DUE TO DEFICIENCY IN NOTICE, ORDINANCE WAS NOT ADOPTED—WILL BE REINTRODUCED ON 2011 as #2145
EXPLANATION: This Ordinance authorizes and approves the Township’s vacation of the public rights-of-way identified as a portion of East Oak Street and Great Swamp Road, with the portions of the property being vacated to be transferred to the adjacent property owners, for the potential future development of affordable housing.
ORDINANCE #2136
An Ordinance Authorizing and Approving the Township of Bernards’ Vacation of the Public Rights-Of-Way Identified as a Portion of East Oak Street and Great Swamp Road
WHEREAS, there exists in the Township of Bernards, County of Somerset, State of New Jersey, public rights-of-way identified as East Oak Street and Great Swamp Road, as shown on the Official Tax Map of the Township of Bernards; and
WHEREAS, N.J.S.A. 40:67-1(b) and N.J.S.A. 40:67-19 authorizes a municipality, by ordinance, to vacate, release and extinguish the public’s rights in any portion of a public street, highway, lane or alley, and any portion of property dedicated as a public street, where the public interest will be better served by releasing those lands or any part thereof from such dedication; and
WHEREAS, the Township Planner/Engineer recommended the vacation of the public rights-of-way being a portion of East Oak Street and Great Swamp Road to allow for the potential future development of affordable housing in the Township; and
WHEREAS, the portions of East Oak Street and Great Swamp Road to be vacated are more particularly described by metes and bounds description entitled “Vacation of a Portion of East Oak Street and Great Swamp Road,” attached hereto as Exhibit A; and as delineated on a map entitled “Vacation of a Portion of East Oak Street and Great Swamp Road,” attached hereto as Exhibit B, which description and map were prepared by Frederick Peter Axt, N.J.P.L.S., Township Professional Surveyor (hereinafter the area to be vacated shall be referred to as the “Road Vacation Area”); and
WHEREAS, the Township obtained the right-of-way in East Oak Street by dedication in 1927, and the Township obtained the right-of-way in Great Swamp Road by dedication in the early 1920s; and
WHEREAS, the public rights-of-way to be vacated shall revert to property owners of the adjacent properties identified as Block 1701, Lot 13, Block 1611, Lots 32, 39 and 40, and Block 1609, Lot 22, as further identified on the attached Exhibits; and
WHEREAS, Block 1701, Lot 13 and Block 1611, Lot 39 are owned by the County of Somerset, having been conveyed from John J. Astor by Deed recorded in the Somerset County Clerk’s Office in Deed Book 1168, at Page 30; and
WHEREAS, Block 1611, Lot 32 is owned by Ridge Oak II, Inc., having been conveyed from Ridge Oak Management, Inc., by Deed dated September 30, 2003, recorded in the Somerset County Clerk’s Office on September 30, 2003, in Deed Book 5472, at Page 671, Instrument No. 2003123651; and
WHEREAS, Block 1611, Lot 40 is owned by Ridge Oak II, Inc., having been conveyed from Gilbert E. Dickson and Anita Dickson, husband and wife, by Deed dated January 27, 2010, recorded in the Somerset County Clerk’s Office on February 1, 2010, in Deed Book 5298, at Page 995, Instrument No. 2010004593; and
WHEREAS, Block 1609, Lot 22 is owned by Ridge Oak, Inc., having been conveyed from Ridge Oak, Inc., by Deed dated August 18, 1976, recorded in the Somerset County Clerk’s Office on September 16, 1976, in Deed Book 1338, at Page 190; and
WHEREAS, that portion of East Oak Street being vacated, from the centerline of the vacated roadway to the width of the right-of-way, shall revert to the corresponding properties along the property lines of the vacated roadway, being Block 1609, Lot 22 and Block 1611, Lot 32; and
WHEREAS, that portion of Great Swamp Road being vacated, from the centerline of the vacated roadway to the width of the right-of-way, shall revert to the corresponding properties along the property lines of the vacated roadway, being Block 1609, Lot 22, Block 1611, Lot 39, Block 1611, Lot 40, and Block 1701, Lot 13; and
WHEREAS, the Township Committee of the Township of Bernards does hereby determine that the public rights-of-way being a portion of East Oak Street and Great Swamp Road are no longer needed for public purposes; and
WHEREAS, the Township Committee of the Township of Bernards does hereby determine that the vacation of the public rights-of-way being a portion of East Oak Street and Great Swamp Road will better serve the public interest, and allow for the potential future development of affordable housing in the Township; and
WHEREAS, the Township Committee of the Township of Bernards finds it to be in the best interests of the Township and its citizenry to vacate the public rights-of-way being a portion of East Oak Street and Great Swamp Road, and the remaining property to revert to the Township.
