Ordinance No. 07-16

Introduced: March 10, 2016
Public Hearing: March 31, 2016
Status: Adopted

An ordinance accepting a trail and maintenance access easement over a portion of Block 47, Lot 34 on the official tax map of the Township of Randolph from Calais Road Farms, LLC

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, Calais Road Farms, LLC (“Owner”) is the owner of certain property formally known as Block 47, Lot 34 on the Official Tax Map of the Township of Randolph; and

WHEREAS, the Owner desires to convey to the Township of Randolph (“Township”) a trail and maintenance access easement over a portion of Block 47, Lot 34 for the purpose of providing Township the ability to install a public trail within the Easement Area at some time in the future as determined and to provide the Township with access to Block 47, Lot 7.30, which is anticipated to be conveyed to the Township as open space; and

WHEREAS, the Owner and Township have agreed that the value of the easement is Ten Thousand Two Hundred Fifty Dollars and Zero Cents ($10,250.00)

WHEREAS, the Township desires to accept the conveyance of the trail and maintenance access easement in exchange for a payment in the total amount of Ten Thousand Two Hundred Fifty Dollars and Zero Cents ($10,250.00).

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 trail and maintenance access easement over a portion of Block 47, Lot 34, as specifically provided in a Deed of Trail and Maintenance Easement by and between Calais Road Farms, LLC and the Township of Randolph is hereby accepted and payment to Owner in the amount of Ten Thousand Two Hundred Fifty Dollars and Zero Cents ($10,250.00) is hereby authorized.

SECTION 2. The Mayor and Township Clerk are hereby authorized to execute said easement after execution of the same by Calais Road Farms, LLC 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

_____________________________
Roman B. Hirniak, Mayor

LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 07-16

Notice is hereby given that an Ordinance entitled “An Ordinance Accepting a Trail and Maintenance Access Easement over a Portion of Block 47, Lot 34 on the Official Tax Map of the Township of Randolph from Calais Road Farms, LLC” 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 10, 2016 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 March 31, 2016 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 authorize the acquisition of a trail and maintenance access easement over a portion of Block 47, Lot 34 from Calais Road Farms, LLC for the total price of Ten Thousand Two Hundred Fifty Dollars and Zero Cents ($10,250.00). The easement provides Township with the ability to install a public trail within the Easement Area at some time in the future as determined and to provide the Township with access to Block 47, Lot 7.30, which is anticipated to be conveyed to the Township as open space.

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