Ordinance No. 15-03

Introduced: February 19, 2015
Public Hearing: March 9, 2015
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, more specifically unused water transmission mains

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 property where water transmission mains that have not been used; and

WHEREAS, the Township has no water utility; 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 to a regulated Utility to provide future water service; and

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

1. Title to water transmission mains with a construction, repair, and maintenance easement extending approximately 10 feet on either side of the currently existing pipe shall be offered for public sale at auction to the highest bidder, pursuant to N.J.S.A. 40A:12-13. Said auction shall be conducted on March 23, 2015 at 7:00 p.m. at the Municipal Building, 21 Church Street, Vernon, New Jersey. The property is more specifically described as:

Water transmission main consisting of the 12 inch ductile iron water transmission main and associated appurtenances located within New Jersey State Highway Route 94 owned by the Township of Vernon. This water transmission main begins at the intersection of New Jersey State Highway Route 94 and Church Street/Main Street and ends at point along New Jersey State Highway approximately 915 feet to the south. Said water transmission main also consists of a section of the water transmission main located within Church Street owned by the Township of Vernon. This section consists of an 8 inch ductile iron water transmission main and associated appurtenances and begins at the intersection of New Jersey State Highway Route 94 and runs along Church Street to the west for approximately 285 feet to the intersection of Church Street and Omega Drive. Location of said water transmission mains are shown on the map attached to this Ordinance as Schedule A.

2. The said property shall be sold subject to the following terms and conditions:

  1. The said property shall be sold for not less than $151,000.00.
  2. The sale shall be made at public auction, after legal advertisement of this Ordinance, and shall be to highest bidder.
  3. The water transmission mains are sold as is and without and representations or warranties.
  4. The successful bidder shall have 30 days following the auction to conduct any testing of the water transmission mains at terms agreed to by the Township of Vernon and under the supervision of the Municipal Engineer.
  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 reason and the purchaser-successful bidder waives any and all right in damages or by way of liens against the Township. The sole remedy being the right to receive a refund prior to closing of 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.
  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 $1,000.00 to cover the Township’s transaction costs, in cash or check.
  8. A Bill of Sale and Easement 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 Documents.
  9. The Easement shall only relate to the portion of property owned by the Township of Vernon. The purchaser shall be responsible to obtain an Easement or Assignment for any property owned by a third party, including the State of New Jersey.
  10. The transaction will be subject to all matters of record, which may affect title herein and what an accurate survey may reveal.
  11. The Township Council 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.
  12. A Bidder must be a regulated water utility authorized to serve Vernon Township in order to bid.

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

Schedule A