Ordinance No. 21-06

Introduced: February 8, 2021
Public Hearing: February 22, 2021
Status: Adopted

An Ordinance of the Township Of Vernon, County of Sussex, State of New Jersey, Authorizing Purchase of Real Property Commonly Known as 8-20 Black Creek Drive and Identified as Lot 12, Block 391 on the Tax Map of the Township of Vernon

WHEREAS, the Township of Vernon (“Township”) has an opportunity to purchase certain real property located within the municipal boundaries, more specifically Lot 12, Block 391, also known as 8-20 Black Creek Drive (“Property”), which Property will be used for open space purposes and to facilitate a trail system, including a bike trail; and

WHEREAS, the Township had an appraisal of the Property performed by Norman J. Goldberg, Inc. dated October 9, 2020 that valued the Property at $304,000.00. The Township also obtained a second appraisal performed by Landmark I Appraisal dated October 12, 2020 that valued the Property at $290,000.00.

WHEREAS, Thomas Hussey and Mike Hussey are the owners of record of the Property and have agreed to accept $289,000.00 as the purchase price; and

WHEREAS, the Township has determined that is in the best interest of the Township to purchase the Property after receiving a clear environmental assessment, clear title search, and procuring additional open space funds to cover the cost of the purchase; and

WHEREAS, pursuant to N.J.S.A. 40A:12-1, et. seq., the acquisition of real property by a municipality must be done by way of ordinance.

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

SECTION 1

  1. The Township is authorized to acquire Lot 12, Block 391 also known as 8-20 Black Creek Drive from its owners for the sum of $289,000.00 only after: (1) obtaining a clear Phase I environmental assessment; (2) a title report reflecting the owner(s) clear title to the Property; and (3) procurement of Open Space funds to cover the cost of the purchase.
  2. After all the aforementioned contingencies are satisfied, the Mayor is hereby authorized to execute any and all documents necessary in order to effectuate the foregoing transfer of land, and the CFO is directed to issue payment in accordance with this Ordinance at closing upon provision of Certificate of Funds.

SECTION 2
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 3
Any ordinances or parts thereof in conflict with the provisions of this Ordinance are hereby repealed as to their inconsistencies only.

SECTION 4
This Ordinance shall take effect immediately as provided by law.