Some parts of Ordinance 808-21 (introduced February
19, 2008):
WHEREAS,
given the foregoing factors, Green Acres has recently deleted the Property from
the Borough's inventory of open space available for recreational purposes as
part of the Green Acres Program; and
The above contradicts Green Acres current
website.
Block 154, Lot 56 still exists according the Borough's own property cards and is still described as a park. Click on the link below.
http://tax1.co.monmouth.nj.us/cgi-bin/m4.cgi?district=0231&l02=023100154____00056_________M
Block 154, Lot 56 still exists according the Borough's own property cards and is still described as a park. Click on the link below.
http://tax1.co.monmouth.nj.us/cgi-bin/m4.cgi?district=0231&l02=023100154____00056_________M
WHEREAS,
in light of the foregoing, the Municipal Manager has certified that the
Property is no longer needed for any public purposes; and
Tony Luna had a clear conflict of
interest.
WHEREAS, recent inspection of the Property reveals
that much of the same is currently utilized, on an open and notorious basis, by
such contiguous property owners as a de facto extension of their respective
rear yards; and
A Luna pool was already on the property.
The timing of the ordinance and Tony Luna’s conflict of interest speaks for
itself.
Here is the entire ordinance:
ORDINANCE NO. 808-21
BOROUGH OF LODI
BERGEN COUNTY, NEW JERSEY
AN ORDINANCE OF THE BOROUGH OF LODI,
BERGEN COUNTY, NEW JERSEY, TO CAUSE THE SUBDIVISION OF BOROUGH OWNED REAL
PROPERTY KNOWN AND DESIGNATED AS LOT 56 IN BLOCK 154, AND AUTHORIZING THE
OFFERING OF THE PROPERTIES, AS SUBDIVIDED, TO CONTIGUOUS PROPERTY OWNERS FOR ANNEXATION
OF THE SAME TO SUCH CONTIGUOUS PROPERTIES
WHEREAS, there exists real property owned
by the Borough of Lodi, which real property is known and designated as Lot 56
in Block 154 as set forth in the tax map of the Borough of Lodi (hereinafter,
the "Property"); and
WHEREAS, the Property is landlocked,
contains no frontage upon any developed road way or street, and is of such
dimensions that development of the Property is impossible due to the foregoing
factors; and
WHEREAS, on prior occasion, the Property
was contained in the Borough's inventory of open space submitted to the State
of New Jersey regarding Green Acres compliance; and
WHEREAS, so long as the Property was
contained in the Borough's inventory of open space, same was unavailable for
any developmental purposes; and
WHEREAS, given the landlocked nature of
the Property, utilization of the same for recreational purposes was likewise
rendered impossible absent the condemnation of other privately-owned properties
to afford appropriate access to the same; and
WHEREAS, given the foregoing factors,
Green Acres has recently deleted the Property from the Borough's inventory of
open space available for recreational purposes as part of the Green Acres
Program; and
WHEREAS, in light of the foregoing, the
Municipal Manager has certified that the Property is no longer needed for any
public purposes; and
WHEREAS, there also exists properties
located adjacent to the Property which has heretofore been designated and
dedicated as a public street known and designated as the extension of Columbia
Lane (hereinafter referred to as "the Paper Street"); and
WHEREAS, the property comprising the Paper
Street is landlocked, contains no frontage upon any developed road way or
street, and is of such dimensions that development of the Property is
impossible due to the foregoing factors; and
WHEREAS, on the basis of all of the
foregoing, the Mayor and Council of the Borough of Lodi is desirous of having
the Paper Street vacated and the Property and the Paper Street, as herein
vacated, subdivided into various parcels, comparably equal in size (given the
irregular dimensions of the Property) and offered to contiguous property owners
for annexation to such contiguous lots; and
WHEREAS, by way of the foregoing, the
Property, as subdivided shall thus be included within the Tax Rolls of the
Borough of Lodi, and thus result in additional tax revenue available to the
Borough; and
WHEREAS, recent inspection of the Property
reveals that much of the same is currently utilized, on an open and notorious
basis, by such contiguous property owners as a de facto extension of their
respective rear yards; and
WHEREAS, the Mayor and Council of the
Borough of Lodi have determined that by and through the foregoing, the public
interest is best served by and through the creation of additional
privately-owned real property for inclusion in the Borough's Tax Rolls;
NOW, THEREFOR, BE IT ORDAINED, by the
Mayor and Council of the Borough of Lodi, Bergen County, New Jersey that the
laws, ordinances and regulations of the Borough of Lodi shall be and is hereby
amended or supplement, as follows:
1. The public rights in and to all of that
portion of Columbia Lane, hereinbefore described as the Paper Street shall be
and is hereby released from dedication as a public street.
1. The Borough Engineer shall be and is
hereby directed to cause the preparation of a subdivision plat subdividing the
Property and the Paper Street, as vacated hereby, into various parcels,
comparably equal in size (given the irregular dimensions of the Property) in
widths equal to those of contiguous property which are adjacent to the
Property, as currently configured.
2. Upon completions of the subdivision
plat aforesaid, same shall be forwarded to the Planing Board of the Borough of
Lodi for informational purposes.
3. Following the filing of the subdivision
plat aforesaid with the Planning Board of the Borough of Lodi, the Borough
Attorney shall be and is hereby directed to provide written notification to all
contiguous property owners of the subdivision aforesaid, and offer the
opportunity for such contiguous property owners to cause the annexation of the
adjoining parcel so created by the subdivision here authorized at no additional
cost to said contiguous property owner upon the conditional that such annexed
property(ies) shall be added to the contiguous property owners tax assessment,
effective immediately upon annexation.
4. In the event that such contiguous
property owner accepts the Borough's offer for annexation, an additional tax
assessment shall issue to the accepting contiguous property owner for tax year
2008.
5. Annexation of the subdivided parcel
shall be memorialized by Quitclaim Deed from the Borough of Lodi to the
accepting contiguous property owner.
6. In the event that the contiguous
property owner fails to accept the Borough's offer for annexation within thirty
(30) days of receipt of notice of the Borough's offer, then and in that event,
the parcel so subdivided shall be offered to the next contiguous property owner
located to the immediate north or south respectively, of the subdivided parcel
in question.
5. This Ordinance shall take effect upon
passage and publication in accordance wit the requirements of law.
ATTEST:
Karen Viscana Debra Cannizzo
Mayor Municipal Clerk
The form and legal substance of the within
Ordinance have been reviewed and approved by the Borough Attorney.
Scott G. Sproviero, Esq.
Feb. 25, 2008-Fee:$212.85(215) 2270128
