TOWNSHIP OF CHESTERFIELD

ORDINANCE 2008 –9 

AN ORDINANCE AUTHORIZING EXCHANGE OF CERTAIN LANDS OF EQUIVALENT COMPARABLE VALUE BETWEEN THE TOWNSHIP OF CHESTERFIELD AND ADJOINING PROPERTY OWNER 

          WHEREAS, the Township of Chesterfield is the owner of certain property located on Fenton Lane known as Block 203 Lot 43, consisting of approximately 42.12 acres; and

          WHEREAS, said property abuts property owned by Thomas J. and Dianne E. Mizerak known as Block 203 Lot 15 comprised of 7.24 acres; and

          WHEREAS, the Parties have discussed the relative merits of exchanging the corner pieces of their respective parcels and have agreed that the Township will convey to Mizerak a corner portion of its property comprising 0.358 acres; and Mizerak will convey to the Township a corner of their property comprising 0.322 acres; and

          WHEREAS, the Township Tax Assessor has determined that the de minimus difference in square footage in the two (2) properties does not change the equivalency of their fair market Values, and has determined that the value of the property being conveyed to Mizerak is equivalent to the property being conveyed by Mizerak to the Township; and

          WHEREAS, N.J.S.A. 40A:12-16 permits a municipality, by ordinance, to “exchange any lands or any rights or interest therein owed by the municipality…for other lands or rights or interest therein desired for public use”; and

          WHEREAS, the Township Committee of the Township of Chesterfield believes that the acquisition of the .322 acre portion of the current Mizerak parcel, will afford the municipality greater access and provide a more convenient “connection” between the property it owns at Bock 203, Lot 43, and the property it owns at Block 203 Lot 12.01;

          NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the Township Committee of the Township of Chesterfield, County of Burlington and State of New Jersey as follows:

          ARTICLE I.

          The Mayor and Clerk are hereby authorized and directed to execute a Deed from the Township of Chesterfield to Thomas J. and Dianne E. Mizerak for 0.358 acre piece of property shown in the attached “Survey Adjustment” prepared by Environmental Resolutions Inc., and last dated February 20, 2008, which is attached hereto and made a part hereof, which portion is located in the northeast corner of the Township’s property at Block 203, Lot 43; in exchange for receipt of a Deed from the Mizeraks to the Township of Chesterfield, for 0.322 acre portion of the Mizerak property currently situated in the southwest corner of the Mizerak lot; said Deed, however, shall not be executed until following obtainment of subdivision approval for the subdivision of these parcels from the tax lots, application for which subdivision has been previously authorized by the Township Committee; and until a Deed has been received from Mizeraks for the portion they are conveying to the Township.

ARTICLE II.

          That the Deed to be conveyed by each Party shall be a Quitclaim Deed, which Deed shall carry a metes and bounds description to be prepared for each parcel by Environmental Resolutions Inc.

          ARTICLE III.

          That the Township Tax Assessor has determined that the exchange will not result in any difference in full and fair value of the two (2) pieces of land being exchanged, and thereby no cash consideration is required by either Party of the other and the exchange shall be considered full and complete consideration, paid by each Party to the other, for the lands to be acquired herein.

          ARTICLE IV.          REPEALER, SEVERABILITY AND EFFECTIVE DATE

A.              Repealer.  Any and all Ordinances inconsistent with the terms of this Ordinance are hereby repealed to the extent of any such inconsistencies.

B.               Severability.  In the event that any clause, section, paragraph or sentence of this Ordinance is deemed to be invalid or unenforceable for any reason, then the Township Committee hereby declares its intent that the balance of the Ordinance not affected by said invalidity shall remain in full force and effect to the extent that it allows the Township to meet the goals of the Ordinance.

C.               Effective Date.  This Ordinance shall take effect upon proper passage in accordance with the law. 

CHESTERFIELD TOWNSHIP COMMITTEE 

Introduced:          April 24, 2008

Adopted:    May 15, 2008