Ordinance No. 11-02

Introduced: February 28, 2011
Public Hearing: March 14, 2011
Status: Adopted

An ordinance of the Township of Vernon, County of Sussex, State of New Jersey authorizing the sale of certain property owned by the township and not required for public purposes and more commonly known as Block 142.01 Lot 1

WHEREAS, the Local Lands and Buildings Law, N.J.S.A. 40A:12-13 authorizes the sale by municipalities of any real property, capital improvements or personal property or interests therein, not needed for public use by open public sale at auction to the highest bidder after the required newspaper advertisements; and

WHEREAS, the Township of Vernon is the owner of certain real property known as the Faline Building, Block 142.01 Lot 1; and

WHEREAS, said property is not needed for public use, and the Township Council has determined that it is in the best interest of the Township to sell the property; and

NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Township of Vernon, County of Sussex, State of New Jersey, that:

  1. The property known as Block 142.01 Lot 1 shall be offered for sale by open public sale at auction to the highest bidder, pursuant to N.J.S.A. 40A:12-13. Said auction shall be conducted on April 11, 2011 at 7:00 p.m. at the Municipal Building, 21 Church Street, Vernon, New Jersey.
  2. The property shall be open for inspection by perspective bidders on: Tuesday, March 15, 2011 from 12:00pm to 4:00pm; and Tuesday, March 22, 2011 from 12:00pm to 4:00pm. Requests for additional inspections may be made up to 7 days before the date of auction and will be honored to the extent possible.
  3. The said property shall be sold subject to the following terms and conditions:
    1. The said property shall be sold for not less than $398,000.00.
    2. The sale shall be made at public auction, after legal advertisement of this Ordinance, and shall be to highest bidder.
    3. The Township does not warrant or certify title to the property and in no event shall the Township of Vernon be liable for any damages to the purchaser-successful bidder if title is found unmarketable for any reason and the purchaser-successful bidder waives any and all right in damages or by way of liens against the Township. The property shall be conveyed by Quit Claim Deed. The sole remedy being the right to receive a refund prior to closing the ten percent (10%) deposit paid in the event title is found unmarketable. It shall be the obligation of the successful purchaser to examine title to said premises prior to the closing. In the event of closing and a later finding of defect of title, the Township shall not be responsible for same, shall not be required to refund money or correct any defect in title or be held liable for damages.
    4. Acceptance of the highest bid shall constitute a binding agreement of sale and the purchaser shall be deemed to agree to comply with the terms and conditions of the sale herein contained.
    5. The purchaser shall be required to pay upon the acceptance of the purchaser’s bid ten percent (10%) of the bid, in case or check; said payment shall be returned to the purchaser without interest, if the title to said property is legally determined to be unmarketable, providing claim is made therefore within ninety (90) days after the sale.
    6. A Deed will be delivered at the office of the Township Clerk on or before ninety (90) days after the date of the sale, at which time and place the balance of the purchase price shall be required to be paid in cash or certified check. The Mayor and Clerk are hereby authorized to execute said Deed.
    7. The Deed of Conveyance will be subject to all matters of record, which may affect title herein, what an accurate survey may reveal, the Ordinances of the Township of Vernon and reserving an easement for all natural or constructed drainage or utility systems, waterways and water easements on the premises, if any, and the continued right of maintenance and flow thereof.
    8. The purchaser shall also pay to the Township of Vernon the cost of preparation of this Ordinance and the Deed of Conveyance plus all charges of sale, including the cost of advertisement, the notice of public sale and all other instruments necessary or required by law at the time of the sale, which shall not exceed $1,500.00.
    9. The property will be sold subject to 2011 taxes, pro rated from the date of sale.
    10. The governing body does hereby reserve the right to withdraw this offer to sell, or upon completion of the bidding to accept or reject any or all bids for said property or to waive any informality in relation thereto.
    11. Building is sold strictly “as is”. The Township makes no representation regarding the condition of the building, potential use and/or environmental conditions.
    12. The property owner shall comply with all Township Ordinances regarding sewer connections and fees. The Township represents that the subject property has a sewer allocation of 500 gallons provided that applicable fees are paid and the Township sewer main is activated.
    13. The property owner shall be responsible for acquiring a water supply for the building.

Effective Date. This Ordinance shall take effect upon final passage and publication as provided by law.