Ordinance No. 18-17

Introduced: July 6, 2017
Public Hearing: July 27, 2017
Status: Adopted

An ordinance authorizing (i) the acquisition of real property currently known and described as a portion of Block 86, Lot 63 on the official tax map of the Township of Randolph for public open space and park purposes, passive recreation, active recreation and other public uses; (ii) the acquisition of a declaration of covenants and restrictions limiting uses on a portion of Block 86, Lot 63 on the official tax map of the Township of Randolph; (iii) the acquisition of a portion of Block 86, Lot 63 along Church Road (for the benefit of the Township of Randolph); and (iv) the acquisition of a portion of Block 86, Lot 63 along Sussex Turnpike (for the benefit of the County of Morris), and authorizing all actions necessary to implement and effect the acquisition of the property

WHEREAS, N.J.S.A. 40A:12-5 and N.J.S.A. 20:3-1 et seq. authorize public entities to acquire real property or interests in real property; and

WHEREAS, the Township Council of the Township of Randolph (“Council” or “Township”) has deemed it necessary to acquire certain real property and interests in real property in the Township currently known as Block 86, Lot 63 on the Official Tax Map of the Township of Randolph (the “Property”); and

WHEREAS, the current owner of the Property is MLR Holdings, L.L.C. (“MLR”); and

WHEREAS, negotiations have ensued between the Township and MLR and have resulted in an Agreement for the Township to acquire portions of the Property and certain interests in the Property in consideration of the payment of SIX HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($675,000.00); and

WHEREAS, there has been prepared a certain “Contract for Conveyance of Real Estate” Between MLR, as Seller, and the Township, as Buyer, dated as of June 29, 2017, setting forth the rights, duties and obligations of the parties in connection with the sale and purchase of the Property; and

WHEREAS, the Township desires to approve the terms and conditions of said Contract for Conveyance of Real Estate, authorize its execution and authorize the acquisition of the Property in accordance with the terms and conditions of said Contract for Conveyance of Real Estate; and

WHEREAS, the Township further desires to authorize the execution of additional related Agreements and documents, including, without limitation, Escrow Agreements, Affidavits, Post-Closing Documents, Closing Statements, Internal Revenue Service and Code Forms and all other documents and Agreements necessary to effectuate the purposes of this Ordinance and the acquisition of the Property and various interests therein.

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

SECTION 1. All the terms and conditions of a certain Contract for Conveyance of Real Estate by and between MLR Holdings, L.L.C. (“MLR”) as Seller and the Township of Randolph (“Township”), as Buyer, dated as of June 29, 2017, for the acquisition of certain real property and interests in real property in the Township currently known as Block 86, Lot 63 on the Official Tax Map of the Township (the “Property”), in and for the consideration of SIX HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($675,000.00) to be paid by the Township to MLR, be and the same are hereby approved, ratified and confirmed by the Township, subject to any non-material, minor and insubstantial changes that may be made in the final form of the Contract for Conveyance of Real Estate and other attached documents, as approved by the Township Manager on the advice of counsel and/or other professionals of the Township, PROVIDED, HOWEVER, that the purchase price of SIX HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($675,000.00), and the description various interests in the Property to be acquired by the Township, shall not be modified.

SECTION 2. By virtue of the introduction and adoption of this Ordinance and the taking of other actions, the Township hereby authorizes the expenditure of the purchase price of SIX HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($675,000.00) and any appropriate ancillary costs related to the acquisition, together with the expenditure of the requisite costs and disbursements related to the consummation of the transaction of the acquisition of the Property.

SECTION 3. The Mayor and Township Clerk, be and are hereby authorized to execute the Contract for Conveyance of Real Estate in substantially the same form as approved herein and the Mayor, Township Council, Clerk and such other officials, consultants, agents, professionals and employees of the Township as may be necessary and appropriate shall be, and are hereby authorized to pursue the implementation of the Contract for Conveyance of Real Estate and to take all steps necessary to effectuate and implement the same and the ultimate acquisition of the Property, including, without limitation, the purchase of Title Insurance and Environmental Insurance as may be appropriate, and the execution of additional related Agreements and documents, including, without limitation, appropriate related Escrow Agreements, Affidavits, Post-Closing Documents, Closing Statements, Internal Revenue Service and Code forms and all other documents and Agreements necessary to effectuate the purposes of this Ordinance and the acquisition of the Property.

