Ordinance No. 12-09

Introduced: April 23, 2012
Public Hearing: May 14, 2012
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 159.02, Lot 26

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 interest 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 Block 159.02, Lot 26; 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 Township Council of the Township of Vernon, County of Sussex, State of New Jersey, that:

  1. The property known as Block 159.02, Lot 26 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 June 11, 2012 at 7:30 p.m. at the Municipal Building, 21 Church Street, Vernon, New Jersey.
  2. This property shall be sold subject to the following terms and conditions:
    1. The property shall be sold for not less than $200.00.
    2. The sale shall be made at public auction, after legal advertisement of this Ordinance to highest bidder.
    3. The successful bidder shall arrange for the demolition and removal of all structures at the subject premises within a reasonable period of time.
    4. The successful purchaser shall thereafter keep and maintain the subject property in its natural vacant condition.
    5. 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 reasons. The purchaser-successful bidder waives any and all right in damages or by way of damages.
    6. 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.
    7. The purchaser shall be required to pay upon the acceptance of the purchaser’s bid ten percent (10%) of the bid, plus $450.00 to cover the Township’s transaction costs, in cash 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.
    8. A Quit Claim Deed without covenants will be delivered at the office of the Township Clerk on or before thirty (30) 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.
    9. 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 systems, waterways and water easements on the premises, if any, and the continued right of maintenance and flow thereof.
    10. The purchaser shall also pay to the Township of Vernon the costs 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.
    11. The property will be sold subject to 2012 taxes, pro-rated from the Deed within thirty (30) days of the date of sale.
  3. Where all bids have been rejected a private sale is hereby authorized pursuant to N.J.S.A. 40A:12-13(b).

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