3/17/2026: Ordinance 2743-26 - 14 Haran Circle Easement Agreement - Public Hearing 4/7/26

PUBLIC NOTICE

MILLBURN TOWNSHIP
MILLBURN TOWNSHIP COMMITTEE
ORDINANCE 2743-26

PUBLIC NOTICE is hereby given that the following Ordinance was submitted in writing, introduced, read by title and passed on first reading at a meeting of the Township Committee of the Township of Millburn, in the County of Essex on Tuesday, March 17, 2026. The ordinance will be considered for final passage and adoption at the public hearing held at a special meeting beginning at 7:00 p.m. on Tuesday, April 7, 2026 at the Millburn Education Center, 434 Millburn Avenue, Millburn, New Jersey when and where or at such time and place to which said meeting may be adjourned, all persons interested will be given an opportunity to be heard concerning said ordinance. The Millburn Education Center will open for this meeting beginning at 6:45PM and details on the meeting and agenda may be located at town hall, on our website https://www.twp.millburn.nj.us/AgendaCenter or by contacting the Municipal Clerk's Office at 973-564-7092.

BY ORDER OF THE TOWNSHIP COMMITTEE
Christine A. Gatti, RMC, Township Clerk

ORDINANCE NO. 2743-26

AN ORDINANCE OF THE TOWNSHIP OF MILLBURN, COUNTY OF ESSEX, AUTHORIZING THE TOWNSHIP OF MILLBURN TO EXECUTE AN EASEMENT AGREEMENT GRANTING AN EASEMENT AND RIGHT-OF-WAY ON REAL PROPERTY LOCATED AT 14 HARAN CIRCLE, MILLBURN, NEW JERSEY 07041

WHEREAS, pursuant to N.J.S.A. 40A:12-1, et seq., a municipality may acquire, sell, or otherwise convey an interest in real property; and

WHEREAS, the Township is the record owner of that certain property designated as Block 507, Lot 1 on the Tax Map of the Township of Millburn (the “Township”), more commonly known as 9 Gilbert Place, Millburn, New Jersey 07041 (“Township Property”); and

WHEREAS, Dwayne Jeanbaptiste and Ashley Morgan (collectively, “Grantors”) are the record owners adjacent to that certain property designated as Block 507, Lot 10 on the Township’s Tax Map, more commonly known as 14 Haran Circle, Millburn, New Jersey 07041 (the “Subject Property”); and

WHEREAS, the Township Committee of the Township of Millburn (the “Township Committee”) has determined it necessary to obtain an easement as to the Subject Property from Grantors in order for the Township to improve and maintain the Township’s critical infrastructure; and

WHEREAS, the Township Committee believes it is in the best interest of the Township to obtain such easement by way of an Easement Agreement with Grantors; and

WHEREAS, the Township Committee desires to authorize the Mayor and Clerk to execute an easement agreement in a manner substantially similar to that set forth herein as Exhibit "A"; and

NOW, THEREFORE, BE IT ORDAINED by the Township Committee of the Township of Millburn, Essex County, State of New Jersey as follows:

Section 1.

The Mayor and Township Clerk are hereby authorized to execute the Easement Agreement based upon the terms and conditions set forth herein and, in a manner, substantially similar to the one attached hereto as Exhibit "A".

Section 2.

If any portion of this ordinance shall be deemed invalid by any court of competent jurisdiction, the remainder shall survive in full force and effect.

Section 3.

All Ordinances of the Township of Millburn which are inconsistent with the provisions of this Ordinance are hereby repealed to the extent of such inconsistency.

Section 4.

This Ordinance shall take effect upon final passage and publication thereof, as provided for by law.

Posting Details – Ordinance 2743-26

Millburn Township Committee
Date Posted on Millburn Public Notices Page and Bulletin Board: 03/18/2026

“Exhibit A” of Ordinance 2743-26

Record and Return to:

Jarrid H. Kantor, Esq.

