Ordinance No. 17-13

Introduced: July 10, 2017
Public Hearing: July 24, 2017
Status: Adopted

An Ordinance Authorizing the Conveyance of Block 120, Lot 19.03 to the County of Sussex

WHEREAS, the County of Sussex seeks to replace and realign Bridge X-09 carrying County Route 565 over Papkating Creek in the Township of Wantage; and

WHEREAS, the project requires that the County of Sussex obtain property in the vicinity of the bridge under the control of the Wallkill River National Wildlife Refuge and owned by the United States of America; and

WHEREAS, the County of Sussex has been advised by the Realty Division of the U.S. Fish & Wildlife Service that the parties can execute a property exchange whereby the County exchanges a property of equal or greater value for the property required for the bridge project; and

WHEREAS, the County of Sussex has identified a parcel which is acceptable to the U.S. Fish and Wildlife Service for the exchange, which is Block 120, Lot 19.03 located in the Township of Vernon (hereinafter “Township”); and

WHEREAS, the Township is the owner of Block 120, Lot 19.03 (hereinafter “Property”); and

WHEREAS, the Township has, after careful consideration, determined that the Property is not needed for municipal purposes and should be conveyed to the County of Sussex for the public purpose of effectuating a land exchange to make bridge improvements; and

WHEREAS, the Township is authorized to convey the Property to the County of Sussex pursuant to the Local Lands and Buildings Law, N.J.S.A. 40A:12-13(b)(1); and

WHEREAS, the Township has negotiated with the County of Sussex to convey the Property; to be used for the public purpose of effectuating the land exchange to make bridge improvements; and

WHEREAS, the negotiations have resulted in an agreement which is subject to the approval and ratification of the Council of the Township of Vernon, and a Contract for Conveyance of Property has been reviewed, revised and approved as to form by the Township Attorney; and

WHEREAS, the Contract sets forth the terms and conditions of the conveyance of the Property by the Township of Vernon to the County of Sussex, and calls for a sale price of $15,510.13 which is the assessed value of the property; and

WHEREAS, the Township has determined that such a conveyance of the Property to the County of Sussex shall serve the general health, welfare, and benefit of the greater public; and

NOW, THEREFORE BE IT RESOLVED by the Council of the Township of Vernon that:

Section One:

  1. The Township Council hereby declares that the Property is neither used nor presently or in the future needed for municipal public purposes.
  2. The Township Council does hereby, pursuant to N.J.S.A. 40A:12-13(b)(1), authorize a private sale, for consideration of $15,510.13, to the County of Sussex, of the Property.
  3. The Mayor, Township Administrator, Township Attorney, Township Clerk or such other Township officials as the law may provide, are hereby authorized to prepare and execute such documents as may be required to effect the private sale authorized by this Ordinance and the transfer of title to the Property to the County of Sussex, including but not limited to a Contract of Sale, Deed and Affidavit of title, which documents shall be subject to the review and approval by the Township Attorney.
  4. The conveyance of the Property is strictly “AS IS.” No representation is made by the Township as to the utility, usability or environmental condition of the Property.

Section Two: Each section of this ordinance is an independent section, and the holding of any section or part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof.

Section Three: That all ordinances and parts of ordinances and conflicts that are inconsistent with this ordinance are hereby repealed but only to the extent of such conflict or inconsistency.

Section Four: This ordinance shall take effect after final passage and upon expiration of twenty (20) days following publication unless otherwise provided by law.