Ordinance No. 25-13

Introduced: October 24, 2013
Public Hearing: December 5, 2013
Status: Adopted

An ordinance of the Township of Randolph authorizing the acquisition of a portion of Block 222, Lot 11 (17 Drake Court) located within the Township of Randolph from Michael & Ellen Koch for municipal public purposes

Easement Map  (78 KB)

WHEREAS, pursuant to N.J.S.A. 40A:12-1, et seq., the Township of Randolph ((Township() may acquire such lands and buildings as may be necessary and suitable for municipal public purposes; and

WHEREAS, Michael and Ellen Koch (“Owners”) are the owners of certain property located within the Township of Randolph and designated as Block 222, Lot 11 on the Official Tax Map of the Township of Randolph ((Property(); and

WHEREAS, the Township desires to acquire a 2,749 square foot portion of the Property so that the Township can construct an extensive upgrade to the Randolph Township sanitary sewer conveyance system expanding the conveyance capacity to the Butterworth treatment plant in Morris Township as required; and

WHEREAS, it was originally contemplated that the acquisition would consists of an easement, however all parties agree that transfer of fee title is more appropriate; and

WHEREAS, the Township offered to acquire the 2,749 square foot portion of the Property for $8,000.00 and said offer was formally accepted by the Owners on October 8, 2013; and

WHEREAS, the Township desires to acquire said Property for municipal public purposes as set forth above, subject to the Township obtaining approval from the Township Planning Board to subdivide the 2,749 square foot portion of the Property from the remainder of the Property that will continue to be owned by Owners.

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 Township hereby authorizes the acquisition of a 2,749 square foot portion of Block 222, Lot 11 on the Official Tax Map of the Township of Randolph, as specifically set forth on the attached Easement Map which is attached hereto as Exhibit A, and the expenditure of the funds in order to acquire said property. Said authorization is subject to the Township first obtaining subdivision approval from the Township Planning Board.

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

_____________________________
Thomas MacArthur, Mayor

LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 25-13

Notice is hereby given that an Ordinance entitled (An Ordinance Of The Township Of Randolph Authorizing The Acquisition Of A Portion Of Block 222, Lot 11 (17 Drake Court) Located Within The Township Of Randolph From Michael & Ellen Koch For Municipal Public 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 October 24, 2013, 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 December 5, 2013, 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 authorize the acquisition of a 2,749 square-foot portion of Block 222, Lot 11 (17 Drake Court) located within the Township of Randolph currently owned by Michael and Ellen Koch for the construction of an extensive upgrade to the Randolph Township sanitary sewer conveyance system expanding the conveyance capacity to the Butterworth treatment plant in Morris Township as required. The Ordinance also authorizes the expenditure of $8,000.00 for the acquisition of the Property. The acquisition is subject to the Township first obtaining subdivision approval from the Township Planning Board.

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