Antonelli Kantor Rivera PC

354 Eisenhower Parkway, Suite 1000

Livingston, New Jersey 07039

EASEMENT AGREEMENT

THIS EASEMENT AGREEMENT (this “Agreement”) is made and entered into as of the ____ day of _______, 2025, by and between Dwayne Jean Baptiste and Ashley Morgan, having an address of
14 Haran Circle, Millburn, New Jersey 07041 (the “Owners” or “Grantors”), and the TOWNSHIP OF MILLBURN, a body politic of the State of New Jersey, having an address 375 Millburn Avenue, Millburn, New Jersey 07041 (the “Township” or “Grantee”). The Owners and the Township may each be referred to herein as a “party” and, collectively, as the “parties.”

RECITALS

WHEREAS, the Owners holds fee simple title to certain property identified as Block 507, Lot 10 on the official Tax Map of the Township of Millburn and located at 14 Haran Circle, Millburn, New Jersey 07041 (the “Property”); and

WHEREAS, the Township, is the owner of an easement located at the Property; and

WHEREAS, the Township, which owns property located on portions of land identified as Block 507, Lot 1, commonly known as 9 Gilbert Place, Millburn, New Jersey 07041; and

WHEREAS, the Township, which owns property located on portions of land identified as Block 507, Lot 9 on the official Tax Map of the Township of Millburn, commonly known as 10 Haran Circle, Millburn, New Jersey 07041, which is adjacent to the Property (the “Adjacent Property”), has or intends to enter into a contract to purchase portions of the property located at 10 Haran Circle and applied for preliminary and final major subdivision approval with certain variance relief from the Township Planning Board to permit the construction of an improved pump station to increase the Township’s drainage capacity and mitigate flooding (the “Approvals”); and

WHEREAS, the Approvals require the Owners to grant a new easement over the eastern portion of its property to the Township for purposes of locating or relocating certain drainage improvements, and maintenance and repair of the same, along with access for personnel and equipment as necessary; and

WHEREAS, the Owners have expressed willingness to consent to such an easement.

NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Owners hereby grant, declare and establish an easement on and with respect to certain portions of the Property as follows:

AGREEMENT

1. Easements.

The Owners, in consideration of the sum ____________________________ Dollars and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby give, grant, establish and convey to and for the benefit of the Township, its successors and assigns, a permanent, perpetual, non-exclusive easement (the “Easement”) on, over, across that portion of the Property, as more particularly described and depicted on Exhibit A (the “Easement Area”), attached hereto and incorporated by reference herein; and in consideration of the sum of One-Thousand-Six-Hundred ($1,600) Dollars and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby give, grant, establish and convey to and for the benefit of the Townships, its successors and assigns, a temporary ___ month construction easement (the “Construction Easement”) on, over, across that portion of the Property known as the Easement Area, for the purposes of:

1. Permitting the construction, installation, location, relocation, inspection, maintenance and repair of subsurface drainage improvements, including but not limited to, pipes, tiles, fittings, culverts, inlets, outfalls, and swales (collectively, “Drainage Improvements”);
2. Permitting the movement of personnel, equipment and machinery as necessary to effectuate the same; and
3. Directing, controlling, causing or otherwise facilitating drainage across the Property.

