Ordinance No. 05-10

Introduced: April 6, 2010
Public Hearing: May 6, 2010
Status: Adopted

An ordinance of the Township of Randolph authorizing the acquisition of Block 195, Lot 25 (232 South Salem Street) located within the Township of Randolph from Alan C. Mackerley for municipal public purposes

WHEREAS, pursuant to N.J.S.A. 40A:12-1, et seq., the Township of Randolph (“Township”) may acquire such lands and buildings as may be necessary and suitable for municipal public purposes; and

WHEREAS, Alan C. Mackerley, Sr. is the owner of certain property located within the Township of Randolph and designated as Block 195, Lot 25 on the Official Tax Map of the Township of Randolph (“Property”); and

WHEREAS, Alan C. Mackerley, Jr., as Power of Attorney for Alan C. Mackerley, Sr., has offered to sell the Property to the Township; and

WHEREAS, the Township desires to acquire said Property for municipal public purposes, for use as passive recreation, active recreation, and open space preservation.

NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Township of Randolph, in the County of Morris, State of New Jersey, as follows:

SECTION 1. The appropriate Township of Randolph officials are hereby authorized and directed to execute a certain Contract for Sale of Real Property by and between the Township of Randolph and Mr. Mackerley, dated April 5, 2010, for the purchase of certain real property designated as Block 195, Lot 25 on the Official Tax Map of the Township of Randolph for the total purchase price of Three Hundred Fifty Thousand Dollars ($350,000.00) for municipal public purposes. Two Hundred Thousand Dollars ($200,000.00) of the total purchase price shall be provided from the Morris County Open Space Grant and One Hundred Fifty Thousand Dollars ($150,000.00) of the total purchase price shall be provided from the Township of Randolph. All parties have agreed that the Township of Randolph shall take title to and manage the Property. The Township hereby authorizes and approves any non-substantive modifications to the Contract as may be recommended and approved by the Township Manager and Township Attorney prior to execution.

SECTION 2. The Township hereby authorizes the acquisition of Block 195, Lot 25 on the Official Tax Map of the Township of Randolph and the expenditure of the funds in order to acquire said property.

SECTION 3. The appropriate Township of Randolph officials, its employees, professionals and agents are hereby authorized and directed to take any and all steps necessary to effectuate the purposes of this Ordinance, including the execution of documents required to close the above mentioned transaction.

SECTION 4. All ordinances of the Township of Randolph that are inconsistent with the provisions of this Ordinance are hereby repealed as to the extent of such inconsistency.

SECTION 5. If any subsection, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid in any Court of competent jurisdiction, such decision shall not affect the remaining portion of this Ordinance.

SECTION 6. This Ordinance shall take effect following final passage and publication in accordance with law.

ATTEST

_____________________________
Donna Marie Luciani, Township Clerk

TOWNSHIP OF RANDOLPH

_____________________________
Jay Alpert, Mayor

LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 05-10

NOTICE IS HEREBY GIVEN that an Ordinance entitled “An Ordinance of the Township of Randolph Authorizing the Acquisition of Block 195, Lot 25 (232 South Salem Street) Located Within the Township of Randolph from Alan C. Mackerley for Municipal Public Purposes” 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 April 6, 2010 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 May 6, 2010 at 8 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 this Ordinance is to authorize the execution of a Contract for the acquisition of certain real property located within the Township of Randolph currently owned by Alan C. Mackerley, Sr. and identified as Block 195, Lot 25 on the Official Tax Map of the Township of Randolph for municipal public purposes, to be used for passive recreation, active recreation and open space preservation for the total price of $350,000.00. The Ordinance also authorizes the acquisition of the Property and the expenditure of $150,000.00 from the Township of Randolph Open Space Funds and $200,000.00 of Morris County Open Space Grant Funds for the purchase of the Property. All parties have agreed that the Township of Randolph shall take title to and manage the Property.

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 8:30 a.m. and 4:30 p.m.

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