN SYED, ZAMIR HUSSAIN :
SYED, AMJID HUSSAIN SYED, and: VERIFIED COMPLAINT
ICC MORTGAGE SERVICES,
Defendant(s) .
Plaintiff, Borough of Carteret (the “Plaintiff”), having its
offices at 61 Cooke Avenue, Carteret, New Jersey 07008, says:
1 Plaintiff is a municipal corporation, incorporated as a
body politic in Middlesex County, existing under and by virtue of
the laws of the State of New Jersey. Plaintiff is responsible for
implementing redevelopment plans and carrying out redevelopment
projects in the Borough.
2 Plaintiff is authorized by N.J.S.A. 40A:12-5(a) (1) to
acquire any real property, capital improvement or personal
property by purchase, gift, devise lease, exchange, installment
purchase agreement, or condemnation in the manner provided by the
Eminent Domain Act, N.J.S.A. 20:3-1 et seq.
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3 Plaintiff has determined to acquire for public use a
certain permanent traffic signal easement and a fee simple interest
in a portion of the land and premises designated on the Official
Tax Maps of the Borough as Block 7310, Lot 10 (the “Property” )
pursuant to N.J.S.A. 20:3-1 et seq. and N.J.S.A. 40A:12-5(a)
(1).
In particular, the Borough intends to acquire a permanent traffic
signal easement over a portion of the Property, consisting of 113
square feet and a fee simple interest in a portion of thé Property,
consisting of 77 square feet for the installation of sidewalks
(together, the “Acquisition Areas”).
4 The interests in the land and premises sought to be
condemmed are more particularly described in an exhibit attached
hereto and made a part hereof, and marked ‘Exhibit A,” wherein
reference is made to the map marked “Exhibit B,” a copy of which
is also attached hereto and made a part hereof, and upon which map
the said land and premises are designated.
5 Plaintiff has been unable to acquire said interest in
the land and premises through bona fide negotiations with the
property owner.
6 The amount of compensation offered by Plaintiff to the
property owner is $1,500 for the fee simple interest in a portion
of the Property and $600 for the permanent traffic signal easement,
for a total of $2,100, which amounts assume the property is free
of contamination or has been remediated. This amount was calculated
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in the manner set forth in “Exhibit C,” attached hereto and made
a part hereof.
7
Plaintiff hereby reserves any and all rights it has or
may have to recover in a separate action or by any administrative
means, against defendant property owner and/or third parties, for
release of the funds retained in the Superior Court Trust Fund and
for reimbursement of all costs of remediation and/or cleanup of
contamination and/or removal of solid waste and/or sanitary
landfill closure that have been or may be incurred in the future
by reason of conditions which were in existence as of or prior to
the date of vesting of title and possession pursuant to N.J.S.A.
20:3-19. Plaintiff further reserves the right to seek, at its
sole discretion, any and all available legal, administrative and
equitable remedies to compel defendants to remediate and/or clean
up the property in accordance with applicable state and federal
statutory and regulatory provisions or to remove solid waste or
carry out closure of a sanitary landfill if located on the subject
property. Pursuant to N.J.S.A. 58:10-23.11g.d(4), Plaintiff is not
liable for the cleanup and removal costs of any discharge which
occurred or began prior to Plaintiff’s ownership. Plaintiff does
not accept any liability for pre-existing contamination and/or
solid waste, whether known or subsequently discovered.
8 Plaintiff has valued the property as if remediated in
accordance with applicable regulatory requirements and subject to
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the imposition of any conditions as to use except as noted in the
appraisal and subject to Paragraph 7 above. Notwithstanding the
results of any inspection, Plaintiff does not accept liability for
any pre-existing contamination or solid waste, known or unknown,
except for the project costs of on-site remediation at known
levels. Plaintiff reserves the right to amend the complaint if
additional or higher levels of contamination or solid waste are
discovered within the subject property and to move for appropriate
relief under law and equity, including but not limited to, seeking
an order that the Clerk of the Superior Court shall not release
any funds remaining on deposit until the additional or higher
levels of contamination are remediated and/or cleaned up by the
owner of record and until any solid waste is properly removed or
closure is performed by the owner of record in accordance with
applicable state and federal standards and to move for any other
relief, including administrative relief, which may be necessary to
protect Plaintiff's rights and interests.
9 The owners of record of the said land and premises are
Defendants ASIM HUSSAIN SYED, ZAMIR HUSSAIN SYED, AMJID HUSSAIN
SYED, Address: 1214 East 37th Street, Brooklyn, New York 11210.
