502 Millbrook Avenue, Randolph, NJ 07869-3799
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Ordinance No. 27-13

Introduced: November 7, 2013
Public Hearing: December 5, 2013
Status: Adopted

Accepting temporary easements over a portion of Block 168, Lot 66, Block 168, Lot 67, and Block 168 Lot 69 on the official tax map of the Township of Randolph


WHEREAS, N.J.S.A. 40A:12-4 authorizes a municipality to acquire easements; and

WHEREAS, N.J.S.A. 40A:12-5 requires that the acquisition of easements by municipalities be accomplished by ordinance; and

WHEREAS, Joan Spatola is the owner of certain property formally known as Block 168, Lot 66 on the Official Tax Map of the Township of Randolph; and

WHEREAS, John and Celeste Cross are the owners of certain property formally known as Block 168, Lot 67 on the Official Tax Map of the Township of Randolph; and

WHEREAS, John A. Montagna and Winifred Bunch are the owners of certain property formally known as Block 168, Lot 69 on the Official Tax Map of the Township of Randolph; and

WHEREAS, the Owners desire to convey to the Township of Randolph (“Township”) temporary easements over a portion of the properties for the inspection and repair, if necessary in the sole opinion of the Township, of the existing drainage improvements located thereon; and

WHEREAS, the Township desires to accept the conveyance of the easements.

NOW, THEREFORE, BE IT ORDAINED by the Governing Body of the Township of Randolph, County of Morris, State of New Jersey as follows:

SECTION 1. The dedication of a 2,740 square-foot temporary easement over a portion of Block 168, Lot 66, as specifically provided in a Grant of Temporary Easement by and between Joan Spatola and the Township of Randolph, dated September 1, 2013 is hereby accepted.

SECTION 2. The dedication of a 3,037 square-foot temporary easement over a portion of Block 168, Lot 67, as specifically provided in a Grant of Temporary Easement by and between John and Celeste Cross and the Township of Randolph, dated September 1, 2013 is hereby accepted.

SECTION 3. The dedication of a 575 square-foot temporary easement over a portion of Block 168, Lot 69, as specifically provided in a Grant of Temporary Easement by and between John A. Montagna and Winifred Bunch and the Township of Randolph, dated September 1, 2013 is hereby accepted.

SECTION 4. The Mayor and Township Clerk are hereby authorized to execute said easements after execution of the same by the Owners and together with all other appropriate officers and employees are hereby authorized and directed to take any and all steps necessary to effectuate the purposes of this Ordinance. The Township hereby authorizes and approves any non-substantive modifications to the easements as may be recommended and approved by the Township Attorney prior to execution.

SECTION 5. All ordinances of the Township of Randolph which are inconsistent with the provisions of this Ordinance are hereby repealed as to the extent of such inconsistency.

SECTION 6. If any section, subsection clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid by any Court of competent jurisdiction, such decision shall not affect the remaining portion of this Ordinance.

SECTION 7. This Ordinance shall take effect immediately upon final passage, approval and publication as provided by law.

ATTEST

_____________________________
Donna Marie Luciani, Township Clerk

TOWNSHIP OF RANDOLPH

_____________________________
Thomas MacArthur, Mayor

LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 27-13

Notice is hereby given that an Ordinance entitled ( Accepting Temporary Easements Over A Portion Of Block 168, Lot 66, Block 168, Lot 67, And Block 168 Lot 69 On The Official Tax Map Of The Township Of Randolph,( was submitted in writing at a regular meeting of the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, held on November 7, 2013, and was introduced, read by title and passed on the first reading. A Statement of Purpose of the Ordinance is contained below. The Governing Body of the Township of Randolph will further consider the Ordinance for a second reading and final passage thereof at their regular meeting to be held on December 5, 2013, at 7:00 p.m. prevailing time, at the Municipal Building, 502 Millbrook Avenue, Randolph, New Jersey 07869, at which time and place a public hearing will be held thereon by the Governing Body and all parties in interest and citizens shall have the opportunity to be heard concerning said Ordinance.

Statement of Purpose of Ordinance

The purpose of this Ordinance is to authorize the acceptance of three temporary easements over potions of Block 168, Lot 66, Block 168, Lot 67 and Block 168, Lot 69 located within the Township of Randolph. The purpose of the easements is to permit the Township to inspect and repair, if necessary in the sole opinion of the Township, the existing drainage improvements located on the property. A copy of this Ordinance is available to any member of the general public, without cost, at the Township of Randolph, Municipal Building, Millbrook Avenue, Randolph, New Jersey, at the Office of the Township Clerk, between the hours of 8:30 a.m. and 4:30 p.m.

_____________________________
Donna Marie Luciani, Township Clerk
Township of Randolph
County of Morris, State of New Jersey