Page 10 of 42

ORDINANCE 02-05

WHEREAS, the Township is permitted in accordance with N.J.S.A. 40A:12-13(b)(5) to sell municipally owned land to an adjoining property owner without public auction, subject to certain conditions; and

WHEREAS, the Township has received a bid for land designated as Block 96.01, Lot 8, also known as 530 Cerrina Road (the “Property”), from an adjoining property owner known as H&R Auto Recyclers; and

WHEREAS, the offer to purchase is in the amount of $100,000, which the Township has determined is equal to or greater than the fair market value for the property; and

WHEREAS, the Township has offered the property in writing to all other adjoining property owners and has received no response; and

WHEREAS, the Township desires to authorize the sale of land, pursuant to the provisions of N.J.S.A. 40A:12-13, and has determined that the property is not needed for public use;

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Committee of the Township of Jackson, County of Ocean and State of New Jersey, as follows:

1. The Mayor is authorized to execute, and the Clerk to attest, to a Contract for the sale of land known as Block 96.01, Lot 8, also known as 530 Cerrina Road, for the amount of $100,000.00, to H&R Auto Recyclers, an adjoining property owner, in accordance with the provisions of N.J.S.A. 40A:12-13(b)(5).
2. The sales are subject to all of the restrictions and obligations set forth in the Contract of Sale and this ordinance, including a provision for the demolition of the structure located on the property within six (6) months of closing.
3. If any section, paragraph, subdivision, clause or provision of this ordinance shall be adjudged invalid by a court of competent jurisdiction, such adjudication shall apply only to that section, paragraphs, subdivision, clause or provision so adjudged and the remainder of this ordinance shall be deemed valid and effective.
4. This ordinance shall take effect immediately upon final passage and publication as required by law.

NOTICE

NOTICE IS HEREBY GIVEN that the foregoing Ordinance was introduced and passed on first reading at a regular meeting of the Township Committee of the Township of Jackson, in the County of Ocean, State of New Jersey, held on January 10, 2005 and will be considered for second reading and final passage at the regular meeting of said Governing Body to be held on the 24^{th} day of January, 2005 at 7:30 P.M. or as soon thereafter as this matter can be reached, at the meeting room of the Municipal Building in said Township, at which time all persons interested shall be given an opportunity to be heard concerning this Ordinance.

Prior to the second reading, a copy of this Ordinance shall be posted on the Bulletin Board in the Municipal Building and copies shall be made available at the Township Clerk’s Office in said Municipal Building to members of the general public who shall request such copies.

DATED: 1/24/05

ANN MARIE EDEN, RMC TOWNSHIP CLERK