Ordinance No. 16-17

Introduced: June 15, 2017
Public Hearing: June 29, 2017
Status: Adopted

An ordinance of the Township of Randolph authorizing the transfer of a 4,730 square feet portion of Block 199, Lot 46.17 to Lot 47 located within the Township of Randolph

WHEREAS, pursuant to N.J.S.A. 40A:12-5(d), the Township of Randolph (“Township”) may transfer property pursuant to N.J.S.A. whenever the Township determines that the property can no longer be used advantageously for the purposes for which it was acquired; and

WHEREAS, by Deed from K. Hovnanian at Randolph I, LLC (“K. Hovnanian”) to the Township dated July 26, 2007 and recorded August 29, 2007 in the Morris County Clerk’s office in Deed Book 20905, Page 1471, the Township acquired title to Block 199, Lot 46.17; and

WHEREAS, at the time of the transfer of title from K. Hovnanian to the Township, it was intended that a portion of Block 199, Lot 46.17 (labeled “Area to be Conveyed to Lot 47”) be transferred to Lot 47 as shown on a map entitled “Major Subdivision Plat, Mountainside Development Assoc., LLC, Lot 46, Block 199, Township of Randolph, Morris County, New Jersey” dated May 6, 2003 with revisions, prepared by Control Point Associates, Inc. and filed in the Morris County Clerk office on July 8, 2004 as Map No, 5811 (“Property”); and

WHEREAS, it has been discovered that the Property was not transferred to Lot 47 at the time of the conveyance of Block 199, Lot 47.17 as originally intended; and

WHEREAS, the Township desires to convey the Property to the Owners of Lot 47 after acceptance of a quit claim deed for the Property from K. Hovnanian.

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 officials are hereby authorized and directed to execute a certain Quit Claim Deed for the transfer of a 4,730 square foot portion of Block 99, Lot 46.17 on the Official Tax Map of the Township labeled “Area to be Conveyed to Lot 47” as shown on a map entitled “Major Subdivision Plat, Mountainside Development Assoc., LLC, Lot 46, Block 199, Township of Randolph, Morris County, New Jersey” dated May 6, 2003 with revisions, prepared by Control Point Associates, Inc. and filed in the Morris County Clerk office on July 8, 2004 as Map No, 5811.

SECTION 2. 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 3. 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 4. 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 5. This Ordinance shall take effect following final passage and publication in accordance with law.

ATTEST

_____________________________
Donna Marie Luciani, Township Clerk

TOWNSHIP OF RANDOLPH

_____________________________
Christine Carey, Mayor

LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 16-17

Notice is hereby given that an Ordinance entitled “An Ordinance of the Township of Randolph Authorizing the Transfer of a 4,730 Square Feet Portion of Block 199, Lot 46.17 to Lot 47 Located 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 June 15, 2017 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 June 29, 2017, 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 accept the transfer of a 4,730 square foot portion of Block 99, Lot 46.17 on the Official Tax Map of the Township of Randolph to the owner of Lot 47, subject to the Township first taking title to 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