Ordinance No. 03-15

Introduced: February 3, 2015
Public Hearing: February 19, 2015
Status: Adopted

An ordinance accepting an access and utility easement over a portion of Block 195, Lot 3 on the official tax map of the Township of Randolph from the Morris County Housing Authority

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, The Morris County Housing Authority (“Owner”) is the owner of certain property formally known as Block 195, Lot 3 on the Official Tax Map of the Township of Randolph (“Owner’s Property”); and

WHEREAS, the Township of Randolph (“Township”) is the owner of certain property that is adjacent to the Owner’s Property which contains Rosenfarb Park and which is formally known as Block 195, Lot 1 on the Official Tax Map of the Township of Randolph (“Rosenfarb Park Property”); and

WHEREAS, the Owner desires to convey to the Township an access easement over a portion of the Owner’s Property for the purpose of allowing the general public and Township maintenance vehicles to access the Rosenfarb Park Property through from Bennett Avenue as specifically set forth in a Grant of Access and Utility Easement by and between The Morris County Housing Authority and the Township of Randolph; and

WHEREAS, the Owner desires to convey to the Township a utility easement over a portion of the Owner’s Property for the purpose of inspecting, maintaining, repairing and replacing the existing water service line that provides water service to the Rosenfarb Park Property as specifically set forth in a Grant of Access and Utility Easement by and between The Morris County Housing Authority and the Township of Randolph; and

WHEREAS, the Township desires to accept the conveyance of the access and utility 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 an access and utility easement over a portion of Block 195, Lot 3, as specifically provided in a Grant of Access and Utility Easement by and between The Morris County Housing Authority and the Township of Randolph is hereby accepted.

SECTION 2. The Mayor and Township Clerk are hereby authorized to execute said easement after execution of the same by The Morris County Housing Authority 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 easement as may be recommended and approved by the Township Attorney prior to execution.

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

_____________________________
Joanne Veech, Mayor

LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 03-15

NOTICE IS HEREBY GIVEN Notice is hereby given that an Ordinance entitled “An Ordinance Accepting an Access and Utility Easement over a Portion of Block 195, Lot 3 on the Official Tax Map of the Township of Randolph from The Morris County Housing Authority” 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 February 3, 2015 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 19, 2015 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 an access and utility easement over a portion of Block 195, Lot 3 on the Official Tax Map of the Township of Randolph from The Morris County Housing Authority.

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