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ORDINANCE 2013-32 Dune Easement

ADOPTED: August 20, 2013

AN ORDINANCE OF THE BOROUGH OF POINT PLEASANT BEACH, COUNTY OF OCEAN AND STATE OF NEW JERSEY, AUTHORIZING THE EXECUTION OF A GRANT OF AN EASEMENT FOR THE CREATION OF DUNES AS REQUIRED BY THE UNTIED STATES ARMY CORPS OF ENGINEERS ON BOROUGH PROPERTY

WHEREAS, the Borough of Point Pleasant Beach is the owner of fee simple of certain real property located in the Borough of Point Pleasant Beach, County of Ocean, State of New Jersey, designated as Lot 1 Block 1.02, Lot 3.01 Block 9 and Lot 10, Block 10 on the official tax map of the Borough of Point Pleasant Beach, County of Ocean along the Atlantic Ocean; and
WHEREAS, the State of New Jersey is looking to partner with the United States Army Corps of Engineers (“Army Corps”) to construct the Manasquan Inlet to Barnegat Inlet Storm Damage Reduction Project (“Project”), which involves the creation and maintenance of dunes; and
WHEREAS, the State and Army Corps have identified the Borough’s properties designated as Lot 1 of Block 1.02, Lot 3.01 of Block 9 and Lot 10 of Block 10 as falling within the projects limits; and
WHEREAS, in order for the Army Corps to create the dunes, an easement over the Borough property is necessary; and
WHEREAS, the granting of easements requires the approval by Ordinance of the Borough Council pursuant to N.J.S.A. 40A:12-5; and
WHEREAS, the Borough, having the authority to do so, intends to authorize execution of the Easement for the creation and maintenance of dunes in accordance with the Manasquan Inlet to Barnegat Inlet Storm Damage Reduction Project, affecting Lot 1 Block 1.02, Lot 3.01 Block 9 and Lot 10, Block 10 .
NOW, THEREFORE, BE IT HEREBY ORDAINED AND ENACTED by the Borough Council of the Borough of Point Pleasant Beach, County of Ocean and State of New Jersey as follows:
SECTION 1. That the Mayor and the Borough Clerk are authorized to execute and attest to, respectively, each Grant of Easement between the Borough, the State of New Jersey and the United States Army Corps of Engineers, as provided by the Deed of Dedication and Perpetual Storm Dramage Reduction Easement attached hereto and incorporated herein as Schedule A.
SECTION 2. That the Mayor and the Borough Clerk shall be authorized to execute any additional documents necessary to carry out the intent of this Ordinance.
SECTION 3. Each clause, section of subsection of this Ordinance shall be deemed a separate provision to the intent that if any such clause, section or subsection should be declared invalid, the remainder of the Ordinance shall not be affected.
SECTION 4. This Ordinance shall take effect upon adoption and publication according to law.

NOTICE
NOTICE IS HEREBY GIVEN that the foregoing Ordinance was introduced and passed on first reading at the regular meeting of the governing body of the Borough of Point Pleasant Beach, County of Ocean, and State of New Jersey, held on the 30th day of July, 2013 and that said ordinance will be considered for final passage at the meeting of said governing body to be held at 416 New Jersey Avenue, Point Pleasant Beach on the 20th day of August, 2013 at 7:00 p.m. or as soon thereafter as said matter may be reached, at which time and place any person desiring to be heard shall be given an opportunity to be so heard.

Maryann Ellsworth, RMC Municipal Clerk


Published September11, 2013 | New Ordinances | 1674


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