TOWNSHIP OF WANTAGE
AN ORDINANCE TO RELEASE, VACATE AND
EXTINGUISH
CERTAIN PUBLIC RIGHTS IN A PORTION OF QUARRY ROAD.
Ordinance #2003-14
WHEREAS, the Wantage Township Committee,
County of Sussex and State of New Jersey adopted a resolution entitled
“Resolution of the Wantage Township Committee approving an agreement
providing for the vacation and sale of a portion of Quarry Road, and
construction of a cul-de-sac and dedication of the cul-de-sac to the
Township” on or about February 2, 2003. An Agreement was entered
between the Township of Wantage and Lou and Debbie Dobbs.
WHEREAS, the Agreement provides that the Township will vacate public
rights in a portion of Quarry Road provided the conditions in the Agreement
have been met;
WHEREAS, the Dobbs have executed the Agreement and have, to date, fulfilled
the terms of the Agreement;
WHEREAS, there appears to be no public need for that portion of Quarry
Road; and,
WHEREAS, the public use or maintenance of that portion of Quarry Road
which is to be vacated would cause a financial burden to the Township
without any beneficial return to the public.
NOW, THEREFORE, BE IT ORDAINED by the Wantage Township Committee, County
of Sussex and State of New Jersey, as follows:
1. The public rights and interests in a certain portion of Quarry
Road are vacated, abandoned and released effective upon the satisfactory
completion of all items in the Agreement as determined by the Township
Committee with the recommendations of the Township Engineer and Township
Attorney.
2. Reserved and excepted from this vacation are all rights and privileges
possessed by public utilities as defined in N.J.S.A. 48:2-13 and by
any cable television company as defined in the “Cable Television
Act”, P.L. 1972(c) 186 (See 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.
3. Reserved and excepted are any rights or easements for storm drainage
through, over or under the road being vacated which the Township may
own or possess.
4. All conflicting or inconsistent ordinances are repealed.
5. This Ordinance shall become effective twenty (20) days after final
passage and publication according to law, and the Township Clerk shall
within sixty (60) days after this Ordinance becomes effective file
a certified copy together with a copy of proof of publication in the
Sussex County Clerk’s Office.
ATTEST:
_________________________________
Jeffrey Parrott, Mayor
___________________________________
James R. Doherty, Clerk/Administrator
NOTICE is given that this ordinance was introduced and passed upon first
reading at a meeting of the Mayor and Township Committee of the Township
of Wantage, in the County of Sussex, New Jersey, held on August 14, 2003.
It will be further considered for final passage with the proposed ordinance
after public hearing at a meeting of the Mayor and Township Committee
to be held in the Wantage Township Municipal Building, 888 Route 23, Wantage,
New Jersey 07461, on September 11, 2003, at 8:00 o'clock P.M., and copies
of the ordinance will be made available at the Clerk's office in the Municipal
Building to members of the general public.
______________________________________
James R. Doherty, Clerk/Administrator
SUMMARY EXPLANATION:
This Ordinance provides for vacation of certain portions of Quarry Road.
As part of the Agreement, cul-de-sacs will be conveyed by the adjacent
property owner (with one being fully paved at this time). Not all of
Quarry Road is being vacated. The portion that is being vacated is described
in a series of metes and bounds descriptions and include parcels 1.03
through 1.11. The map, all metes and bounds descriptions, the cul-de-sac
descriptions, and the underlying Agreement are all available for public
inspection during normal business hours in the Municipal Clerk’s
Office at the Township Municipal Building, 888 Route 23, Wantage, New
Jersey.
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