1. Maintenance of Easement Area and Drainage Improvements.
   1. Except as set forth in Paragraph 2(b) below, the Owners shall be responsible for maintaining all portions of the Owners' Property in good condition and repair at all times so as to permit the Township to enjoy the full benefits of the Easement and Construction Easement (the “Maintenance”). Such Maintenance shall include, without limitation, all normal and customary maintenance of the roadways, driveways, parking areas, sidewalks, walkways, lighting, drainage facilities, landscaped areas and plantings located on such Property in order to ensure the full benefits of the Easement.
   2. Notwithstanding the foregoing, the Township shall be responsible, at its own cost and expense, for repairing and/or restoring any damage or disturbance caused to any portion of the Property or any personal property or improvements located thereon by or as a result of (i) the exercise by the Township (or by any person or entity acting through, at the direction of or on behalf of the Township) of any of its rights under this Agreement, including without limitation the use of the Easement and/or Construction Easement; (ii) the acts or omissions of the Township (or of any person or entity acting through, at the direction of or on behalf of the Township) within or on the Property; or (iii) a violation, breach or default by the Township (or by any person or entity acting through, at the direction of or on behalf of the Township) of any of the covenants, obligations or duties of the Township under this Agreement.  The Township shall also be responsible, at its cost and expense, for maintaining, repairing and replacing the Drainage Improvements to the extent necessary.
   3. All access, construction, installation, location, relocation, inspection, repair and/or restoration work shall be performed and completed by or on behalf of the Township: (i) upon reasonable prior notice to the Owners, except in the event of an emergency in which case no prior notice shall be required; (ii) with reasonable diligence and in a good and workmanlike manner; (iii) in accordance with all applicable laws, ordinances and regulations and other governmental requirements; (iv) to the reasonable satisfaction of the Owners; and (v) in a manner that restores the Property to substantially the same condition as existed immediately prior to such work. The Township shall be responsible, at its own cost and expense, for obtaining and maintaining any governmental licenses, permits or other approvals necessary or required in connection with the performance of such work. In performing any such work, the Township shall at all times use (and shall cause all of its contractors, agents and representatives at all times to use) reasonable efforts to minimize interference with the use and operation of the Property by the Owners and its occupants. The Owners agree to provide reasonable access to and around the easement area for purposes of accessing the drainage area for repair and maintenance.

1. Insurance.

The Township shall at all times maintain commercial general liability insurance in commercially reasonable amounts with respect to any acts or omissions of the Township or its officials, officers, employees, principals, agents, representatives, successors and assigns, occurring as a result of the Township’s use of the easement on the Property. The Township’s insurance coverage shall (a) name the Owners as an additional insured thereon on a primary and non-contributory basis; and (b) initially, have not less than Two Million Dollars ($2,000,000) combined single limit for bodily injury and property damage per occurrence. Upon the reasonable request of the Owners at any time, the Township shall provide evidence of the insurance coverage required to be maintained hereby.

1. Indemnification.
   

The Township shall, and hereby does, indemnify, defend and hold harmless the Owners from and against any and all losses, costs, damages, claims, liabilities, fines, penalties, actions and expenses (including without limitation reasonable attorney fees) incurred or to be incurred by the Owners to the extent resulting from, arising out of or in connection with (a) the exercise by the Township (or by any person or entity acting through, at the direction of or on behalf of the Township) of any of its rights under this Agreement, including without limitation the use of the Easement and/or Construction Easement; (b) the acts or omissions of the Township (or of any person or entity acting through, at the direction of or on behalf of the Township) on the Property; or (c) a violation, breach or default by the Township (or by any person or entity acting through, at the direction of or on behalf of the Township) of any of the covenants, obligations or duties of the Township under this Agreement. Such indemnity on the part of the Township shall survive any termination of this Agreement.

1. Remedies and Enforcement.
   1. In the event of a breach or threatened breach by a party of any of the terms, covenants, restrictions, or conditions hereof, the non-defaulting party shall be entitled to full and adequate relief by injunction and all such other available legal and equitable remedies from the consequences of such breach, including, without limitation, specific performance and payment of any amounts due and damages.
   2. In addition to all other remedies available at law or in equity, upon the failure of a defaulting party to cure a breach of this Agreement, if same is not cured within thirty (30) days following written notice thereof by any of the non-defaulting party (unless, with respect to any such breach the nature of which cannot reasonably be cured within such thirty-day period, the defaulting party commences such cure within such thirty-day period and thereafter diligently prosecutes such cure to completion), then the non-defaulting party shall have the right, but not the obligation, to cure such default and be reimbursed by the defaulting party upon demand for the reasonable cost thereof.
2. Compliance with Laws.

Each party shall, at its sole cost and expense (except to the extent that any such compliance is necessitated by an act of the other party), comply with all applicable laws, ordinances and regulations and other governmental requirements which regulate, relate to or otherwise affect in any way (a) the Easement and/or Construction Easement granted hereunder; (b) the portion of any Easement Area lying within the Property; or (c) the use of the portion of any Easement Area lying within the Property.