10. Other persons appearing of record to have any interest
in the property are as follows:
A ICC MORTGAGE SERVICES whose address is: 1600 STEWART
AVENUE, WESTBURY, NEW YORK 11590, by reason of a certain
4
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Mortgage recorded October 21, 2015, with the Middlesex County
Clerk’s Office in Mortgage Book 16150, Page 343, Instrument
Number 201510210399.
11. Plaintiff has an interest in the subject property by
reason of certain taxes, assessments, and sewer charges, duly
levied and assessed.
12. No other person or corporation appears of record to have
an interest in the said land and premises, and no other person or
corporation has or may claim to have an interest therein is known
to Plaintiff.
WHEREFORE, Plaintiff demands judgment against the Defendants
that it is duly vested with and has duly exercised its authority
to acquire the property being condemned and for an Order Appointing
Commissioners to fix the compensation required to be paid in
accordance with N.J.S.A. 20:3-12, and preserving the reservations
in Paragraphs 7 and 8 of this complaint.
McMANIMON, SCOTLAND & BAUMANN, LLC
Attorneys for Plaintiff
By:/s/ Kevin P. McManimon
Kevin P. McManimon
DATED: May 16 2024
a
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DESIGNATION OF TRIAL COUNSEL
Pursuant to Rule 4:5-1(c), Kevin P. McManimon is designated
as trial counsel for plaintiff in this matter.
McMANIMON, SCOTLAND & BAUMANN, LLC
Attorneys for Plaintiff
By:/s/ Kevin P. McManimon
Kevin P. McManimon
DATED: May 16—, 2024
RULE 4:5-1 CERTIFICATION
I certify in accordance with Rule 4:5-1 that there are no
other proceedings either pending or contemplated with respect to
the matter in controversy in this action except for reservations
described in paragraphs 7 and 8 of the within complaint. I further
certify that no other parties should be joined in this action
except those persons or entities which may appear in a title search
updated to the filing and recording of the lis pendens.
I certify that the foregoing statements made by me are true.
I am aware that if any of the foregoing statements made by me are
willfully false, I am subject to punishment.
McMANIMON, SCOTLAND & BAUMANN, LLC
Attorneys for Plaintiff
By:/s/ Kevin P. McManimon
Kevin P. McManimon
DATED: May 16, 2024
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CERTIFICATION
Robert J. Bergen, of full age, hereby certifies:
1. I am the Department of Law, Borough of Carteret.
2 I have read the foregoing Complaint and am familiar with
the contents thereof.
3 The matters and statements set forth in said Complaint
are true to my personal knowledge based upon my review of the
official file of the Borough of Carteret.
4. I certify in accordance with Rule 4:5-~-1 that there are
no other proceedings either pending or contemplated with respect
to the matter in controversy in this action except for reservations
described in Paragraphs 7 and 8 of the within Complaint. I further
certify that no other parties should be joined in this action
except those persons or entities which may appear in a title search
updated to the filing and recording of the lis pendens.
Borough of Carteret
By:
Robert g. /Bergen,
Executive Director
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EXHIBIT A
4861-1680-4789, v. 1
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. JOHNH. ALLGAIR, PE, PP, LS (1083-2001
J. SAMUEL, PE, PR, CME.
JOHN J, STEFANE PE, 15, PP, CME.
aay
MICHAELJ. MeCLELLAND, OME
SREGORY R.VALEDL PE ER GME
CMC TMOTHY W.GLLEN, FE PF CHE]
BRUCEM. |
Dulas. PLOSKONKA PE CME
TREVOR,d, TAYLOR, PE, PRLOME,
‘BEHRAM TURAN, PE, LSRP
March 3, 2022
File No. P-CT-00134-01
Lot 10, Block 7310
of Carteret
NF Asim, Zamir & Amjid Hussain Syed
LEGAL DESCRIPTION
Parcel No. 11 and Traffic Signal Easement-TSE-11
Through a portion of Lot 10, Block 7310
Borough of Carteret
Middlesex County, New Jersey
Parcel
No. 11
Being an irregular strip of land upon, through and across premises known and designated
as Lot 10 in Block 7310 on the current jh of Carteret Tax Map and the General Property
Parcel Map entitled “COUNTY OF MIDDLESEX, DEPARTMENT OF TRANSPORTATION
OFFICE OF ENGINEERING, 75 BAYARD STREET, NEW BRUNSWICK, NJ. 08901, DESIGN
AND MODIFICATION OF TRAFFIC CONTROL SIGNALS FOR THE DEVELOPMENT OF A
COMMUTER FERRY TERMINAL, BOROUGH OF CARTERET, MIDDLESEX COUNTY, NEW
JERSEY — GENERAL PROPERTY PARCEL MAP - SHOWING EXISTING RIGHTS-OF-WAY
AND PARCELS TO BE ACQUIRED, Sheet 2 of 5, dated March 2022, being more particularly
described as follows:
Beginning at a point, said point being the northwesterly Right-of-Way line of
Roosevelt Avenue (Route 604), 50-foot Wide Right-of-Way, with the common line
between Lots 10 and 9, Block 7310, Borough of Carteret. Said beginning point located
25.74 feet left of Roosevelt Avenue Baseline Station 2+13.16 and having New Jersey State
Plane Coordinates (NAD 1983) of N. 633,607.9111 feet, E. 569,218.2654 feet, and from said
beginning point running:
1) Along the common line of Lots 10 and $ in Block 7310, North 55° 02' 03”
West, a distance of 1.54 feet to a point, thence
2) Through Lot 10 in Block 7310, North 47° 46' 57” East, a distance of 54.46
feet to a point on the northwesterly Right-of-Way line of Roosevelt Avenue,
thence
Along the northwesterly Right-of-Way line of Roosevelt Avenue the following two
(2) courses:
3) Along a curve to the right, having a radius of 25.00 feet, an arc distance of
8.70 feet, a delta angle of 19° 56’ 64”, a chord bearing of South 37° 48' 30”
West and a chord distance of 8.66 feet to a point of tangency, thence
4) South 47° 46’ 57” West, a distance of 45.59 feet to the point and place of
beginning.
