Ordinance No. 04-14

Introduced: January 14, 2014
Public Hearing: February 6, 2014
Status: Adopted

Authorizing a January 14, 2014 addendum to grant of temporary easement dated September 1, 2013 by and between Joan Spatola and Township of Randolph over a portion of Block 168, Lot 66, on the official tax map of the Township of Randolph

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, Joan Spatola is the owner of certain property formally known as Block 168, Lot 66 on the Official Tax Map of the Township of Randolph; and

WHEREAS, the Ms. Spatola granted to the Township a Temporary Easement dated September 1, 2013 to permit the Township to access the Property, perform an inspection and make repairs, if necessary in the sole opinion of the Township, to the existing drainage improvements located on the Property, which is authorized by Ordinance No. 27-13; and

WHEREAS, in accordance with the September 1, 2013 Grant of Temporary Easement, the Township performed certain inspections of the existing drainage improvements and determined that repairs must be made; and

WHEREAS, the repairs require that a portion of the existing fence located on Ms. Spatola’s Property be removed and replaced with a gate so as to provide access to that portion of the existing drainage improvements; and

WHEREAS, Ms. Spatola has agreed to replace a portion of the existing fence with a gate so that the Township can access the drainage improvements and make repairs and the Township has agreed to reimburse Ms. Spatola for the cost of the installation of the gate in an amount not to exceed $1,200.00 and both parties desire to amend the September 1, 2013 Grant of Temporary Easement accordingly.

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 Township hereby approves and authorizes the execution of the December 5, 2013 Addendum to Grant of Temporary Easement by and between Joan Spatola and Township of Randolph dated September 1, 2013 over a portion of Block 168, Lot 66 on the Official Tax Map of the Township of Randolph, which was originally authorized by Ordinance 27-13.

SECTION 2. The Mayor and Township Clerk are hereby authorized to execute said addendum after execution of the same by Ms. Spatola 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 addendum as may be recommended and approved by the Township Attorney prior to execution.

SECTION 3. 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 4. 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 5. 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

_____________________________
James Loveys, Mayor

LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 04-14

Notice is hereby given that an Ordinance entitled “Authorizing A January 14, 2014 Addendum To Grant Of Temporary Easement Dated September 1, 2013 By And Between Joan Spatola And Township Of Randolph Over A Portion Of Block 168, Lot 66, On The Official Tax Map Of The Township Of Randolph” 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 14, 2014 and was introduced, read by title and passed on the 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 a second reading and final passage thereof at their regular meeting to be held on February 6, 2014, at 7:00 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 held thereon by the Governing Body and all parties in interest and citizens shall have the opportunity to be heard concerning said Ordinance.

Statement of Purpose of Ordinance

The purpose of this Ordinance is to approve and authorize the execution of a January 14, 2014 Addendum to Grant of Temporary Easement between the Township and Joan Spatola over a potion of Block 168, Lot 66 located within the Township of Randolph. The purpose of the easement and addendum is to permit the Township to inspect and repair, if necessary in the sole opinion of the Township, the existing drainage improvements located on the property.

A copy of this 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 8:30 a.m. and 4:30 p.m.

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