NOW, THEREFORE, BE IT ORDAINED by the Township Committee of the Township of Bernards, in the County of Somerset and State of New Jersey, as follows:
- Subject to the conditions set forth herein, the rights of the public in and to a portion of East Oak Street and Great Swamp Road, identified as the Road Vacation Area, are hereby released, extinguished and vacated.
- The Road Vacation Area, being a portion of East Oak Street and Great Swamp Road which is hereby vacated, shall revert to the owners of, and shall merge, consolidate with, and become a part of the adjacent properties identified as Block 1701, Lot 13, Block 1611, Lots 32, 39 and 40, and Block 1609, Lot 22 on the Official Tax Map of the Township of Bernards, as further identified on the attached Exhibits.
- The Township of Bernards, by vacation of the publics rights in a portion of East Oak Street and Great Swamp Road, if it is the owner in fee simple of any portion of such lands, expressly waives any rights pursuant to N.J.S.A. 40:60-28 to make a private sale of and to convey the lands so vacated to any adjoining property owners at fair and just prices. Title to the lands vacated hereby shall revert to the fee simple property owners of the adjacent property owners.
- The Mayor and Township Clerk of the Township of Bernards are hereby authorized and directed to sign and execute the Quitclaim Deeds in the form attached hereto, transferring ownership of the vacated portions of East Oak Street and Great Swamp Road to the adjacent property owners.
- Expressly reserved and excepted from this vacation Ordinance are all rights and privileges heretofore possessed by public utilities as defined in N.J.S.A. 48:2-13, and any cable television company as defined in the “Cable Television Act,” N.J.S.A. 48:5A-1, et seq., to maintain or repair their existing facilities adjacent to, over and under the street to be vacated. A perpetual easement, if the same is required, is reserved for the benefit of public utility companies for the purpose of ingress and egress over and upon the same in order to maintain, repair or replace existing utility facilities, if any, including water lines, gas lines and telephone, electric and cable television wires and poles which may be located beneath the surface of the foregoing premises or above the same.
- After introduction, this Ordinance shall be referred to the Bernards Township Planning Board for review and comment pursuant to N.J.S.A. 40:55D-26, -32, and -33, since vacation of a public street or portion thereof constitutes a change to the official map of Bernards Township, and the closing of a public street.
- At least seven (7) days prior to the time fixed for the consideration of this Ordinance for final passage, a copy of this Ordinance, together with a notice of its introduction and the time and place when and where the Ordinance will be further considered for final passage, shall be given by the Township Clerk to the owners of all real property, as shown on the current tax map duplicates, to be located within 200 feet in all directions of the subject properties. At least ten (10) days prior to the time fixed for the consideration of this Ordinance for final passage, a copy of this Ordinance, together with a notice of its introduction and the time and place when and where the Ordinance will be further considered for final passage, shall be published at least once in a newspaper published and circulated in the Township. This is the notice required by N.J.S.A. 40:67-19 and N.J.S.A. 40:49-6.
- After passage and final adoption of this Ordinance, the Township Clerk shall send a copy of this Ordinance to the Commissioner of the New Jersey Department of Transportation for approval, pursuant to N.J.S.A. 39:4-8, and the February 21, 2979, Opinion of the New Jersey Attorney General, John J. Degnan, AAA No. M78-3698, “Municipal Street Vacations.”
- The Township Clerk shall, within sixty (60) days of the effective date of this Ordinance, file a copy of this Ordinance certified by her under the seal of the Township to be a true copy thereof, together with proof of publication thereof, in the office of the Clerk of the County of Somerset in the Book of Vacations, in accordance with the provisions of N.J.S.A. 40:67-21.
- This Ordinance shall take effect upon final passage, adoption and publication according to law, and the recording of this Ordinance with the Somerset County Clerk’s Office.
- If any article, section, subsection, paragraph, phrase or sentence is, for any reason, held to be unconstitutional or invalid, said article, section, subsection, paragraph, phrase or sentence shall be deemed severable.
TOWNSHIP OF BERNARDS
PUBLIC NOTICE
Ordinance #2136 was introduced and passed on first reading by the Township Committee of the Township of Bernards in the County of Somerset on 10/26/2010 and then ordered to be published according to law. It will be further considered for final passage and adoption at a public hearing held at a meeting of the Township Committee at the Municipal Building, 1 Collyer Lane, Basking Ridge, NJ in said township on 11/23/2010, at 8 P.M., 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. A complete text of this ordinance is available in the Office of the Municipal Clerk, 1 Collyer Lane, Basking Ridge, NJ, from 8:30 A.M. to 4:30 P.M., Monday through Friday. Copies are also available via e-mail from .
By Order of the Township Committee
Denise Szabo, Municipal Clerk
Public Hearing tabled from 11/23/10 to 12/14/10.
Due to deficiency in notice, PH and 2nd reading did not take place on 12/14/10. Ordinance will be re-introduced on 1/11/11.
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