Ordinance No. 08-16

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

An ordinance granting consent to utilize easement area

WHEREAS, Mahboob and Bonhi Rahman are the owners of property commonly known as Block 146, Lot 72.29 on the Official Tax Map of the Township of Randolph (“Rahman Property”), which property is located in the Ridge at Randolph development; and

WHEREAS, Craig A. Hugerich and Dimitra Stavros are the owners of property commonly known as Block 146, Lot 63 on the Official Tax Map of the Township of Randolph (“Hugerich/Stavros Property”); and

WHEREAS, in connection with the development of the Ridge at Randolph by Toll NJ VI, L.P., an access easement was conveyed over a portion of the Rahman Property to allow the construction of a driveway to provide access from Skyline Drive to the Hugerich/Stavros Property (“Access Easement”); and

WHEREAS, also in connection with the development of the Ridge at Randolph, Toll NJ VI, L.P. granted a certain Conservation Easement to the Township of Randolph (“Township”) over a portion of the Rahman Property on December 15, 2011 which is recorded in the Morris County Clerk’s Office in Book 21935, Page 1609 (“Conservation Easement”); and

WHEREAS, the Conservation Easement restricts the development of a portion of the Rahman Property located within the Conservation Easement Area and provides that no improvements shall be constructed within the Conservation Easement Area and that no roads, drives or trails for motorized vehicles shall be constructed or maintained within the Conservation Easement Area except with the written approval of the Governing Body of the Township; and

WHEREAS, construction of the driveway providing access to the Hugerich/Stavros Property cannot be completed as depicted in the Access Easement due to a rock outcropping at the terminus of Access Easement Area; and

WHEREAS, the owners of the Rahman Property have agreed to modify the Access Easement to relocate a portion of the driveway providing access to the Hugerich/Stavros Property to avoid the rock outcropping; and

WHEREAS, the relocated portion of the driveway providing access to the Hugerich/Stavros Property is within the Conservation Easement Area; and

WHEREAS, the owners of the Hugerich/Stavros Property desire to obtain the consent of the Township to relocate of a portion of the driveway, and to allow the use of the same by motor vehicles, within a portion of the Conservation Easement Area to facilitate access from Skyline Drive to the Hugerich/Stavros Property; and

WHEREAS, a Consent to Utilize Easement Area by and between the Township and Mahboob and Bonhi Rahman has been prepared which grants consent to allow the relocation of a portion of the driveway, and the use of the same by motor vehicles, within a portion of the Conservation Easement Area on the Rahman Property to facilitate access from Skyline Drive to the Hugerich/Stavros Property as specifically limited by that Agreement; and

WHEREAS, the Township desires to authorize the execution of the Consent to Utilize Easement Area subsequent to its execution by Mahboob and Bonhi Rahman.

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. All the terms and conditions of the Consent to Utilize Easement Area by and between the Township and Mahboob and Bonhi Rahman are hereby approved, ratified and confirmed by the Township.

SECTION 2. The Mayor and Township Clerk are hereby authorized to execute said Consent to Utilize Easement Area after its execution by Mahboob and Bonhi Rahman 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.

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

_____________________________
Roman B. Hirniak, Mayor

LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 08-16

Notice is hereby given that an Ordinance entitled “An Ordinance Granting Consent To Utilize Easement Area” 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 execution of a Consent to Utilize Easement Area which grants consent to allow the relocation of a portion of a driveway, and the use of the same by motor vehicles, within a portion of property subject to a Conservation Easement that is located at Block 146, Lot 72.29 on the Official Tax Map of the Township of Randolph to facilitate access from Skyline Drive to property located at Block 146, Lot 63 on the Official Tax Map of the Township of Randolph.

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