Ordinance No. 01-23

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

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, N.J.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, N.A. and Ruth N. Guerin as trustees of the Trust Agreement Between Lewis. E. Guerin and Barnett Banks Trust Company, N.A., 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, N.A. and Lewis E. Guerin as trustees of the Trust Agreement Between Ruth N. Guerin and Barnett Banks Trust Company, N.A., U/A dated June 16 1980; and

WHEREAS, By Order of Declaratory Judgment of the Seventh Judicial Circuit Court of Florida (Case No.: 93-10825) dated September 2, 1993, the Trust Agreement Between Lewis. E. Guerin and Barnett Banks Trust Company, N.A., U/A dated June 16 1980 and the Trust Agreement Between Ruth N. Guerin and Barnett Banks Trust Company, N.A., 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, N.A. as trustee; and

WHEREAS, on or about October 8, 1998, Bank of America, N.A. (formerly known as NationsBank, N.A.) became trustee of the Lewis E. Guerin and Ruth N. Guerin Trust Agreement as successor by merger to Barnett Banks Trust Company, N.A.; and

WHEREAS, Bank of America, N.A., 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, N.A., 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 $1.00; and

WHEREAS, the Township desires to a, and thus agreed to accept said Property from Bank of America, N.A. (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, N.A.; 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:

SECTION ONE. The Township of Randolph hereby authorizes the acquisition of Block 47 Lot 35.02 on the Official Tax Map of the Township of Randolph for municipal public purposes, including, without limitation, to access Township-owned lands, from Bank of America, N.A. (as Trustee of the Lewis E. Guerin and Ruth N. Guerin Trust Agreement) through a quitclaim deed for the sum of $1.00. and hereby accepts the proffered quitclaim deed.

SECTION TWO. The Mayor, Township Council, Clerk and such other officials, consultants, agents, professionals and employees of the Township are hereby authorized and directed to take all action necessary to effectuate the purposes of this Ordinance and acquisition of the Property, including, without limitation, the purchase of title insurance and environmental insurance as may be appropriate, and the execution of additional related documents.

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

ATTEST TOWNSHIP OF RANDOLPH

_____________________________
Donna Marie Luciani, Township Clerk

TOWNSHIP OF RANDOLPH

_____________________________
Lou Nisivoccia, Mayor

LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 01-23

NOTICE IS HEREBY GIVEN that an Ordinance entitled "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" 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 January 19, 2023 and was introduced, read by title and passed on 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 second reading and final passage thereof at their regular meeting to be held on February 16, 2023 at 6 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 heard thereon by the Governing Body and all parties in interest and citizens shall have an opportunity to be heard concerning said Ordinance.

Statement of Purpose of Ordinance

The purpose of the above ordinance authorizes the acquisition of Block 47, Lot 35.02 on the Official Tax Map of the Township of Randolph, which is commonly known as Guerin Drive, for municipal purposes, including, without limitation, access to Township-owned lands.

A copy of the full 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 9:00 a.m. and 4:30 p.m.

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