Ordinance No. 07-21

Introduced: February 18, 2021
Public Hearing: March 4, 2021
Status: Adopted

An Ordinance Authorizing the Vacation of a 25 Foot Right of Way within the Township of Randolph

WHEREAS, N.J.S.A. 40:67-19 authorizes a municipality to release and extinguish the public right arising from the dedication of lands as a public street in whole or in part; and

WHEREAS, pursuant to N.J.S.A. 40:67-21, a municipal clerk must file a copy of an ordinance vacating streets, together with proof of publication, in the office wherein conveyances of lands are recorded in the county and recorded in the proper book and index for Vacations; and

WHEREAS, by Deed recorded in the Morris County Clerk’s Office on October 27, 1987 in Book 2977, Page 0717 (“Deed”), 855 Route 10 Associates conveyed to the Township of Randolph (“Township”) a 25 foot right of way on Block 44, Lot 12 on the Official Tax Map of the Township of Randolph (“Property”) and as more particularly described in the Deed, for the purposes of constructing a public road; and

WHEREAS, the Township has not improved the Property with a public road, has no intention of doing so and has determined that said 25 foot right of way is not needed or required for public use or purposes; and

WHEREAS, the vacation of the 25 foot right of way will further the construction of an inclusionary development containing forty (40) rental affordable housing units on Block 44, Lot 25 on the Official Tax Map of the Township of Randolph as set forth in more detail in a Settlement Agreement between the Township and Canoe Brook Development, LLC dated September 24, 2020; and

WHEREAS, the Township desires to vacate the 25 foot right of way that exists on Block 44, Lot 12 as more particularly described on the Deed between 855 Route 10 Associates and the Township, which was recorded in the Morris County Clerk’s Office on October 27, 1987 in Book 2977, Page 0717.

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 25 foot right of way that exists on Block 44, Lot 12, as more particularly described on the Deed between 855 Route 10 Associates and the Township, which was recorded in the Morris County Clerk’s Office on October 27, 1987 in Book 2977, Page 0717, IS HEREBY DECLARED VACATED, and the right of the public in and to the herein described right of way be VACATED AND FOREVER EXTINGUISHED.

SECTION 2. Having passed a first reading, this Ordinance shall be published in the manner required by N.J.S.A. 40:49-6, at least once not less than ten (10) days prior to the time fixed for further consideration for final passage.

SECTION 3. Pursuant to N.J.S.A. 40:49-6, at least one week prior to the time fixed for final passage, a copy of the Ordinance, together with notice of the introduction, including time and place fixed for final passage, shall be mailed to every person whose land may be affected by the Ordinance.

SECTION 4. The Township Clerk shall, within sixty (60) days after the Ordinance becomes effective, file a certified copy thereof, under the seal of the Township of Randolph, together with a copy of the proof of publication thereof, in the Office of the Clerk of Morris County, and the same shall be recorded in the proper book and index for Vacations, pursuant to N.J.S.A. 40:67-21.

SECTION 5. Any and all rights and privileges now possessed by public utilities, as defined in N.J.S.A. 48:2-13, and by an cable television company, as defined in the Cable Television Act, N.J.S.A. 48:5A-1, et seq., to maintain, repair, and replace existing facilities in, adjacent to, over and under the 25 foot right of way hereby vacated be and the same are hereby expressly reserved and excepted from said vacation.

SECTION 6. The Mayor and Township Clerk 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.

SECTION 7. 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 8. 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 9. 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

_____________________________
Mark H. Forstenhausler, Mayor

LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 07-21

Notice is hereby given that an Ordinance entitled “An Ordinance Authorizing the Vacation of a 25 Foot Right of Way Within 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 February 18, 2021 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 4, 2021 at 5 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 vacate the Township of Randolph’s interest in a 25 foot right of way on Block 44, Lot 12, as more particularly described in the Deed between 855 Route 10 Associates and the Township of Randolph, which was recorded in the Morris County Clerk’s Office on October 27, 1987 in Book 2977, Page 0717, that is not needed or required for public use or purposes.

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