Said description of the proposed “Parcel -11” through Lot 10 in Block 7310
containing 77 Square Feet, 0.002 Acres, more or less.
TSE-11-Traffic
Sianal Easement
Being an irregular strip of land upon, through and across premises known and designated
as Lot 10 in Block 7310 on the current Borough of Carteret Tax Map and the General
Parcel Mi entitled “COUNTY OF MIDDLESEX, DEPARTMENT OF TRANSPORTATION
OFFICE OF ENGINEERING, 75 BAYARD STREET, NEW BRUNSWICK, N.J. 08901, DESIGN
AND MODIFICATION OF TRAFFIC CONTROL SIGNALS FOR THE DEVELOPMENT OF A
COMMUTER FERRY TERMINAL, BOROUGH OF CARTERET, MIDDLESEX COUNTY, NEW
\ CONSULTING AND MUNICIPALEX
_ 3141 BORDENTOWN AVENUE » PARLIN, NEW JERSEY 006501162 (732) 727-9000
MID-L-002925-24 05/16/2024 3:15:18 PM Pg 10 of 20 Trans ID: LCV20241249124
JOHN H.ALLGAIR,
PE, PP, LS (18632001)
DAVID J. SAMUEL, PROM
JOHN STEFAN PE Uf, PE CME
P.CME
woulx iSMecLELLA, PE Be
'VALES!,PE, PP, CME
CMC ‘TWOTHYW, GILLEN, PE, PP, CME:
‘BRUCEM. KOCH, PR CME
LOUISJ. PLOSKONKA,
‘TREVOR.J. TAYLOR, PE, PP, CME
‘BEHRAM TURAN, PE, LSRP’
March3, 2022
File No. P-CT-00134-01
Lot 10, Block 7310
Borough of Carteret
NF Asim, Zamir& Amjid Hussain Syed
JERSEY ~ GENERAL PROPERTY PARCEL MAP - PARCEL 11 & TSE-11, Sheet 2 of 5, dated
March 2022, being more particularly described as follows:
Commencing at @ point on the proposed northwesterly Right-of-Way Line of
Roosevelt Avenue (Route 604), 50-Foot Wide Right-of-Way, said point being distant the
following two (2) courses from the intersection of the northwesterly Right-of-Way line of
Roosevelt Avenue with the common corner of Lots 10 and 9 in Block 7310, Along the
common line of Lots 10 and 9 in Block 7310, North 55° 02’ 03” West, a distance of 1.54,
thence, along the proposed northwesterly Right-of-Way line of Roosevelt Avenue, North
47° 46’ 57” East, a distance of 54.46 feet to the point and place of beginning, said point
being located 27.05 feet left of Roosevelt Avenue Baseline Station 2+67.29 and having
New Jersey State Plane Coordinates (NAD 1983) of N. 633,645.3874 feet, E. 569,257.3383
feet, and from said beginning point running:
Through Lot 10 in Block 7310 the following two (2) courses:
1) South 47° 46’ 57” West, a distance of 6.17 feet to a point and location of a
monument to be set, thence
2) North 07° 25’ 06” East, a distance of 29.16 feet to a point on the southwesterly
line of Pulaski Avenue (60-Foot Wide Right-of-Way), thence
3) Along the southwesterly Right-of-Way line of Pulaski Avenue, along a curve to
the right, having a radius of 25.00 feet, an arc length of 25.93 feet, a delta angle
of 59° 25' §1”, a chord bearing of South 01° 52’ 63” East and a chord distance
of 24.79 feet to the point and place of beginning.
