Ordinance # 2004-03
AN ORDINANCE AUTHORIZING THE SALE OF CERTAIN
LANDS IN THE TOWNSHIP OF WANTAGE TO BE SOLD AT PRIVATE SALE IN ACCORDANCE
WITH N.J.S.A. 40A:12-13(b)(5)
WHEREAS, the Wantage Township Committee has determined that various
tracts of municipally owned land, as shown on Schedule A attached,
consisting of undersized parcels of land, are no longer necessary
for municipal purposes and as such shall be sold at private sale
in accordance with N.J.S.A. 40A:12-13(b)(5), and
WHEREAS, the Local Lands and Building Law, N.J.S.A. 40A:12-1, et
seq., authorizes the sale by municipalities of any real property,
capital improvement, or personal property no longer needed for public
NOW, THEREFORE, BE IT ORDAINED by the Wantage Township Committee
that municipally owned land contained in Schedule A shall be sold
by private sale. The property is being sold by the Township “as
BE IT FURTHER ORDAINED, in accordance with N.J.S.A. 40A:12-13(b)(5),
the property is being offered to the adjacent property owners as
they are undersized lots.
BE IT FURTHER ORDAINED, the following terms and conditions shall
1. The Lands and premises are being sold subject
to the express condition that any lot sold shall be added to and
becomes a part of the adjacent lands of the purchaser and it shall
for all future purposes be considered as one parcel.
2. The Township Committee reserves the right to reject all bids.
3. The minimum bid the Township will consider is as provided for
in Schedule A. In addition, the successful bidder must pay all
document preparation, advertising and related costs.
4. All bids shall be submitted as sealed bids clearly indicating
on the face of the envelope it is a bid for Block ____, Lot ____,
and shall be submitted on or before March 8, 2004 at 4:00 p.m.
5. Potential Bidders are advised:
A. To conduct all necessary title searches prior
to the date of the sale
B. That the descriptions of the properties are intended as a
general guide only and may not be accurate. No representation
of any kind are made by the Township of Wantage as to the conditions
of the property; the premises are being sold in their present
conditions “as is”.
C. A percolation test may be performed, at the expense of the
prospective bidder, prior to the date of sale according to the
provisions of the Health Code of the Township of Wantage. Anyone
wishing to have a test performed shall contact the Wantage Township
D. That the sale is made subject to all applicable laws, statutes,
regulations and ordinances of the United States, State of New
jersey and the Township of Wantage.
E. That no employee, agent or officer of the Township of Wantage
has any authority to waive, modify or amend any of the conditions
of the sale.
F. That offers for any and all of the properties must be made
for a sum equal or greater to the minimum bid price listed on
the schedule below.
G. The property will be conveyed by a Quit Claim Deed and such
conveyance shall be subject to all covenants, restrictions,
reservations and easements established of record or by prescription
and without representation as to character of title of the property
to be conveyed.
6. Additional Terms the Successful Bidder must
A. Bidder shall deposit cash, check or money
order in the amount of not less than 10% of the bid price at
the time of sale. In the event the successful bidder fails to
deposit 10% of the bid price at the time of the sale, the Township
will re-auction the property at the same sale. If the successful
bidder fails to pay the deposit, the bidder shall be responsible
for any difference between their bid and the final sale bid
in the event such bid is lower than the bid of the original
B. In the case of any contiguous undersized parcel of property,
it shall be merged with the bidder’s existing property.
The successful bidder shall present to the Township clerk two
weeks prior to the time of closing, a copy of the Deed for the
C. Pay at the time of closing:
(1) The balance of the purchase price
(2) Legal fees incurred by the Township for transfer of title
(3) The proportionate cost of advertisement of the sale
(4) The cost of recording deeds and agree that deeds shall
be recorded on behalf of the purchaser by the Township Attorney.
D. To pay prorated real estate taxes for the
balance of the current year as of the date of closing.
E. To abide by appropriate zoning, subdivision, health and building
regulations and codes and stipulate that this sale will not
be used as grounds to support any variance from the regulations.
F. That the failure to close title as agreed shall forfeit to
the Township of Wantage any and all money deposited with the
G. That the purchase price shall not be used before any County
Board of Taxation, Tax Court of New Jersey, or in any court
of this State as grounds to support a challenge of the existing
assessments with regard to other properties.
H. That the title shall close on or before April 15, 2004, and
that date shall be considered time of the essence. The Township
reserves the right to require that two or more pieces of contiguous
property be merged and treated as one piece of property.
I. The Township reserves the right to withdraw the offer of
sale and reject any and all bids.
J. All sales are subject to final approval by the Township Committee.
K. Parties interested in submitting bids and who require additional
information, should contact James R. Doherty, Administrator
Clerk, Municipal Building, 888 Route 23, Wantage, New Jersey
7. The Township does not warrant or certify title
to the property and in no event shall the Township of Wantage
be liable for any damages to the purchaser/successful bidder if
title is found unmarketable for any reason and the purchaser/successful
bidder waives any and all right in damages or by way of liens
against the Township, the sole remedy being the right to receive
a refund, prior to closing, of the deposit paid in the event title
is found unmarketable. It shall be the obligation of the successful
purchaser to examine title to the premises prior to the closing.
In the event of closing and later finding of defect of title,
the Township shall not be responsible for the same, shall not
be required to refund money or correct any defect in title or
be held liable for damages.
8. Acceptance of the bids shall constitute a binding agreement
of sale, and the purchaser shall be deemed to agree to comply
with the terms of conditions of the sale herein contained.
9. The sale is subject to all of the terms and conditions as provided
for in the Notice of Sale.
10. In the event no adjacent property owner submits a bid equal
to or greater than the minimum bid price as provided for in Section
3 of this Ordinance, or in the event two or more adjoining property
owners submit identical bids which meet or exceed the bid price,
a public sale shall take place on the date and time provide for
in Section 4 of this Ordinance after all bids have been opened.
The terms of the public sale shall be to the highest bidder with
a 10% deposit and the balance within 20 says of the sale date.
All other terms and conditions of this Ordinance shall apply to
the public sale.
This Ordinance shall take effect upon final passage, approval
and publication as required by law.
William De Boer, Mayor
James R. Doherty, Clerk/Administrator
NOTICE is given that this ordinance was introduced
and passed upon first reading at a meeting of the Mayor and Township
Committee of the Township of Wantage, in the County of Sussex, New
Jersey, held on January 29, 2004. It will be further considered
for final passage with the proposed ordinance after public hearing
at a meeting of the Mayor and Township Committee to be held in the
Wantage Township Municipal Building, 888 Route 23, Wantage, New
Jersey 07461, February 12, 2004, at 8:00 o'clock P.M., and copies
of the ordinance will be made available at the Clerk's office in
the Municipal Building to members of the general public.
James R. Doherty, Clerk/Administrator
TOWNSHIP OWNED PROPERTIES
5 Sussex Road
18 Warren Lane
20 Sussex Road
35 New York Avenue
10 Schawungunk Trail
15 Dogwood Road
5 Schawungunk Trail
Upper Lake Drive
Corner Schawungunk & Pepperidge
33 Valley View Trail
35 Valley View Trail
5 Maple Lane
17 Red Oak Road
54 Old Clove Road
8 Fernwood Road
6 Fernwood Road
* These properties are deemed to be less than the
minimum size required for development as provided for in N.J.S.A.
40A:12-13(b)(5) and, as such, the adjoining property owners shall
have the right of first refusal to purchase the property as provided
for in the body of the ordinance.