Ordinance No. 20-17

Introduced: September 14, 2020
Public Hearing: September 28, 2020
Status: Adopted

Ordinance of the Township of Vernon, County of Sussex, State of New Jersey, Authorizing Acceptance of an Amended Easement for the Property Known as Block 395, Lot 4 on the Official Tax Map of the Township of Vernon

WHEREAS, N.J.S.A. 40A:12-4 authorizes a municipality to acquire easements; and

WHEREAS, N.J.S.A. 40A:12-5 requires that the acquisition of easements by municipalities be accomplished by ordinance; and

WHEREAS, the Vernon Township Police Athletic League (“PAL”) is the owner of certain property formally known as Block 394, Lot 4 (“Property”) on the Official Tax Map of the Township of Vernon (“Township”); and

WHEREAS, the PAL previously granted the Township a utility easement at the Property; and

WHEREAS, the Township now seeks an amendment to the existing easement to allow access for recreational purposes including, but not limited to trails for hiking, biking, and other recreational purposes for the Township’s benefit; and

WHEREAS, the PAL has agreed to grant an amended easement to the Township; and

WHEREAS, a determination has been made that it is in the best interests of the Township to accept the amended easement and the Township desires to accept the conveyance of the amended easement.

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

SECTION 1
The amended easement for use of the Property, as set forth in the attached Amendment to Easement by and between the PAL and the Township, is hereby accepted.

SECTION 2
The Mayor and Township Clerk are hereby authorized to execute the Amendment to Easement after execution of same by the PAL and together with all other appropriate officers and employees of the Township are hereby authorized to take any and all steps necessary to effectuate the purposes of this Ordinance. The Township hereby authorizes and approves any non-substantive modifications to the Amendment to Easement recommended and approved by the Township Attorney prior to execution.

SECTION 3
The Township Tax Collector and Tax Assessor are hereby authorized to take any action necessary to further the purpose of this Ordinance.

SECTION 4
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 of constitutionality of any other sections or parts thereof.

SECTION 5
Any ordinances or parts thereof in conflict with the provisions of this Ordinance are hereby repealed as to their inconsistencies only.

SECTION 6
This Ordinance shall take effect immediately as provided by law