Said description of the proposed “TSE-11” through Lot 10 in Block 7310 containing
113 Square Feet, 0.003 Acres, more or less.
‘The aforementioned “Traffic Signal Easement - TSE-11" intendedto encompass existing
and proposed traffic signal improvements therein along with the rights to install,
maintain, renew and repair existing/future traffic signal improvements, including
striping, signage and other equipment associated with same, as the County of Middlesex
may deem necessary for public safety, along with the public’s rightto cross said
easement by vehicle or on foot.
Said description of the proposed “Parcel-11 and Traffic Signal Easement-TSE-11", having
been drawn in accordance with a certain map entitled “COUNTY OF MIDDLESEX,
DEPARTMENT OF TRANSPORTATION OFFICE OF ENGINEERING, 75 BAYARD STREET,
NEW BRUNSWICK, N.J. 08901, DESIGN AND MODIFICATION OF TRAFFIC CONTROL
SIGNALS FOR THE DEVELOPMENT OF A COMMUTER FERRY TERMINAL, BOROUGH OF
CARTERET, MIDDLESEX COUNTY, NEW JERSEY — INDIVIDUAL PROPERTY PARCEL MAP
-PARCEL-11 and TSE-11, Sheet
1 of 1, dated March 2022,
\ ILTING AND MUNICIPALEN
S841 BORDENTOWN AVENUE » PARLIN NEW sERBEY OBB55"162» (732 727-9000 —
MID-L-002925-24 05/16/2024 3:15:18 PM Pg11of20 Trans ID: LCV20241249124
JOHNH. ALLGAIR; PE, PP, LS (1053-2001)
JOHN J, STEFANI PE, LS, PE. CME
‘MICHAELJ. MeCLELLAND,PE, PP, CME
‘GREGORYR. VALES), PE, PP, CME
‘TIMOTHY W. GILLEN, PE,PP,
M.KOGH, epee
LOUIS. PLOBKONKA,
ASSOCIATES repo Sue
To
March3, 2022
File No. P-CT-00134-01
Lot 10, Block 7310
Borough of Carteret
NF Asim, Zamir & Amjid Hussain Syed
Said described lands being known as a portion of Lot 10, Block 7310, as shown on the official
Tax Map of the Borough of Carteret.
Robert K. Sanchez
Professional Land Surveyor
New Jersey License No. 43294
ParcelNo. 11—TSE-11
Lot 10, Block 7310
P-CT-00134.01
Borough of Carteret,
Ni (CONSULTING AND MUNI
S141 BORDENTOWN AVENUE © PARLIN, HOW JERSEY
O50 62» 782) 727-8000 DY
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EXHIBIT B
10
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Land Description and Analysis 18
Plat Map
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Parcel Maps 27
Parcel Maps
Dood Book G52 Page &
2310
Lrarcans
11 & rae=t |
TAX MAP BLOCK No.: PARCEL ACQUISITION SUMMARY
TAX MAP LOT No: i ‘TOTAL DEEDAREA, 14 SF. (6.104 Acre)
AREAOF PARCEL TESF. 01g Acro)
eoeeval oF omy AREA REMAMEIG LSS QU? Aces
N/F ASIM HUSSAIN SYED.
