01-23

Introduced: January 19, 2023
Public Hearing: March 2, 2023
Status: Adopted

Please note: An Ordinance Authorizing the Acquisition of Certain Real Property Described as Block 47, Lot 35.02 on the Official Tax Map of the Township of Randolph and Commonly Known as Guerin Drive for Municipal Public Purposes, and Authorizing All Actions Necessary to Implement and Effect the Acquisition of the Property.

• Whereas, NJ.S.A. 40A:12-1, et seq., authorizes a municipality, by ordinance, to acquire real property or an interest in real property as may be necessary and suitable for municipal public purposes; and
• Whereas, the Township of Randolph ("Township") desires to acquire certain property within the Township, commonly known as Guerin Drive and designated as Block 47, Lot 35.02 on the Official Tax Map of the Township of Randolph (the "Property") for municipal public purposes, to access Township-owned lands; and
• Whereas, the Property was part of premises conveyed to Lewis E Guerin and Ruth N Guerin, his wife, as tenants in common, by Deed from Lewis E Guerin and Ruth N Guerin, his wife, dated July 2, 1974, recorded in the County Clerk/Register's Office of Morris County on July 3, 1974 in Book 2296, Page 193; and
• Whereas, Lewis E Guerin died on May 30, 1993 a resident of Volusia County, Florida and in and by his Last Will and Testament, devised his residuary estate, inclusive of his interest in the Property in trust to Barnett Banks Trust Company, NA. and Ruth N Guerin as trustees of the Trust Agreement Between Lewis. E Guerin and Barnett Banks Trust Company, NA., U/A dated June 16 1980; and
• Whereas, Ruth N Guerin died on February 17, 1985, a resident of Volusia County, Florida and in and by her Last Will and Testament, devised her residuary estate inclusive of her interest in the Property in trust to Barnett Banks Trust Company, NA. and Lewis E Guerin as trustees of the Trust Agreement Between Ruth N Guerin and Barnett Banks Trust Company, NA., U/A dated June 16 1980; and
• Whereas, By Order of Declaratory Judgment of the Seventh Judicial Circuit Court of Florida (Case Number : 93-10825) dated September 2, 1993, the Trust Agreement Between Lewis. E Guerin and Barnett Banks Trust Company, NA., U/A dated June 16 1980 and the Trust Agreement Between Ruth N Guerin and Barnett Banks Trust Company, NA., U/A dated June 16 1980 were combined into a single trust known as the Lewis E Guerin and Ruth N Guerin Trust Agreement, to be administered by Barnett Banks Trust Company, NA. as trustee; and
• Whereas, on or about October 8, 1998, Bank of America, NA. (formerly known as NationsBank, NA.) became trustee of the Lewis E Guerin and Ruth N Guerin Trust Agreement as successor by merger to Barnett Banks Trust Company, NA.; and
• Whereas, Bank of America, NA., as Trustee of the Lewis E Guerin and Ruth N Guerin Trust Agreement, has authority to transfer ownership of the Property; and
• Whereas, Bank of America, NA., as Trustee of the Lewis E Guerin and Ruth N Guerin Trust Agreement, desires to convey the Property to the Township via a quitclaim deed and for nominal consideration of $1; and
• Whereas, the Township desires to a, and thus agreed to accept said Property from Bank of America, NA. (as Trustee of the Lewis E Guerin and Ruth N Guerin Trust Agreement) via the proposed quitclaim deed transfer described above; and
• Whereas, the conditions set forth above have been addressed to the satisfaction of the Township and the Township desires to formally accept the quitclaim deed of conveyance proffered to it by Bank of America, NA.; and
• Whereas, the Township has undertaken its due diligence and can move forward with the aforesaid acquisition of the Property.

Now, therefore, be it ordained, by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, as follows: