Ordinance No. 22-02

Introduced: January 24, 2022
Public Hearing: February 14, 2022
Status: Adopted

Ordinance of the Township of Vernon, County of Sussex, State of New Jersey, Approving Deed to Terminate Rights-of-Way and Easements on Block 5, Lot 14, Formerly Known as Block 20, Lot 29

WHEREAS, Colonial Circle Developers, LLC ("Colonial") conveyed rights-of-way and easements further described herein to the Township of Vernon ("Township") on property known as Block 5, Lot 14, formerly known as Block 20, Lot 29 (the "Property"); and

WHEREAS, the rights-of-way on the Property (the "Rights-of-Way) were conveyed from Colonial to the Township by deed dated June 14, 2004 and recorded in the Sussex County Clerk's Office on July 2, 2004 in Deed Book 02832, Page 00266; and

WHEREAS, the aforementioned Rights-of-Way were conveyed by Colonial to the Township for road purposes; and

WHEREAS, the Rights-of-Way are depicted and labeled as "50' ROW" (one 50' R.O.W. labeled "Colonial Circle" and one 50' R.O.W. unnamed) on Registered Map Number 1420 ("Registered Map), recorded September 29, 2006 in the Sussex County Clerk's Office; and

WHEREAS, Colonial conveyed a fifteen (15)-foot-wide access easement ("15' Wide Access Easement") on the Property to the Township by a Grant of Access Easement dated June 14, 2004 and recorded in the Sussex County Clerk's Office on July 2, 2004 in Deed Book 02832, Page 00270; and

WHEREAS, the 15' Wide Access Easement is depicted and labeled as "15' Wide Appalachian Trail Access Easement" on the aforementioned Registered Map; and

WHEREAS, the Township received easements for purposes of maintenance and access, drainage, and a water tank that are depicted on the aforementioned Registered Map and labeled as a 70' wide Maintenance and Access Easement, 15' Wide Drainage Easement, 15' Wide Access Easement, and a 20' x 100' Water Tank Easement (collectively, the "Easements"); and

WHEREAS, the Township wishes to extinguish and forever terminate its ownership and easement rights in the aforementioned Rights-of-Way, 15' Wide Access Easement, and the Easements, and

WHEREAS, the Local Buildings and Lands Law, N.J.S.A. 40A:12-13(b)(4) authorizes the Township to extinguish and vacate an easement and to execute a deed confirming same provided that the action is authorized by Ordinance.

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 Mayor and Clerk are hereby authorized, pursuant to N.J.S.A. 40A:12-13(b)(4), to execute a Deed to Terminate Rights-of-Way and Easements on Block 5, Lot 14 ("Deed") extinguishing and forever terminating its ownership and easement rights in the aforementioned Rights-of-Way, 15' Wide Access Easement, and the Easements. The Deed is attached hereto and has been approved by the Vernon Township Attorney.

SECTION 2
The conveyance contemplated by the Deed shall only become effective once the State of New Jersey, Department of Environmental Protection has received a conveyance of the Property from Colonial.

SECTION 3
Colonial may only record the Deed upon a concurrent execution and delivery of a deed from Colonial Developers, L.L.C., formerly known as Colonial Circle Developers, LLC, conveying the Property to the State of New Jersey, Department of Environmental Protection.

SECTION 4
In the event that Colonial does not execute a deed conveying the Property to the State of New Jersey, Department of Environmental Protection, the Deed executed by the Township shall be of no force and effect.

SECTION 5
The Township shall file with the Director of the Division of Local Government Services in the Department of Community Affairs a sworn affidavit verifying the publication of the advertisement of this Ordinance as required by N.J.S.A. 40A:12-13.

SECTION 6
This Ordinance shall take effect upon adoption and publication in the manner required by New Jersey Law.