Ordinance No. 39-07

Introduced: December 6, 2007
Public Hearing: December 20, 2007
Status: Adopted

An ordinance of the Township of Randolph authorizing the acquisition of a portion of Block 146, Lots 79 and 79Q located within the Township of Randolph from Raymond and Elke Rebernik for municipal public purposes

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, Raymond F. Rebernik and Elke Rebernik (“The Reberniks”) are the owners of certain property located within the Township of Randolph and designated as Block 146, Lots 79 and 79Q on the Official Tax Map of the Township of Randolph (“Property”); and

WHEREAS, The Reberniks have offered to sell an approximately 5-acre portion of the aforementioned Property to the Township, which is located in the rear of the Property as specifically delineated on plans entitled “Minor Subdivision, Township of Randolph, Morris County, New Jersey,” prepared by Jaman Engineering Associates, dated May 18, 2007 and consisting of two sheets; and

WHEREAS, the Township desires to acquire said Property for municipal public purposes, for use as passive recreation, open space preservation and protection of the Millbrook Valley.

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 appropriate Township of Randolph officials are hereby authorized and directed to execute a certain Contract for Sale of Real Property by and between the Township of Randolph and Raymond F. Rebernik and Elke Rebernik, dated November 7, 2007, for the purchase of certain real property designated as a 5-acre portion of Block 146, Lots 79 and 79Q on the Official Tax Map of the Township of Randolph for the total purchase price of Two Hundred Forty-Five Thousand Dollars ($245,000.00) for municipal public purposes. One Hundred Fifteen Thousand Nine Hundred Seventy-Six Dollars ($115,976.00) of the total purchase price shall be provided from the Morris County Open Space and Farmland Preservation Trust and One Hundred Twenty-Nine Thousand Twenty-Four Dollars ($129,024.00) of the total purchase price shall be provided from the State of New Jersey Green Acres funding Program and the Township of Randolph. All parties have agreed that the Township of Randolph shall take title to and manage the Property.

SECTION TWO. 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 THREE. 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 FOUR. 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 FIVE. This Ordinance shall take effect following final passage and publication in accordance with law.

ATTEST

_____________________________
Donna Marie Luciani, Township Clerk

TOWNSHIP OF RANDOLPH

_____________________________
Michael Obremski, Mayor

CERTIFICATION

I, Donna Marie Luciani, Township Clerk, Township of Randolph, County of Morris, State of New Jersey, do hereby certify the foregoing to be a true copy of an Ordinance introduced, read by title, and passed on first reading at a regular meeting of the Randolph Township Council held on December 6, 2007 and adopted by the Governing Body at a regular meeting of the Township held on December 20, 2007.

_____________________________
Donna Marie Luciani, Township Clerk

LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 39-07

NOTICE IS HEREBY GIVEN that an Ordinance entitled “An Ordinance of the Township of Randolph Authorizing the Acquisition of a Portion of Block 146, Lots 79 and 79Q Located Within the Township of Randolph from Raymond and Elke Rebernik 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 December 6, 2007 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 December 20, 2007 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 purpose of this Ordinance is to acquire certain real property located within the Township of Randolph currently owned by Raymond and Elke Rebernik and identified as a 5-acre portion of Block 146, Lots 79 and 79Q on the Official Tax Map of the Township of Randolph for municipal public purposes, to be used for passive recreation, open space preservation and protection of the Millbrook Valley.

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