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ORDINANCE 2013-41 Vacate Portion of Alley

Adopted: December 3, 2013

AN ORDINANCE RELEASING, EXTINGUISHING AND VACATING THE RIGHTS OF THE PUBLIC IN A PORTION OF AN UNNAMED ALLEY BETWEEN CARTER AVENUE AND ELIZABETH AVENUE IN THE BOROUGH OF POINT PLEASANT BEACH, COUNTY OF OCEAN AND STATE OF NEW JERSEY

SUMMARY

An ordinance releasing, extinguishing and vacating a portion of an unnamed alley between Carter Avenue and Elizabeth Avenue.

WHEREAS, due to Superstorm Sandy, many homeowners in the Borough have been forced to reconstruct all or portions of their homes; and

WHEREAS, while examining the need for reconstruction, it was discovered that an existing structure was located within a certain right of way not needed for public purposes; and

WHEREAS, it has been determined by the Borough Council as follows:

(1) That the portion of the unnamed alley described hereinbelow is not needed for use for public road purposes;
(2) That the portion of the unnamed alley was never accepted nor opened as a public street or right of way; and

(3) That the said portion the unnamed alley lends itself to higher and better use than for public road purposes and that it is in the best interest of the general public and the Borough of Point Pleasant Beach that any public easements, right and interest in and to same shall be vacated, released and extinguished.

NOW, THEREFORE, BE IT ORDAINED by the Borough Council and the Borough of Point Pleasant Beach, County of Ocean and State of New Jersey as follows:

SECTION I

All public easements, right and interests to the portion of described hereinbelow, are hereby vacated, released and extinguished except for said easements and rights specifically set forth in the description hereinbelow and except for all rights and privileges now possessed by public utilities, as defined by NJSA 48:2-13, and by any Cable Television Company, as defined in the “Cable Television Act,” NJSA 48:5A-1 et seq., to maintain, repair and replace their existing facilities in, adjacent to, over or under the street, or any part thereof, to be vacated subject to the conditions described herein, all conditions, unless otherwise noted, shall be satisfied prior to said vacation being effective:

DESCRIPTION OF A PORTION OF THE UNNAMED ALLEY TO BE VACATED
POINT PLEASANT BEACH BOROUGH, OCEAN COUNTY, NEW JERSEY

Containing 202 square feet of land, more or less as more particularly described in Exhibit “A” attached.

The above-described parcel in its entirety is subject to a Storm Damage Easement to Point Pleasant Beach Borough.

The above-described parcel in its entirety is also subject to a Sanitary Sewer Easement to the Borough of Point Pleasant Beach.

The above-described parcel in its entirety is also subject to a Blanket Utility Easement to all Public Utilities having utility lines running over, under or through the property.

Above description prepared by Stanley Hans Jr., NJPLS No. 29182

SECTION II

The Clerk of the Borough is hereby authorized and directed to: (i) publish notice of the introduction of this Ordinance pursuant to N.J.S.A. 40:49-2; provided, however, that notice as to such introduction and public hearing shall be made, pursuant to N.J.S.A. 40:49-6, at least ten (10) days prior to the public hearing and adoption hereof; and (ii) to mail, at least one week prior to the public hearing and adoption hereof, a copy of the notice referenced in subsection (i) hereof to every person whose lands may be affected by this Ordinance.

SECTION III
In the event any section, part or provision of this Ordinance shall be held unconstitutional or invalid by any Court, such holding shall not affect the validity of this Ordinance or any remaining part of this Ordinance other than the part held unconstitutional or invalid.




SECTION IV
All ordinances or parts thereof, which are inconsistent with the provisions of this Ordinance, are hereby repealed to the extent of their inconsistencies.

SECTION V
This ordinance shall take effect immediately upon adoption and publication in accordance with law.

SECTION VI

Within sixty (60) days after adoption of this ordinance, the Borough Clerk is authorized and directed to cause a certified copy of this ordinance to be filed with the office of the Ocean County Clerk.
NOTICE
NOTICE IS HEREBY GIVEN that the foregoing Ordinance was introduced and passed on first reading at the regular meeting of the Borough Council of the Borough of Point Pleasant Beach, in the County of Ocean, held on the 12th day of November, 2013 and will be considered for second reading and final passage at the regular meeting of said governing body to be held on the 3rd day of December 2013 at 7:30 p.m. in the Council Chambers, Borough Hall, 416 New Jersey Avenue, Point Pleasant Beach, New Jersey at which time and place any person desiring to be heard will be given an opportunity to be so heard.



_____________________________
EXHIBIT A

R.C. BURDICK, P.E. P.P. P.C. _
1023 OCEAN RD. PT. PLEASANT, N.J. 08742
PHONE 732-892=5050
FAX 732-892-5888


LEGAL DESCRIPTION

PORTION OF ACCESS EASEMENT TO BE ABANDONED

LOT 6, BLOCK 13.11

BOROUGH OF POINT PLEASANT BEACH

OCEAN COUNTY, NEW JERSEY

PROJECT NO. 13-5061

September 26, 2013


Beginning at a point separate from the intersection of the centerline of an unnamed Alleyway, (16’ wide) and the southerly right of way of Elizabeth Ave. (60’ wide) by the following coarse:

A) South 22o 30’ 00” West along the easterly right of way of the unnamed Alleyway (16’ wide) a distance of 75.20’ to the point and place of beginning; thence

1) South 60o 00’ 00” East a distance of 8.07’ to a point in the easterly right of way of the unnamed alley; thence
2) South 22o 30’ 00” West along the easterly right of way of the unnamed Alleyway a distance of 25.20’ to a point; thence
3) North 60o 00’ 00” West a distance of 8.07’ to a point in the middle of the Alleyway; thence
4) North 22o 30’ 00” East a distance of 25.20’ to the point and place of beginning.


Total area: 202 sf




___________________________________
Stanley Hans Jr., NJPLS No. 29182


MARYANN ELLSWORTH, RMC


Published November25, 2013 | New Ordinances | 1722


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