1. Representations.

Each party represents and warrants to the other party that it has full right and authority to execute and deliver this Agreement and to perform all of its covenants and obligations hereunder.

1. Owners’ Rights.

The Owners shall have the right to use any portion of the Easement Area lying within the Property for any purpose whatsoever so long as such use (a) is not inconsistent with the terms of this Agreement; (b) does not prevent the Township from accessing such Easement Area and/or performing any activity thereon which is permitted or required hereby; and (c) does not otherwise interfere with or adversely affect in any way any of the rights or privileges of the Township under this Agreement.

1. Notices.

All notices, requests and demands under or pursuant to this Agreement shall be in writing and shall be delivered by personal delivery, by certified mail, return receipt requested or by overnight mail providing receipt against delivery to the parties hereto at their respective addresses set forth on the first page hereof. Any party may change its notice address by delivering a notice thereof to the other party that complies with this Paragraph 9, and such changed address shall thereafter be deemed to be such party's address for purposes of this Agreement. Any such notice or demand shall be deemed given three business days after deposit in the mail as aforesaid or upon receipt if sent by such other means.

1. Binding Effect.

The rights and obligations set forth in this Agreement shall run with the land. This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and assigns, including without limitation all future owners of the Property.  No supplement, modification or amendment of this Agreement shall be binding unless in writing and executed by Owners and the Township.

1. Further Assurances.

Each party shall execute, acknowledge and deliver any and all such other instruments or documents, and shall do and take all such further acts, as the other party may reasonably request in order to carry out the intent and purpose of this Agreement.

1. No Rights in Public.

Nothing herein is intended, nor shall it be construed, held or taken, as a dedication of any portion of the Property, nor shall or does this Agreement create any rights in, to or for the benefit of the general public.

1. Governing Law.

This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey.

1. Estoppel Certificate.

Each party shall, from time to time, upon not less than twenty (20) days prior written request therefor from the other party, execute and deliver to such requesting party a certificate stating: (a) to the best of such party's knowledge, whether any party to this Agreement is in default or violation of this Agreement and if so, identifying such default or violation; and (b) that this Agreement is in full force and effect and identifying any amendments to the Agreement as of the date of such certificate.

1. Cooperation.

The parties shall use commercially reasonable efforts to cooperate with each other to effectuate the terms and conditions of this Agreement, including, without limitation, executing any additional documents which may be needed to carry out the terms hereof. By way of example, the parties may need to execute separate recordable documents in order to comply with applicable State and County filing requirements.

1. Superseding Agreement.

This Agreement supersedes, replaces and terminates any prior easements existing on the Property and any easements or agreements between the parties regarding the Easement Area.

[SIGNATURES APPEAR ON FOLLOWING PAGE]

IN WITNESS WHEREOF, the parties have executed this Easement Agreement as of the date first set forth above.

14 HARAN CIRCLE, MILLBURN, NJ

By:  ________________________________

Name: Ashley Morgan

By: ____________________________

Name: Dwayne Jean Baptiste and

TOWNSHIP OF MILLBURN

By:

Name: ________________

Title: Mayor

STATE OF NEW JERSEY )

)ss:

COUNTY OF ESSEX )

I certify that on ___________ ____, 2025, ___________________ personally appeared before me and that this person acknowledged under oath, to my satisfaction, that:

1. this person executed and delivered the attached document as his voluntary act and deed; and
2. this person was authorized by the Owners to execute and deliver the attached document on behalf of such Owners for the uses and purposes set forth therein.

______________________________

Notary Public

STATE OF NEW JERSEY )

)ss:

COUNTY OF ESSEX )

I certify that on ___________ ____, 2025, (MAYOR) personally appeared before me and that this person acknowledged under oath, to my satisfaction, that:

1. this person is the Mayor of the Township of Millburn, the municipal entity named in the attached document;
2. this person executed and delivered the attached document as his or her voluntary act and deed in such capacity; and
3. this person was authorized by such entity to execute and deliver the attached document on behalf of such company for the uses and purposes set forth therein.

________________________

Notary Public

EXHIBIT A

Legal Description of the Easement Area