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MID-L-002925-24 05/16/2024 3:15:18 PM Pglof20 Trans ID: LCV20241249124 MCMANIMON SCOTLAND & BAUMANN, LLC Kevin P. McManimon - ID No. 023351996 Jessica CM Almeida - ID No. 058132013 75 Livingston Avenue Roseland, New Jersey 07068 (973) 622-1800 Attorneys for Plaintiff Borough of Carteret : SUPERIOR COURT OF NEW JERSEY BOROUGH OF CARTERET, | MIDDLESEX COUNTY - LAW DIVISION Plaintiff(s), | Docker NO. MID-L- vs. CIVIL ACTION ASIM HUSSAIN SYED, ZAMIR HUSSAIN : SYED, AMJID HUSSAIN SYED, and: VERIFIED COMPLAINT ICC MORTGAGE SERVICES, Defendant(s) . Plaintiff, Borough of Carteret (the “Plaintiff”), having its offices at 61 Cooke Avenue, Carteret, New Jersey 07008, says: 1 Plaintiff is a municipal corporation, incorporated as a body politic in Middlesex County, existing under and by virtue of the laws of the State of New Jersey. Plaintiff is responsible for implementing redevelopment plans and carrying out redevelopment projects in the Borough. 2 Plaintiff is authorized by N.J.S.A. 40A:12-5(a) (1) to acquire any real property, capital improvement or personal property by purchase, gift, devise lease, exchange, installment purchase agreement, or condemnation in the manner provided by the Eminent Domain Act, N.J.S.A. 20:3-1 et seq. MID-L-002925-24 05/16/2024 3:15:18 PM Pg2of20 Trans ID: LCV20241249124 3 Plaintiff has determined to acquire for public use a certain permanent traffic signal easement and a fee simple interest in a portion of the land and premises designated on the Official Tax Maps of the Borough as Block 7310, Lot 10 (the “Property” ) pursuant to N.J.S.A. 20:3-1 et seq. and N.J.S.A. 40A:12-5(a) (1). In particular, the Borough intends to acquire a permanent traffic signal easement over a portion of the Property, consisting of 113 square feet and a fee simple interest in a portion of thé Property, consisting of 77 square feet for the installation of sidewalks (together, the “Acquisition Areas”). 4 The interests in the land and premises sought to be condemmed are more particularly described in an exhibit attached hereto and made a part hereof, and marked ‘Exhibit A,” wherein reference is made to the map marked “Exhibit B,” a copy of which is also attached hereto and made a part hereof, and upon which map the said land and premises are designated. 5 Plaintiff has been unable to acquire said interest in the land and premises through bona fide negotiations with the property owner. 6 The amount of compensation offered by Plaintiff to the property owner is $1,500 for the fee simple interest in a portion of the Property and $600 for the permanent traffic signal easement, for a total of $2,100, which amounts assume the property is free of contamination or has been remediated. This amount was calculated 4861-1680-4789, v. 1 MID-L-002925-24 05/16/2024 3:15:18 PM Pg3of20 Trans ID: LCV20241249124 in the manner set forth in “Exhibit C,” attached hereto and made a part hereof. 7 Plaintiff hereby reserves any and all rights it has or may have to recover in a separate action or by any administrative means, against defendant property owner and/or third parties, for release of the funds retained in the Superior Court Trust Fund and for reimbursement of all costs of remediation and/or cleanup of contamination and/or removal of solid waste and/or sanitary landfill closure that have been or may be incurred in the future by reason of conditions which were in existence as of or prior to the date of vesting of title and possession pursuant to N.J.S.A. 20:3-19. Plaintiff further reserves the right to seek, at its sole discretion, any and all available legal, administrative and equitable remedies to compel defendants to remediate and/or clean up the property in accordance with applicable state and federal statutory and regulatory provisions or to remove solid waste or carry out closure of a sanitary landfill if located on the subject property. Pursuant to N.J.S.A. 58:10-23.11g.d(4), Plaintiff is not liable for the cleanup and removal costs of any discharge which occurred or began prior to Plaintiff’s ownership. Plaintiff does not accept any liability for pre-existing contamination and/or solid waste, whether known or subsequently discovered. 