TOWNSHIP OF UPPER

 

CAPE MAY COUNTY

 

O R D I N A N C E

 

ORDINANCE NO.  006-2010

 

AN ORDINANCE VACATING A PORTION OF THAT PAPER STREET KNOWN AS THE ALLEY IN BLOCK 827 ADJACENT TO LOT 3, WITHIN THE TOWNSHIP OF UPPER, COUNTY OF CAPE MAY AND STATE OF NEW JERSEY

 

WHEREAS, N.J.S.A. 40:67-1 authorizes the Governing Body of a municipality to adopt an Ordinance, among other things, to vacate any street, highway, lane, alley, square, place or park, or any part thereof, dedicated to public use but not accepted by the municipality, whether or not the same, or any portion, has been actually opened or improved; and

WHEREAS, Jeffrey S. Rue, Christine F. Rue, Robert J. Fagan, Sr. and Rose L. Fagan are the owners of Block 827, Lots 2 and 3 and have requested that the Township vacate a portion of a certain street described in this Ordinance and have agreed to pay the costs incurred by the Township to vacate said alley; and

WHEREAS, the Township Committee has duly considered the matter and it appears reasonable to agree to the request since there is no present or foreseeable need or intention to utilize said roadway; and

WHEREAS, it is deemed to be in the public interest to vacate a portion of Atlantic Avenue within the Township of Upper, as hereinafter provided.

NOW, THEREFORE, BE IT ORDAINED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:

SECTION 1:  The public right in, along, upon and over the following described land is hereby vacated, surrendered and extinguished:

Description

 

Vacation of Portion of Alley

        In Tax Block 827

as shown on Tax Map Sheet No. 33.01

Strathmere Section of

Township of Upper

 

      BEGINNING in the Southwesterly line of Randolph Avenue 148.8 feet Northeasterly from the Southeasterly line of Bayview Drive and at the Northeasterly corner of Lot 3 in Block 827 extending Southwesterly along Lot 3 in Block 827 a distance of 100 feet to a point also being the common property corner of Lot 3 and 5 in Block 827; then 10 feet Southeasterly across said alley to a point in the Northwesterly property line of Lot 4 in Block 827; then 100 feet in a Northeasterly direction along the Northwesterly property line of Lot 4 to a point in the Southwesterly line of Randolph Avenue; then 10 feet in a Northwestwardly direction along the Southwesterly line of Randolph Avenue to the point of beginning.

 

SECTION 2:  This Ordinance vacates no portion of the alley except that portion set forth and described in SECTION 1 above.

SECTION 3:  EXCEPTION:  This Ordinance expressly reserves and excepts from vacation all rights and privileges now possessed by public utilities, as defined in R.S. 48:2-13, and by any cable television company, as defined in the "Cable Television Act", P.L. 1972, c. 186, (C.48:5A-1, et seq.), to maintain, repair and replace their existing facilities in, adjacent to, over or under the street, highway, lane, alley, square, place or park, or any part thereof, to be vacated, as hereinabove described.

SECTION 4: REPEALER:  All Ordinances or parts of Ordinances inconsistent with this Ordinance are hereby repealed to the extent of such inconsistency only.

SECTION 5:  EFFECTIVE DATE:  This Ordinance shall take effect immediately upon final adoption and publication as required by law.

 

ATTEST:

 

 

____________________________                      ________________________________

WANDA GAGLIONE, Township Clerk                      RICHARD PALOMBO, Mayor

NOTICE IS HEREBY GIVEN THAT THE FOREGOING ORDINANCE WAS INTRODUCED FOR FIRST READING AT A MEETING OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF UPPER HELD ON THE 28TH DAY OF JUNE, 2010 AND WILL BE TAKEN UP FOR CONSIDERATION AS TO FINAL ADOPTION AT A PUBLIC HEARING OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF UPPER TO BE HELD ON THE 26^TH DAY OF JULY, 2010 AT 7:30 P.M. AT THE TOWNSHIP HALL, TUCKAHOE, NEW JERSEY.

BY ORDER OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF UPPER.

 

 

WANDA GAGLIONE, TOWNSHIP CLERK

TOWNSHIP OF UPPER