Ordinance No. 24-08

Introduced: August 7, 2008
Public Hearing: September 4, 2008
Status: Adopted

An ordinance authorizing the acquisition of certain real property known as Block 147, Lot 14 on the official tax map of the Township of Randolph (Wright property)

WHEREAS, N.J.S.A. 40A:12-5 and 20-3.1 et seq. authorize public entities to acquire real property or an interest in real property; and

WHEREAS, N.J.S.A. 40A:12-5 requires that the acquisition of an interest in real property by municipalities be accomplished by ordinance; and

WHEREAS, the Township of Randolph (“Township”) desires to acquire certain property within the Township, designated as Block 147, Lot 14 on the Official Tax Map of the Township of Randolph (the “Property”); and

WHEREAS, the Township desires to enter into an Agreement for Conveyance of Real Estate (“Agreement”) with Robert and Christine Wright (“Owner”) for the above described transaction, dated June 11, 2008, which sets forth the rights, duties and obligations of the parties; and

WHEREAS, the acquisition of the Property, for the total amount of $650,000.00 will be funded by the Township of Randolph, pursuant to appropriations from its open Space Trust Fund, and from the State of New Jersey Green Acres Funding Program; and

WHEREAS, all parties have agreed that the Township of Randolph will take title to and manage the property; and

WHEREAS, the Property is to be conveyed free and clear of any liens and encumbrances; and

WHEREAS, the Township desires to authorize the acquisition of the Property, the expenditure of the funds therefor, and the acceptance of the conveyance of the Property upon fulfillment of the provisions of the Agreement.

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 ONE. The Township of Randolph hereby authorizes the acquisition of Block 147 Lot 14 on the Official Tax Map of the Township of Randolph from Robert and Christine Wright in the total amount of $650,000.00.

SECTION TWO. The Township Council approves the terms and conditions of a certain Agreement for Conveyance of Real Estate by and between Robert and Christine Wright and the Township of Randolph, dated June 11, 2008, a copy of which is filed in the Office of the Township Clerk, subject to minor revisions thereto approved by the Township Manager as recommended by the Township Attorney that do not substantially modify the terms and conditions of the Agreement, provided that the total consideration paid under the Agreement is not increased.

SECTION THREE. The Township hereby authorizes the expenditure of an aggregate of $650,000.00 from its Municipal Open Space Trust Fund, with a portion of the same to be reimbursed to the Township through the New Jersey Green Acres Funding Program.

SECTION FOUR. The Mayor and Township Clerk are hereby authorized and directed to execute said Agreement after execution thereof by the Wrights, and said officers, together with all other officers, employees, and professionals are hereby authorized and directed to take all action necessary to effectuate the purposes of this Ordinance.

SECTION FIVE. 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 SIX. Since it is acknowledged that the purchase price of this Property may be less than the fair market value of the Property, the Township Manager is hereby authorized and directed to execute appropriate accurate and valid documents to the extent necessary to allow Owner to seek and obtain a charitable donation contribution for Internal Revenue Code purposes for the difference, if any, between the value of the Property as set forth in an appropriate appraisal prepared by a qualified appraiser at the sole cost and expense of the Owner and the $650,000.00 consideration paid for the Property under the Agreement approved hereunder.

SECTION SEVEN. The conveyance of Block 147, Lot 14 on the Official Tax Map of the Township of Randolph, County of Morris, State of New Jersey is hereby accepted upon the fulfillment of the terms and conditions of the Agreement and the closing of title and delivery of deed.

SECTION EIGHT. 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 NINE. 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 TEN. 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

_____________________________
Allen M. Napoliello

LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 24-08

NOTICE IS HEREBY GIVEN that an Ordinance entitled “An Ordinance Authorizing the Acquisition of Certain Real Property Known as Block 147, Lot 14 on the Official Tax Map of the Township of Randolph (Wright Property)” 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 August 7, 2008 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 September 4, 2008 at 8 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 ordinance introduced above authorizes the acquisition of Block 147, Lot 14, consisting of approximately 13.54 acres on the Official Tax Map of the Township of Randolph, for $650,000.00 to be funded by the State of New Jersey Green Acres Funding Program and the Township of Randolph Open Space Trust Fund.

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