Ordinance No. 20-14

Introduced: June 12, 2014
Public Hearing: June 26, 2014
Status: Adopted

An ordinance accepting a declaration of covenant and restriction preserving Block 48, Lot 2 and Block 47, Lot 34 on the official tax map of the Township of Randolph for open space purposes

WHEREAS, Calais Road Farms, LLC (“Owner”) holds fee simple title to and has possession of certain lands in the Township of Randolph, County of Morris, State of New Jersey known as Block 48, Lot 2 and Block 47, Lot 34 on the Official Tax Map of the Township of Randolph (“Premises”); and

WHEREAS, the Owner is desirous of imposing in favor of the Township of Randolph (“Township”) a Declaration of Covenant and Restriction to preserve the Premises for open space purposes with the exception of a five acre portion which may be subdivided in the future for the development of a single family home;

WHEREAS, it is in the interest of the general public and welfare of the Township that the Premises shall at all times remain subject to the Declaration of Covenant and Restriction unless relinquished by formal action by the Township or until title is transferred to the Township in fee simple, free and clear of all liens and encumbrances; and

WHEREAS, the Township desires to accept the conveyance of the Declaration of Covenant and Restriction.

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 a certain Declaration of Covenant and Restriction dated April 23, 2014 by and between the Township of Randolph and Calais Road Farms, LLC are hereby approved, ratified and confirmed by the Township of Randolph.

SECTION 2. The Mayor and Township Clerk are hereby authorized to execute said Declaration of Covenant and Restriction after its execution 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.

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 All ordinances of the Township of Randolph which are inconsistent with the provisions of this Ordinance are hereby repealed as to the extent of such inconsistency.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

_____________________________
James Loveys, Mayor

LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 20-14

Notice is hereby given that an Ordinance entitled “An Ordinance Accepting a Declaration of Covenant and Restriction Preserving Block 48, Lot 2 and Block 47, Lot 34 on the Official Tax Map of the Township of Randolph for Open Space Purposes” 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 12, 2014 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 June 26, 2014 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 accept the conveyance of the Declaration of Covenant and Restriction preserving Block 48, Lot 2 and Block 47, Lot 34 on the Official Tax Map of the Township of Randolph for open space purposes, with the exception of a five acre portion which may be subdivided for the development of a single family home.

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