WEST AMWELL TOWNSHIP
ORDINANCE 29, 2009
WHEREAS, the Township of
West Amwell (“Township”), is about to jointly acquire, along with
Hunterdon Land Trust Alliance, a non-profit corporation, property known as
Block 8, Lots 20 and 36, in the Township
of West Amwell, consisting of approximately 130+\- acres along Route 179 in the
Township, (hereinafter “Property”) which was contracted for with the intention
of deed-restricting and preserving it for farmland purposes, except for a
public access easement to be placed on an approximately 1.7+/- acre portion of
the Property; and
WHEREAS, the Township, by
Ordinance 6, 2009, adopted on March 18, 2009, previously authorized the
aforesaid acquisition with Hunterdon Land Trust Alliance; and
WHEREAS, as originally
required by the contract, Hunterdon Land Trust Alliance applied for and
received a grant in the amount of $825,000 from the State of New Jersey, State
Agriculture Development Committee for its proportionate share of the purchase
price in consideration for permanently
deed-restricting a portion of the Property (approximately 126 acres +/-) for
farmland preservation purposes; and
WHEREAS, as the State of New
Jersey, State Agriculture Development Committee will permanently hold the agricultural development
rights to the property on behalf of the public, it is not necessary for the
Township to retain a development rights easement for the same purpose; and
WHEREAS, the Hunterdon County
Board of Chosen Freeholders (hereinafter “County of Hunterdon” or “County”), at
a meeting held on October 6, 2009, approved a cost-share in a sum not to exceed
$227,700.00 toward preservation of the
Property, which cost-share would provide a benefit to the Township on behalf of
the public. Further, the County of Hunterdon has indicated that, as consideration
for its cost-share, the Township must convey a permanent Deed Restriction that
requires the Township and its successors in title and interest to mow the
Property in order to maintain it for farmland purposes and, further, gives the
County of Hunterdon enforcement rights in the event that said mowing does not
occur. The Township acknowledges that
the aforementioned Deed Restriction is routinely required by the County of
Hunterdon as part of its farmland preservation program.
WHEREAS, the Township is
authorized to acquire interests in Property for public purposes, pursuant to
N.J.S.A. 40A: 12-1, et seq.
WHEREAS, Hunterdon Land Trust
Alliance has advised the Township that it does not wish to retain title to the Property and accordingly,
has offered its property interest in Block 8, Lots 20 and 36, to the Township
subject to the conveyance of the development rights easement to the State of
New Jersey, State Agriculture Development Committee; and
WHEREAS, the State of New
Jersey, Agriculture Development Committee appropriately requires that the
Township join with HLTA in the conveyance of the development rights easement to
the State of New Jersey, Agriculture Development Committee; and
WHEREAS, Township is authorized to convey the Deed of
Easement to the State of New Jersey and the above-described Deed Restriction to
the County of Hunterdon under N.J.S.A. 4:1C-11 et seq., 4:1C-34, 4:1C-43.1,
N.J.S.A. 40A:12-13 et seq. and any other applicable law; and
NOW, THEREFORE BE IT ORDAINED
by the Mayor and Township Committee of the Township of West Amwell, County of
Hunterdon and State of New Jersey, as follows:
Section 1. As part of the acquisition of Block 8, Lots
20 and 36 with co-purchaser Hunterdon
Land Trust Alliance, the Township of West Amwell is hereby authorized to convey to the State of New Jersey , State
Agricultural Development Committee, a Development Rights Easement on a portion of Block 8, Lots 20 and 36 in
the Township of West Amwell, County of
Hunterdon and State of New Jersey, which easement shall pertain to
approximately 126+/- acres of the Property in consideration for an $825,000
grant given to Hunterdon Land Trust Alliance, as originally contemplated in
West Amwell Township Ordinance 6, 2009
and in the contract for purchase ,
which is
on file with the Township of West Amwell Clerk..
Section 2. The Township of West Amwell further authorizes
acceptance of the conveyance by Hunterdon Land Trust Alliance of its property
interest in Block 8, Lots 20 and 36.
Section 3. Further, if and when requested by the County
of Hunterdon, the Township of West Amwell
authorizes conveyance of a Deed Restriction to the County of Hunterdon
for mowing rights in consideration of a cost share from the County in a sum not
to exceed $227,000, as approved by the Hunterdon County Board of Chosen
Freeholders pursuant to the parties entering into a contract of sale or other appropriate
agreement for that purpose.
Section 4. On behalf of the Township Committee of the
Township of West Amwell, the Mayor, Deputy Mayor, Township Clerk and Attorney,
as appropriate, are authorized to prepare and sign any and all documentation
necessary to effectuate the conveyance of the Agricultural Development Rights
Easement to the State of New Jersey, State Agricultural Development Committee,
together with any other documents required by said entity, including a project
agreement, or other similar or related documents.
Section 5. Further, the Mayor, Deputy Mayor, Township
Clerk and Attorney, as appropriate, are authorized to prepare and sign any and
all documentation necessary to effectuate the acceptance of Hunterdon Land
Trust Alliance’s property interest in Block 8, Lots 20 and 36 once the Property
has become deed-restricted.
Section
6. Finally, if and when requested
by the County of Hunterdon, the Mayor, Deputy Mayor, Township Clerk and
Attorney, as appropriate, are authorized to prepare and sign any and all
documentation necessary to effectuate the conveyance of a Deed Restriction for
mowing rights to the County of Hunterdon, together with any other documents
required by said entity, including a contract of sale, cost share agreement,
and other such documents.
Section 7.
Severability. If the provision of any article, section,
subsection, paragraph, subdivision or clause of this Ordinance shall be judged
invalid by any Court of competent jurisdiction, such Order or Judgment shall
not affect or invalidate the remainder of any such article, section,
subsection, paragraph or clause and, to this end, the provisions of this
Ordinance are hereby declared to be severable.
Section 8. Effective Date.
This
ordinance shall take effect immediately upon final adoption and publication
according to law.
APPROVED
BY TOWNSHIP COMMITTEE
_____________________________________
William
J. Corboy, Mayor
ATTEST:
_____________________________
Lora
L. Olsen, RMC
Township
Clerk
NOTICE OF PENDING ORDINANCE
The Ordinance published herewith was introduced and passed on first reading at a meeting of the governing body of the Township of West Amwell, in the County of Hunterdon, State of New Jersey, held on November 4, 2009. It will be further considered for final passage, after public hearing thereon, at a meeting of the governing body to be held in the municipal building, 150 Rocktown-Lamb. Rd., Lambertville NJ on November 18, 2009 at 7:00 p.m. All interested parties will be heard at this time.