Ordinance No. 02-13

Introduced: March 7, 2013
Public Hearing: April 4, 2013
Status: Adopted

An ordinance accepting a conservation easement over an 80,592 square foot portion of Block 146, lots 72.07 and 72.08 on the official tax map of the Township of Randolph from TOLL NJ VI, L.P.

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, Toll NJ VI, L.P. (“Owner”) is the owner of certain property formally known as Block 146, Lots 72.07 and 72.08 on the Official Tax Map of the Township of Randolph; and

WHEREAS, in accordance with major subdivision approval granted by the Township of Randolph Planning Board by Resolution dated January 25, 2010, the Owner has conveyed to the Township of Randolph (“Township”) a conservation easement over an 80,592 square foot portion of Block 146, Lots 72.07 and 72.08 as specifically set forth in the Conservation Easement by and between Toll NJ VI, L.P. and the Township of Randolph, dated September 18, 2012, which was recorded on September 19, 2012 in the Morris County Clerk’s Office in Deed Book 22141, Page 1869 (“Conservation Easement”); and

WHEREAS, Anthony M. Bucco, Esq., who serves as special counsel to the Township on development matters, has reviewed and approved the form of the Conservation Easement; and

WHEREAS, the Township desires to accept the conveyance of the Conservation Easement.

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 conservation easement over an 80,592 square foot portion of Block 146, Lots 72.07 and 72.08 as specifically set forth in the Conservation Easement by and between Toll NJ VI, L.P. and the Township of Randolph, dated September 18, 2012, which was recorded on September 19, 2012 in the Morris County Clerk’s Office in Deed Book 22141, Page 1869 (“Conservation Easement”) is hereby accepted.

SECTION 2. The Mayor and Township Clerk, 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.

SECTION 3. The Township Tax Collector and Tax Assessor are hereby authorized and directed to take any action necessary to further the purpose of this Ordinance.

SECTION 4. 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 5. 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 6. 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. 02-13

Notice is hereby given that an Ordinance entitled “An Ordinance Accepting a Conservation Easement Over An 80,592 Square Foot Portion of Block 146, Lots 72.07 and 72.08 on the Official Tax Map of the Township of Randolph From Toll NJ VI, L.P.” 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 March 7, 2013 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 April 4, 2013 at 7 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 is to accept the conveyance of a conservation easement over an 80,592 square foot portion of Block 146, Lots 72.07 and 72.08 within the Township of Randolph.

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