Town Ordinances

ORDINANCE NO. 17 - 2010

ORDINANCE NO. 17-2010

 

AN ORDINANCE AUTHORIZING THE ACQUISITION AND ACCEPTANCE OF AN EXPANSION AND RECONFIGURATION OF THE EXISTING PERPETUAL EASEMENT FOR PUBLIC SANITARY SEWER PURPOSES ON BLOCK 171, LOT 1 IN THE BOROUGH OF MORRIS PLAINS, KNOWN AS 250 JOHNSON ROAD.

 

WHEREAS, the Borough now holds a perpetual easement for public sanitary sewer purposes on Block 171, Lot 1, known as 250 Johnson Road, Morris Plains (the "Property"), which is presently owned by Mack-Cali Realty Corporation ("Mack-Cali"); and

WHEREAS,
the existing perpetual easement, as set forth in an Easement dated February 28, 1973 and recorded April 13, 1973 in Deed Book 2249, Page 539, consists of an area of +5625 square feet, more or less, which now contains the Johnson Road Pumping Station; and

WHEREAS, the Borough anticipates the need to upgrade and replace the Johnson Road Pumping Station in the near future, which would require the construction of a new pumping station before the existing pumping station may be decommissioned and abandoned; and

WHEREAS, the Borough now wishes to expand its existing perpetual easement on the Property to include additional lands adjacent to the existing easement area to allow for construction of the new pumping station; and

WHEREAS, the Borough Council also wishes to allow for the slight reconfiguration of the existing easement area, so that the new modified and reconfigured perpetual easement would consist of approximately +8,420 square feet of land, more or less, on the Property for public sanitary sewer purposes;

 

WHEREAS, based upon the assessed value of the lands, the Borough wishes to acquire the additional easement area allowing for the modified perpetual easement area for the sum of $10,000.00, and Mack-Cali has agreed to convey the additional easement area and modify the perpetual easement area for the sum stated; and

WHEREAS, the Borough Council of the Borough of Morris Plains is desirous of accepting the expansion of said perpetual easement for public sanitary sewer purposes on, over, through and across the Property known as 250 Johnson Road, Lot 1, Block 171 in the Borough of Morris Plains; and

WHEREAS, the Borough Treasurer/Chief Financial Officer of the Borough of Morris Plains has determined that there are sufficient funds available to acquire said easement interest in the aforesaid Property.

NOW, THEREFORE, BE IT ORDAINED, by the Borough Council of the Borough of Morris Plains, they being the Governing Body thereof, as follows:

Section l:

The Borough Council hereby authorizes and approves the acquisition for the purchase price of $10,000.00, from Mack-Cali Realty Corporation, of the perpetual easement interest in certain real property known as 250 Johnson Road and designated as Block 171, Lot 1 on the Tax Maps of the Borough of Morris Plains, consisting of approximately +2,795 square feet of land, more or less, which easement shall be adjacent to the Borough’s existing perpetual easement area and the reconfiguration of the existing easement area so that the resulting modified public sanitary sewer easement on the Property would consist of approximately +8,420 square feet of land, more or less, as shown on the attached sketch map prepared by Anderson & Denzler, dated August 25, 2006 and revised to November 29, 2010.

Section 2:

The appropriate Borough officials are hereby authorized to take all necessary and proper steps to effectuate and finalize the acquisition, including but not limited to preparation of a real estate contract, if required, a metes and bounds description of the final alignment of the modified easement area approved by the Borough Engineer, acquisition of title commitment and preparation of all necessary closing documents. The Mayor and Clerk are hereby authorized and directed to execute the appropriate closing documents in the form approved by the Borough Attorney.

Section 3:

If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid by Court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this Ordinances.

Section 4:

This Ordinance shall take effect after final passage and publication in accordance with law.

 

Frank J. Druetzler, Mayor

Introduced: December 2, 2010

Adopted: December 16, 2010