Introduced: July 27, 2023
Public Hearing: September 7, 2023
Please note: An Ordinance Authorizing the Private Sale of Property Known as Block 80, Lot 10 - 9 Birch Street
- WHEREAS, the Local Lands and Buildings Law, N.J.S.A. 40A:12-13 et seq., authorizes the sale by municipalities of any real property, capital improvements, or personal property, or interest therein, not needed for public use by sale in the manner provided by law; and WHEREAS, the Township of Randolph ("Township") is the owner of certain land and premises within the Township known as Block 80, Lot 10 on the Official Tax Map of the Township, commonly known as 9 Birch Street; and
- WHEREAS, the Mayor and Council of the Township of Randolph have determined that said land is no longer needed for public use; and
- WHEREAS, said land is less than the minimum size for development as per the Township’s zoning ordinance and contains no capital improvements; and
- WHEREAS, the Township desires to make available said lot for private sale pursuant to N.J.S.A. 40A:12-13(b)(5); and
- WHEREAS, pursuant to N.J.S.A. 40A:12-13(b)(5), the Township solicited offers for the purchase of said land from contiguous property owners; and
- WHEREAS, one offer in the amount of $17,000.00 was received from Haramlambos Spiropoulus and Konstanino Kostas (also known as Konstanino Staikos); and
- WHEREAS, the Township desires to authorize the private sale of Block 80, Lot 10 to Haramlambos Spiropoulus and Konstanino Kostas (also known as Konstanino Staikos) for the sale price of $17,000.00,
- NOW, THEREFORE, BE IT ORDAINED, by the governing body of the Township of Randolph, County of Morris, State of New Jersey as follows:
The Township hereby authorizes the private sale in accordance with N.J.S.A. 40A:12-13(b)(5) of Block 80, Lot 10 (9 Birch Street) to Haramlambos Spiropoulus and Konstanino Kostas (also known as Konstanino Staikos) for the total sale price of Seventeen Thousand Dollars ($17,000.00) subject to the terms and conditions as set forth below.
The sale of the property is subject to the following conditions.
A. The Buyer shall submit to the Township upon request, a copy of the deed for the contiguous property.
B. The Buyer shall pay at the time of closing:
- The entire purchase price.
- All costs associated with the sale of the property, including but not limited to, the cost of preparation of all legal documentation, survey(s), any title work, cost of advertisement of the sale and the cost of recording the deeds, which deeds shall be recorded on behalf of the purchaser by the Township Attorney.
- Prorated real estate taxes for the balance of the current year as of the date of the closing.
C. The Buyer shall abide by the appropriate zoning, subdivision, health and building regulations, and stipulate that this sale will not be used as grounds to support any variance from said regulations.
D. The Buyer shall merge the property conveyed with the Buyer’s existing lot to create one tax lot and agrees with the imposition of a deed restriction on the property prohibiting further subdivision of the resulting merged lot.
E. The description of the property is intended as a general guide only and may not be accurate. NO REPRESENTATIONS OF ANY KIND ARE MADE BY THE TOWNSHIP OF RANDOLPH AS TO THE CONDITION OF THE PROPERTY OR AS TO THE CONDITION, CAPACITY OR POTABILITY OF THE WELL ON THE PROPERTY. SAID PREMISES ARE BEING SOLD IN THEIR PRESENT CONDITION "AS IS."
F. That should the title to the property prove to be unmarketable for any reason, the liability of the Township shall be limited to the repayment to the purchaser of any portion of the purchase price paid and shall not extend to any further costs, expense, damages, or claims. Notice of any alleged defect in title or claim of unmarketability must be served on the Township Clerk, by the Buyer, in writing no later than thirty (30) days after the sale is - 3 - approved by the Township Council. Failure upon the part of the Buyer to give written notice within said time shall be deemed conclusive proof that the Buyer accepts the title in its present condition.
G. That the Township represents that the property set forth herein is a non-conforming lot in accordance with the existing zoning ordinance requirements. A clause in the deed of conveyance from the Township to the successful bidder will essentially state: “The property conveyed herein shall merge with the contiguous property of Grantee. Grantee shall be prohibited from conveying the parcel herein separate and apart from the contiguous property presently owned by the Grantee. The merged lots will not be subject to future subdivision.”
H. That the sale is made subject to all applicable laws and ordinances of the State of New Jersey and the Township of Randolph.
I. That no employee, agent or officer of the Township of Randolph has any authority to waive, modify or amend any of the conditions of sale.
J. That the Township shall convey the property by a Quitclaim Deed unless an adequate title binder, sufficient in the sole discretion of the Township Attorney, which is prepared at the expense of the Buyer, by a title company licensed to do business in the State of New Jersey, is forwarded to the Township prior to the conveyance, in which case a Bargain and Sale Deed with Covenants against Grantors Acts will be the form of conveyance.
The Township Clerk is hereby authorized and directed to proceed to advertise this sale and to take all steps necessary to effectuate the purposes of this Ordinance.
The Township reserves the right to withdraw the offer of sale and reject any and all bids.
All Ordinances of the Township of Randolph which are inconsistent with the provisions of this Ordinance are hereby repealed as to the extent of such inconsistency.
If any section, subsection clause, or phrase of this Ordinance is for any reason held to be unconstitutional or invalid by any Court of competent jurisdiction, such decision shall not affect the remaining portion of the Ordinance.
This Ordinance shall take effect on September 27, 2023, provided that it has been properly approved and published.
Donna Marie Luciani, Township Clerk
Township of Randolph
Lou Nisivoccia, Mayor
Township of Randolph, County of Morris
Ordinance No. 17-23
Notice is hereby given that an Ordinance entitled "Authorizing The Private Sale Of Property Known As Block 80, Lot 10 On The Official Tax Map Of The Township Of Randolph Pursuant To N.J.S.A. 40a:12-13(B)(5) (9 Birch Street)" was submitted in writing at a regular meeting of the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, held on July 27, 2023, 2023 and was introduced, read by title and passed on first reading. A Statement of Purpose of the Ordinance is contained below. The Governing Body of the Township of Randolph will further consider the Ordinance for second reading and final passage thereof at their regular meeting to be held on September 7, 2023 at 6 p.m. prevailing time, at the Municipal Building, 502 Millbrook Avenue, Randolph, New Jersey 07869, at which time and place a public hearing will be heard thereon by the Governing Body and all parties in interest and citizens shall have an opportunity to be heard concerning said Ordinance.
Statement of Purpose of Ordinance
Pursuant to N.J.S.A. 40A:12-13(b)(5), the purpose of the above ordinance is to authorize the private sale of Block 80, Lot 10 (9 Birch Street) to Haramlambos Spiropoulus and Konstanino Kostas (also known as Konstanino Staikos) for the total price of $17,000.00. A copy of the full Ordinance is available to any member of the general public, without cost, at the Township of Randolph, Municipal Building, Millbrook Avenue, Randolph, New Jersey, at the Office of the Township Clerk, between the hours of 9:00 a.m. and 4:30 p.m.
Donna Marie Luciani, Township Clerk
Township of Randolph
County of Morris, State of New Jersey