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Ordinances

TOWNSHIP OF VERNON
ORDINANCE #07-26

AN ORDINANCE OF THE TOWNSHIP OF VERNON, COUNTY OF SUSSEX, STATE OF NEW JERSEY FOR THE ACQUISITION OF AN EASEMENT UPON THE PROPERTY KNOWN AND DESCRIBED AS A PORTION OF BLOCK 141 LOT 10.01

WHEREAS, Pursuant to N.J.S.A. 40A:12-5 the Township of Vernon, by ordinance, may acquire real property within the township; and

WHEREAS, the Township of Vernon, County of Sussex in the State of New Jersey has determined that it is in the public interest and welfare that the Township acquire an easement for the placement of a sanitary sewer line; and

WHEREAS, the Township finds that the acquisition of certain property is necessary for health purposes, and that a permanent easement for the construction and placement of a sanitary sewer line should be acquired;

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

Section 1. That it is necessary, required, desirable and in the best interests of the Township that it acquire an easement over the property lying within the Township of Vernon, County of Sussex, State of New Jersey, as is more fully described as follows: Block 141, Lot 10.01 as shown on the Township of Vernon tax maps and more fully described as follows:

All that certain lot, tract or parcel of land, situate, lying and being in the Township of Vernon, in the County of Sussex and the State of New Jersey., and being a part of Tax Lot 10.01, Block 141, as shown on a map entitled “Proposed Sewer Easement for Vernon Township, Lot 10.01, Block 141”, prepared by Vernon Township, dated September 27, 2006, being more particularly bounded and described as follows to wit:

See Attachments A, B and C for the metes and bounds descriptions of the sewer easement, construction easement A and construction easement B.

CONTAINING 3,094 square feet of land more or less/or 0.071 acres of land for the easement more or less.

CONTAINING 1,530 square feet of land more or less/or 0.035 acres of land more or less for construction easement A..

CONTAINING 1,563 square feet of land more or less/or 0.036 acres of land more or less for construction easement B.

Subject to easements and restrictions of record.

Section 2. That the Township Attorney or such person as are directed by him, be and he is hereby authorized, empowered and directed to obtain an appraisal for and on behalf of the Township of the hereinabove described real property for the purchase thereof by the Township.

Section 3. In the event that such Township Attorney is unable to agree with the owners of the real property herein described as to the compensation to be paid therefor, free and clear of all liens of lien holders, then said Attorney is hereby authorized to institute condemnation proceedings for the benefit of this Township for the acquisition of the real property hereinabove described for roadway easement and police/emergency communications tower easement purposes; the Township Attorney is authorized to institute such proceedings at the cost and expense of the Township; and the said Attorney is hereby authorized to institute condemnation proceedings in the name of this Township for the purpose of acquiring a sewer easement in said property in accordance with the eminent domain laws of the State of New Jersey.

Section 4. It is hereby authorized that the sum of NINE THOUSAND DOLLARS 00/100 ($9,000.00) be set aside for the necessary order of taking to acquire said property

Section 5. If any article of this ordinance or its application to any person or circumstances shall be adjudged invalid, such determination shall not affect the remaining provisions of this ordinance, and the application of such remaining provisions shall not be affected hereby and shall remain in full force and effect and to this end, the provisions of this ordinance are severable.

Section 6. This ordinance is not meant to repeal any provisions of the revised code of the Township of Vernon other than those designated herein, but to add to its requirements, and all ordinances and parts thereof inconsistent with the provisions of this ordinance are repealed to the extent of such inconsistency only.

Section 7. This ordinance shall take effect immediately upon final passage and publication as provided by 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 May 14, 2007 and the same came up for final passage at the Regular Meeting of the Township Council held on June 11, 2007, 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.

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JANET MORRISON, MAYOR

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PATRICIA LYCOSKY, R.M.C.
TOWNSHIP CLERK