8 Plaintiff has valued the property as if remediated in accordance with applicable regulatory requirements and subject to 4861-1680-4789, v. 1 MID-L-002925-24 05/16/2024 3:15:18 PM Pg4of20 Trans ID: LCV20241249124 the imposition of any conditions as to use except as noted in the appraisal and subject to Paragraph 7 above. Notwithstanding the results of any inspection, Plaintiff does not accept liability for any pre-existing contamination or solid waste, known or unknown, except for the project costs of on-site remediation at known levels. Plaintiff reserves the right to amend the complaint if additional or higher levels of contamination or solid waste are discovered within the subject property and to move for appropriate relief under law and equity, including but not limited to, seeking an order that the Clerk of the Superior Court shall not release any funds remaining on deposit until the additional or higher levels of contamination are remediated and/or cleaned up by the owner of record and until any solid waste is properly removed or closure is performed by the owner of record in accordance with applicable state and federal standards and to move for any other relief, including administrative relief, which may be necessary to protect Plaintiff's rights and interests. 9 The owners of record of the said land and premises are Defendants ASIM HUSSAIN SYED, ZAMIR HUSSAIN SYED, AMJID HUSSAIN SYED, Address: 1214 East 37th Street, Brooklyn, New York 11210. 10. Other persons appearing of record to have any interest in the property are as follows: A ICC MORTGAGE SERVICES whose address is: 1600 STEWART AVENUE, WESTBURY, NEW YORK 11590, by reason of a certain 4 4861-1680-4789, v. 1 MID-L-002925-24 05/16/2024 3:15:18 PM Pg5of20 Trans ID: LCV20241249124 Mortgage recorded October 21, 2015, with the Middlesex County Clerk’s Office in Mortgage Book 16150, Page 343, Instrument Number 201510210399. 11. Plaintiff has an interest in the subject property by reason of certain taxes, assessments, and sewer charges, duly levied and assessed. 12. No other person or corporation appears of record to have an interest in the said land and premises, and no other person or corporation has or may claim to have an interest therein is known to Plaintiff. WHEREFORE, Plaintiff demands judgment against the Defendants that it is duly vested with and has duly exercised its authority to acquire the property being condemned and for an Order Appointing Commissioners to fix the compensation required to be paid in accordance with N.J.S.A. 20:3-12, and preserving the reservations in Paragraphs 7 and 8 of this complaint. McMANIMON, SCOTLAND & BAUMANN, LLC Attorneys for Plaintiff By:/s/ Kevin P. McManimon Kevin P. McManimon DATED: May 16 2024 a 4861-1680-4789, v. 1 MID-L-002925-24 05/16/2024 3:15:18 PM Pg6of20 Trans ID: LCV20241249124 DESIGNATION OF TRIAL COUNSEL Pursuant to Rule 4:5-1(c), Kevin P. McManimon is designated as trial counsel for plaintiff in this matter. McMANIMON, SCOTLAND & BAUMANN, LLC Attorneys for Plaintiff By:/s/ Kevin P. McManimon Kevin P. McManimon DATED: May 16—, 2024 RULE 4:5-1 CERTIFICATION I certify in accordance with Rule 4:5-1 that there are no other proceedings either pending or contemplated with respect to the matter in controversy in this action except for reservations described in paragraphs 7 and 8 of the within complaint. I further certify that no other parties should be joined in this action except those persons or entities which may appear in a title search updated to the filing and recording of the lis pendens. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. McMANIMON, SCOTLAND & BAUMANN, LLC Attorneys for Plaintiff By:/s/ Kevin P. McManimon Kevin P. McManimon DATED: May 16, 2024 4861-1680-4789, v. 1 MID-L-002925-24 05/16/2024 3:15:18 PM Pg7of20 Trans ID: LCV20241249124 CERTIFICATION Robert J. Bergen, of full age, hereby certifies: 1. I am the Department of Law, Borough of Carteret. 2 I have read the foregoing Complaint and am familiar with the contents thereof. 3 The matters and statements set forth in said Complaint are true to my personal knowledge based upon my review of the official file of the Borough of Carteret. 