Ordinance No. 03-17

Introduced: March 2, 2017
Public Hearing: April 6, 2017
Status: Adopted

Ordinance accepting the dedication of a 50-foot wide right-of-way over a 130,649 square foot (2.99 acre) portion of block 52, lots 2 & 3 on the official tax map of the Township of Randolph from Hertz Homes, Inc. (Waterfall Drive)

WHEREAS, N.J.S.A. 40A:12-4 and 40A:12-5 authorize a municipality, by ordinance, to acquire real property by purchase, gift, devise, lease, exchange, condemnation, or installment purchase agreement; and

WHEREAS, in accordance with final major subdivision approval granted by the Township of Randolph Planning Board memorialized on May 21, 2001 for the development of residential lots on property known as Block 52, Lots 2 and 3 on the Official Tax Map of the Township of Randolph, Hertz Homes, Inc. (“Developer”) desires to convey a 50 foot wide right-of-way right-of-way over a 130,649 square foot (2.99 acre) portion of Block 52 on the Official Tax Map of the Township of Randolph (“Right of Way”) for use as a public street (Waterfall Drive); and

WHEREAS, the right-of-way is conveyed free and clear of any liens and encumbrances; and

WHEREAS, the Township of Randolph desires to accept the dedication of the Right of Way for use as a public street (Waterfall Drive).

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 130,649 square foot portion of Block 52 Lots 2 and 3 on the Official Tax Map of the Township of Randolph for use as a public street (Waterfall Drive) as described in a certain Deed by and between the Township of Randolph and Hertz Homes, Inc. dated March 2, 2017, is hereby accepted.

SECTION 2. The Mayor and Township Clerk together with all other officers, professionals and employees of the Township 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 All ordinances of the Township of Randolph which are inconsistent with the provisions of this Ordinance are hereby repealed as to the extent of such inconsistency.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

_____________________________
Christine Carey, Mayor

LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 03-17

Notice is hereby given that an Ordinance entitled “An Ordinance Accepting the Dedication of a 50-Foot Wide Right-Of-Way Over a 130,649 Square Foot (2.99 Acre) Portion of Block 52, Lots 2 and 3 on the Official Tax Map of the Township of Randolph from Hertz Homes, Inc. (Waterfall Drive)” 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 2, 2017 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 6, 2017 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 dedication of a 50-foot wide right of right of way over a 130,649 square foot portion of Block 52 on the Official Tax Map of the Township of Randolph from Hertz Homes, Inc. for use as a public street (Waterfall Drive).

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