SECTION 4. Subject to the terms and conditions of the Contract for Conveyance of Real Estate, in conjunction with such acquisition, the Township hereby reserves and shall reserve any and all rights it has, or may have, or shall in the future have in connection with the acquisition and ownership of the Property.

SECTION 5. All Ordinances previously adopted in connection with this acquisition shall remain in full force and effect, except to the extent that the same are inconsistent with the terms and conditions of this Ordinance.

SECTION 6. All ordinances, resolutions and regulations or parts of ordinances, resolutions and regulations inconsistent herewith are hereby repealed to the extent of such inconsistency.

SECTION 7. If any section, paragraph, article, subdivision, clause or provision of this Ordinance shall be adjudged invalid, such adjudication shall apply to the section, paragraph, article, subdivision, clause or provision so adjudged and the remainder of this Ordinance shall be deemed valid and effective.

SECTION 8. This Ordinance shall take effect after approval and publication as required by law.

ATTEST

_____________________________
Donna Marie Luciani, Township Clerk

TOWNSHIP OF RANDOLPH

_____________________________
Christine Carey, Mayor

LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 18-17

NOTICE IS HEREBY GIVEN, that the foregoing Ordinance entitled “AN ORDINANCE AUTHORIZING (i) THE ACQUISITION OF REAL PROPERTY CURRENTLY KNOWN AND DESCRIBED AS A PORTION OF BLOCK 86, LOT 63 ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF RANDOLPH FOR PUBLIC OPEN SPACE AND PARK PURPOSES, PASSIVE RECREATION, ACTIVE RECREATION AND OTHER PUBLIC USES; (ii THE ACQUISITION OF A DECLARATION OF COVENANTS AND RESTRICTIONS LIMITING USES ON A PORTION OF BLOCK 86, LOT 63 ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF RANDOLPH; (iii) THE ACQUISITION OF A PORTION OF BLOCK 86, LOT 63 ALONG CHURCH ROAD (FOR THE BENEFIT OF THE TOWNSHIP OF RANDOLPH); AND (iv) THE ACQUISITION OF A PORTION OF BLOCK 86, LOT 63 ALONG SUSSEX TURNPIKE (FOR THE BENEFIT OF THE COUNTY OF MORRIS), AND AUTHORIZING ALL ACTIONS NECESSARY TO IMPLEMENT AND EFFECT THE ACQUISITION OF THE PROPERTY” was introduced, read by title and passed on the first reading at a meeting held on July 6, 2017. A Statement of Purpose of the Ordinance is contained below. The Council of the Township of Randolph will further consider the Ordinance for second reading and final passage thereof at their meeting to be held on July 27, 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 Township Council 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 certain property and interests in property formally known as Block 86, Lot 63 on the Official Tax Map of the Township of Randolph for public open space and park purposes, passive recreation, active recreation and other public uses for the purchase price of SIX HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($675,000.00). The Property is commonly known as the Mount Freedom Golf property located at 1275 Sussex Turnpike in the Township. The Township is acquiring approximately 12 acres of Block 86, Lot 63 in fee title and further obtaining a Declaration of Covenants and Restrictions, limiting the use of the remaining portion of the Property solely to recreation and conservation purposes (except for approximately 9,775 square feet), all as delineated on a certain map entitled “Minor Subdivision Plan MLR Holdings, L.L.C., Block 86, Lot 63, 1275 Sussex Turnpike, Township of Randolph, Morris County, New Jersey,” prepared by Bowman Consulting, dated 4/21/17. There will also be a conveyance of a strip of property along Sussex Turnpike (to the County of Morris) and along Church Road to the Township of Randolph for future road widening and other purposes. The Ordinance approves the terms and conditions of a Contract for Conveyance of Real Estate, authorizes its execution by the Mayor and Township Clerk and authorizes other employees, officials and professionals of the Township to take all steps necessary to implement the acquisition of the Property. The Ordinance also authorizes the execution of ancillary related documents such as the Closing Statements, Affidavits, Post-Closing Agreements, Escrow Agreements, Internal Revenue Code forms and all other typical documents associated with an acquisition of property. It also authorizes non-material modifications in the final form of the Contract for Conveyance of Real Estate and other attached documents, provided that the purchase price and certain other provisions are not modified. The Ordinance authorizes the purchase of Title Insurance and Environmental Insurance as appropriate.

A copy of the full Ordinance is available to any member of the general public, without cost, at the Municipal Building, 506 Millbrook Avenue, Randolph, New Jersey at the Office of the Township Clerk, Monday through Friday, 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