4. I certify in accordance with Rule 4:5-~-1 that there are no other proceedings either pending or contemplated with respect to the matter in controversy in this action except for reservations described in Paragraphs 7 and 8 of the within Complaint. I further certify that no other parties should be joined in this action except those persons or entities which may appear in a title search updated to the filing and recording of the lis pendens. Borough of Carteret By: Robert g. /Bergen, Executive Director 4861-1680-4789, v. 1 MID-L-002925-24 05/16/2024 3:15:18 PM Pg8of20 Trans ID: LCV20241249124 EXHIBIT A 4861-1680-4789, v. 1 MID-L-002925-24 05/16/2024 3:15:18 PM Pg 9 of 20 Trans ID: LCV20241249124 . JOHNH. ALLGAIR, PE, PP, LS (1083-2001 J. SAMUEL, PE, PR, CME. JOHN J, STEFANE PE, 15, PP, CME. aay MICHAELJ. MeCLELLAND, OME SREGORY R.VALEDL PE ER GME CMC TMOTHY W.GLLEN, FE PF CHE] BRUCEM. | Dulas. PLOSKONKA PE CME TREVOR,d, TAYLOR, PE, PRLOME, ‘BEHRAM TURAN, PE, LSRP March 3, 2022 File No. P-CT-00134-01 Lot 10, Block 7310 of Carteret NF Asim, Zamir & Amjid Hussain Syed LEGAL DESCRIPTION Parcel No. 11 and Traffic Signal Easement-TSE-11 Through a portion of Lot 10, Block 7310 Borough of Carteret Middlesex County, New Jersey Parcel No. 11 Being an irregular strip of land upon, through and across premises known and designated as Lot 10 in Block 7310 on the current jh of Carteret Tax Map and the General Property Parcel Map entitled “COUNTY OF MIDDLESEX, DEPARTMENT OF TRANSPORTATION OFFICE OF ENGINEERING, 75 BAYARD STREET, NEW BRUNSWICK, NJ. 08901, DESIGN AND MODIFICATION OF TRAFFIC CONTROL SIGNALS FOR THE DEVELOPMENT OF A COMMUTER FERRY TERMINAL, BOROUGH OF CARTERET, MIDDLESEX COUNTY, NEW JERSEY — GENERAL PROPERTY PARCEL MAP - SHOWING EXISTING RIGHTS-OF-WAY AND PARCELS TO BE ACQUIRED, Sheet 2 of 5, dated March 2022, being more particularly described as follows: Beginning at a point, said point being the northwesterly Right-of-Way line of Roosevelt Avenue (Route 604), 50-foot Wide Right-of-Way, with the common line between Lots 10 and 9, Block 7310, Borough of Carteret. Said beginning point located 25.74 feet left of Roosevelt Avenue Baseline Station 2+13.16 and having New Jersey State Plane Coordinates (NAD 1983) of N. 633,607.9111 feet, E. 569,218.2654 feet, and from said beginning point running: 1) Along the common line of Lots 10 and $ in Block 7310, North 55° 02' 03” West, a distance of 1.54 feet to a point, thence 2) Through Lot 10 in Block 7310, North 47° 46' 57” East, a distance of 54.46 feet to a point on the northwesterly Right-of-Way line of Roosevelt Avenue, thence Along the northwesterly Right-of-Way line of Roosevelt Avenue the following two (2) courses: 3) Along a curve to the right, having a radius of 25.00 feet, an arc distance of 8.70 feet, a delta angle of 19° 56’ 64”, a chord bearing of South 37° 48' 30” West and a chord distance of 8.66 feet to a point of tangency, thence 4) South 47° 46’ 57” West, a distance of 45.59 feet to the point and place of beginning. Said description of the proposed “Parcel -11” through Lot 10 in Block 7310 containing 77 Square Feet, 0.002 Acres, more or less. TSE-11-Traffic Sianal Easement Being an irregular strip of land upon, through and across premises known and designated as Lot 10 in Block 7310 on the current Borough of Carteret Tax Map and the General Parcel Mi entitled “COUNTY OF MIDDLESEX, DEPARTMENT OF TRANSPORTATION OFFICE OF ENGINEERING, 75 BAYARD STREET, NEW BRUNSWICK, N.J. 08901, DESIGN AND MODIFICATION OF TRAFFIC CONTROL SIGNALS FOR THE DEVELOPMENT OF A COMMUTER FERRY TERMINAL, BOROUGH OF CARTERET, MIDDLESEX COUNTY, NEW \ CONSULTING AND MUNICIPALEX _ 3141 BORDENTOWN AVENUE » PARLIN, NEW JERSEY 006501162 (732) 727-9000 MID-L-002925-24 05/16/2024 3:15:18 PM Pg 10 of 20 Trans ID: LCV20241249124 JOHN H.ALLGAIR, PE, PP, LS (18632001) DAVID J. SAMUEL, PROM JOHN STEFAN PE Uf, PE CME P.CME woulx iSMecLELLA, PE Be 'VALES!,PE, PP, CME CMC ‘TWOTHYW, GILLEN, PE, PP, CME: ‘BRUCEM. KOCH, PR CME LOUISJ. PLOSKONKA, ‘TREVOR.J. TAYLOR, PE, PP, CME ‘BEHRAM TURAN, PE, LSRP’ March3, 2022 File No. P-CT-00134-01 Lot 10, Block 7310 Borough of Carteret NF Asim, Zamir& Amjid Hussain Syed JERSEY ~ GENERAL PROPERTY PARCEL MAP - PARCEL 11 & TSE-11, Sheet 2 of 5, dated March 2022, being more particularly described as follows: Commencing at @ point on the proposed northwesterly Right-of-Way Line of Roosevelt Avenue (Route 604), 50-Foot Wide Right-of-Way, said point being distant the following two (2) courses from the intersection of the northwesterly Right-of-Way line of Roosevelt Avenue with the common corner of Lots 10 and 9 in Block 7310, Along the common line of Lots 10 and 9 in Block 7310, North 55° 02’ 03” West, a distance of 1.54, thence, along the proposed northwesterly Right-of-Way line of Roosevelt Avenue, North 47° 46’ 57” East, a distance of 54.46 feet to the point and place of beginning, said point being located 27.05 feet left of Roosevelt Avenue Baseline Station 2+67.29 and having New Jersey State Plane Coordinates (NAD 1983) of N. 633,645.3874 feet, E. 569,257.3383 feet, and from said beginning point running: Through Lot 10 in Block 7310 the following two (2) courses: 1) South 47° 46’ 57” West, a distance of 6.17 feet to a point and location of a monument to be set, thence 2) North 07° 25’ 06” East, a distance of 29.16 feet to a point on the southwesterly line of Pulaski Avenue (60-Foot Wide Right-of-Way), thence 3) Along the southwesterly Right-of-Way line of Pulaski Avenue, along a curve to the right, having a radius of 25.00 feet, an arc length of 25.93 feet, a delta angle of 59° 25' §1”, a chord bearing of South 01° 52’ 63” East and a chord distance of 24.79 feet to the point and place of beginning. Said description of the proposed “TSE-11” through Lot 10 in Block 7310 containing 113 Square Feet, 0.003 Acres, more or less. ‘The aforementioned “Traffic Signal Easement - TSE-11" intendedto encompass existing and proposed traffic signal improvements therein along with the rights to install, maintain, renew and repair existing/future traffic signal improvements, including striping, signage and other equipment associated with same, as the County of Middlesex may deem necessary for public safety, along with the public’s rightto cross said easement by vehicle or on foot. Said description of the proposed “Parcel-11 and Traffic Signal Easement-TSE-11", having been drawn in accordance with a certain map entitled “COUNTY OF MIDDLESEX, DEPARTMENT OF TRANSPORTATION OFFICE OF ENGINEERING, 75 BAYARD STREET, NEW BRUNSWICK, N.J. 08901, DESIGN AND MODIFICATION OF TRAFFIC CONTROL SIGNALS FOR THE DEVELOPMENT OF A COMMUTER FERRY TERMINAL, BOROUGH OF CARTERET, MIDDLESEX COUNTY, NEW JERSEY — INDIVIDUAL PROPERTY PARCEL MAP -PARCEL-11 and TSE-11, Sheet 1 of 1, dated March 2022, \ ILTING AND MUNICIPALEN S841 BORDENTOWN AVENUE » PARLIN NEW sERBEY OBB55"162» (732 727-9000 — MID-L-002925-24 05/16/2024 3:15:18 PM Pg11of20 Trans ID: LCV20241249124 JOHNH. ALLGAIR; PE, PP, LS (1053-2001) JOHN J, STEFANI PE, LS, PE. CME ‘MICHAELJ. MeCLELLAND,PE, PP, CME ‘GREGORYR. VALES), PE, PP, CME ‘TIMOTHY W. GILLEN, PE,PP, M.KOGH, epee LOUIS. PLOBKONKA, ASSOCIATES repo Sue To March3, 2022 File No. P-CT-00134-01 Lot 10, Block 7310 Borough of Carteret NF Asim, Zamir & Amjid Hussain Syed Said described lands being known as a portion of Lot 10, Block 7310, as shown on the official Tax Map of the Borough of Carteret. Robert K. Sanchez Professional Land Surveyor New Jersey License No. 43294 ParcelNo. 11—TSE-11 Lot 10, Block 7310 P-CT-00134.01 Borough of Carteret, Ni (CONSULTING AND MUNI S141 BORDENTOWN AVENUE © PARLIN, HOW JERSEY O50 62» 782) 727-8000 DY MID-L-002925-24 05/16/2024 3:15:18 PM Pg12o0f20 Trans ID: LCV20241249124 EXHIBIT B 10 4861-1680-4789, v. 1 MID-L-002925-24 05/16/2024 3:15:18 PM Pg 13 0f20 Trans ID: LCV20241249124 Land Description and Analysis 18 Plat Map | N Ve alt izBistfy Ra fy i Wal & a es = FS, @ay el oN a Ne aS ‘S| 2 Qe RP es tas ig & “ 2 Bg yee & o Me a V82 Oe 2% Me i aNy Ke gf ae fone we ao, eo AM i f LP of, a or Say ee ie ve) 2%, we Sa S| Lo cet ee & ee ee Ye egy a 6 lew Ig 4 ] =.eeee a as 4 TM es Le ie a 3 & neos 5 e< iil Se ere, gh ~ ae aANSAV ONTHSYSd “5 oo 3 we |e! me Re 0 SF © Me % oeee aae Be 2k © a ie wo Jo i Se ayy tdoof use Bae 3 at ee yN Bi f ape eo de deo Se A gs = 7a ~EaRe25 7 one? 4 a BS " = ab Ee Bh Besa: 3) i 25 ta HL ss 2 a ar “ie {| aANAV ti" LARS ATINDPW. 137 Roosevelt Avenue MID-L-002925-24 05/16/2024 3:15:18PM Pg 14o0f20 Trans ID: LCV20241249124 Parcel Maps 27 Parcel Maps Dood Book G52 Page & 2310 Lrarcans 11 & rae=t | TAX MAP BLOCK No.: PARCEL ACQUISITION SUMMARY TAX MAP LOT No: i ‘TOTAL DEEDAREA, 14 SF. (6.104 Acre) AREAOF PARCEL TESF. 01g Acro) eoeeval oF omy AREA REMAMEIG LSS QU? Aces N/F ASIM HUSSAIN SYED.