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Office
of the Township Clerk
Ordinances
TOWNSHIP
OF VERNON
ORDINANCE #04-17
AN ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS FOR
THE ACQUISITION OF PART OF BLOCK 142 LOT 6
WHEREAS, the Township of Vernon may acquire real property
within the Township by Ordinance pursuant to NJSA 40A:12-5;
and
WHEREAS, the Township has embarked upon the acquisition
of property for the construction of the "Main Street"
project for the development of the town center which was
recently approved by way of Town Center Designation by
the State of New Jersey; and
WHEREAS,
the Township requires acquisition of part of Block 142
Lot 6 in conjunction with other acquisitions to construct
"Main Street"; and
WHEREAS, the Township has determined that it is the public
interest and welfare for the Township to acquire the requisite
part of Block 142 Lot 6 for the public purpose of street
development.
NOW,
THEREFORE, BE IT ORDAINED by the Township Council of the
Township of Vernon, County of Sussex and State of New
Jersey as follows:
Section
1. That it is necessary, required and desirable and in
the best interest of the Township to acquire part of Block
142 Lot 6 lying situate in the Township of Vernon, County
of Sussex and State of New Jersey, as is more fully described
as part of Block 142 Lot 6 as shown on the Township of
Vernon tax maps and more fully described on the metes
and bounds description prepared by Maser Consulting, dated
June 2, 2003, Project VTT-010, and attached hereto and
made a part hereof as Exhibit A (the "Property").
Section
2. That the Township Manager or his designees be and he
is hereby authorized, empowered and directed to negotiate
for and on behalf of the Township with the owner of the
Property for the purchase thereof by the Township.
Section
3. That, in the event that the Township Manager is unable
to agree with the owner of the Property as to the compensation
to be paid therefore, free and clear of all encumbrances
and liens of lien holders, then the Township Attorney
is hereby authorized and directed to institute condemnation
proceedings for the benefit of the Township for the acquisition
of the Property for the public purpose of street development
in the Township; the Township Attorney is authorized to
institute such proceedings at the cost and expense of
the Township; and the Township Attorney is hereby authorized
to institute condemnation proceedings in the name of the
Township of Vernon for the purpose of acquiring the Property
for street construction in accordance with the eminent
domain laws of the State of New Jersey.
Section
4. That it is hereby authorized that the sum of eighty
two thousand dollars and 00/100 ($82,000.00) be set aside
for the necessary Order of Taking to acquire said property.
Section
5. All ordinances or parts of ordinances or resolutions
that are in conflict with the provisions of this Ordinance
are repealed to the extent necessary.
Section
6. If any article, section, subsection, term or condition
of this Ordinance is declared invalid or illegal for any
reason, the balance of the Ordinance shall be deemed severable
and shall remain in full force and effect.
Section
7. This Ordinance shall take effect after publication
and passage according to law.
NOTICE
NOTICE
IS HEREBY GIVEN that the above ordinance was introduced
and passed on first reading at the Regular Meeting of
the Township Council of the Township of Vernon in the
County of Sussex, State of New Jersey held in the Municipal
Building on April 26, 2004 and the same came up for final
passage at the Regular Meeting of the Township Council
held on May 10, 2004, at which time, after persons interested
were given an opportunity to be heard concerning said
ordinance, the same was passed and will be in full force
in the Township according to law.
________________________
IRA WEINER, MAYOR
____________________________
PATRICIA A. LYCOSKY, R.M.C.
TOWNSHIP CLERK
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