BY VINCENT TODARO
Staff Writer
EAST BRUNSWICK — The old Weber School property may not be up for grabs after all, because a deed limitation could sabotage its sale.
Jack and Ronnie Collins, who live next to the township-owned property at Riva Avenue and Hardenburg Lane, recently sought and found the property deed, which dates back to November 1923. The document states that the land, which had been given to the Board of Education, can only be used as a “public school.” If it is used for anything else, the property reverts to the heirs.
The trouble is, no one seems to know who or where the heirs may be. And, the property has been used in violation of its deed for years, including a period in the 1990s when a day care center operated in the former Weber School building.
The Township Council wants to sell the property, which the school board conveyed to the township years ago, but some residents are trying to stop that.
In addition to the deed issue, Ronnie Collins said the town has underestimated the value of the land, which is across the street from Bicentennial Park. Officials have said the minimum they will accept for the sale is $170,000, but Collins thinks the property is worth around a half-million dollars.
She said the Coptic Church, which is located on Riva Avenue, is interested in the school site and has made an offer to buy her property as well.
Officials said they had been unaware of such a deed limitation, and the revelation has put the land sale on hold.
Township Attorney Michael Baker has been instructed by the council to investigate the legality of using the site for something other than a public school. Council President David Stahl said the town will not solicit bids until Baker comes back with his opinion.
The issue came up at a council meeting last week, when the Collinses presented their findings to the council. Ronnie said she found out about the township’s plan to sell the property in an article in the Sentinel. She was upset that the township had not notified her that it would be taking bids for the property.
She told the Sentinel she is doing research to find the identity and location of the property heirs. The man who deeded the land to the board was named James Parsons, and is a somewhat famous township figure.
“On the deed, it’s written in plain English,” she said. “It’s for public school purposes. We’re not lawyers, but we’re not stupid. We can read plain English.”
Stahl wondered if a court would interpret the document so literally, however, considering its age and the fact the land has been used for non-public school uses.
“We did declare it surplus, but we won’t sell it until we know from counsel what we can do,” he told the Sentinel.
The first step a town must take in selling land is to declare it as surplus.
The Weber School has not functioned as a public school for decades. The building, officials said, is in poor shape, with many windows boarded up, and has been vandalized at various times.
But at the meeting, Jack Collins said the building’s structure appears to be sound, though it does need some maintenance and cleanup due to the vandalizing.
“Renovations are a lot cheaper than tearing it down,” Ronnie told the Sentinel.
“We live right behind it, and my kids went to school there,” she said.
She feels the downstairs could be used as an auditorium, while her husband suggested it could be used by Camp Daisy.
Michael DeLucia, a township resident, said that if the property is sold, the proceeds should go to the Board of Education, not the township.
Councilwoman Christi Calvano said the deed clearly states that the land must be used for a public school. In other sections, it simply refers to the site being for a school use. In either case, if the land is not used for that purpose, ownership reverts to the heirs.
Wherever they are.