Ordinance No. 33-07

Introduced: November 1, 2007
Public Hearing: December 6, 2007
Status: Adopted

An ordinance to vacate any and all public rights in and to Beech Terrace in the Township of Randolph, County of Morris, State of New Jersey

WHEREAS, there exists in the Township of Randolph, County of Morris and State of New Jersey, a certain unimproved and unaccepted right-of-way known as Beech Terrace; and

WHEREAS, Richter Street Property, LLC has requested that the Township vacate all public rights in and to Beech Terrace in accordance with the conditions of the Planning Board’s Minor Subdivision approval granted on March 5, 2007; and

WHEREAS, the Governing Body of the Township of Randolph has determined that the public necessity and general welfare of the inhabitants of the Township do not require that the unimproved and unaccepted right-of-way of Beech Terrace as described herein below be opened and maintained as a public street; and

WHEREAS, the Governing Body desires to vacate any and all public rights in and to Beech Terrace, as more specifically described hereinafter.

NOW, THEREFORE, BE IT ORDAINED, by the Governing Body of the Township of Randolph, in the County of Morris, and State of New Jersey, as follows:

SECTION ONE. The unimproved and unaccepted right-of-way of Beech Terrace as described on Schedules A and A1 attached hereto and made a part hereof is hereby vacated and the public rights therein be and the same are hereby forever extinguished, and the said lands referred to shall be held by the owner or owners thereof free and discharged from any public rights, as if said public rights had never existed.

SECTION TWO. Having passed a first reading, this Ordinance shall be published in the manner required by N.J.S.A. 40:49-6, at lease once not less then ten (10) days prior to the time fixed for further consideration for final passage.

SECTION THREE. Pursuant to N.J.S.A. 40:49-6, at lease one week prior to the time fixed for final passage, a copy of the Ordinance, together with the notice of the introduction, including time and place fixed for final passage, shall be mailed to every person whose land may be affected by the Ordinance.

SECTION FOUR. The Township Clerk shall, within sixty (60) days after the Ordinance becomes effective, file a certified copy thereof, under the seal of the Township of Randolph, together with a copy of the proof of publication thereof, in the Office of the Clerk of Morris County, pursuant to N.J.S.A. 40:67-21.

SECTION FIVE. Any and all rights and privileges now 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, N.J.S.A. 48:5A-1, et seq., to maintain, repair and replace existing facilities in, adjacent to, over and under Beech Terrace hereby vacated be and the same are hereby expressly reserved and excepted from said vacation.

SECTION SIX. The Mayor and Township Clerk are hereby authorized to execute any and all instruments and to do all things necessary to effectuate the purpose of this Ordinance.

SECTION SEVEN. All Ordinances of the Township of Randolph, which are inconsistent with the provisions of this Ordinance, are hereby repealed as to the extent of such inconsistency.

SECTION EIGHT. If any subsection clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid in any Court of competent jurisdiction, such decision shall not affect the remaining portion of this Ordinance.

SECTION NINE. This Ordinance shall take effect immediately upon final passage, approval and publication as provided by law.

ATTEST

_____________________________
Donna Marie Luciani, Township Clerk

TOWNSHIP OF RANDOLPH

_____________________________
Michael Obremski, Mayor

LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 33-07

Notice is hereby given that an ordinance entitled “Ordinance to provide for the vacation of Beech Terrace in the Township of Randolph, County of Morris, State of New Jersey,” was submitted in writing at a regular meeting of the Mayor and Council of the Township of Randolph, held on November 1, 2007, and was introduced, read by title and passed on first reading. A Statement of Purpose of the Ordinance is contained below. The Governing Body of the Township of Randolph will further consider the Ordinance for second reading and final passage thereof at their regular meeting to be held on December 6, 2007 at 8:00 p.m., prevailing time, at the Municipal Building, 502 Millbrook Avenue, Randolph, New Jersey, 07869, at which time and place a public hearing will be held thereon by the Governing Body and all parties in interest and citizens shall have an opportunity to be heard concerning said Ordinance.

Statement of Purpose of Ordinance

The purpose of the above Ordinance is to vacate any and all public rights in and to Beech Terrace in the Township of Randolph. A copy of the full Ordinance is available to any member of the general public, without cost, at the Township of Randolph, Municipal Building, Millbrook Avenue, Randolph, New Jersey, at the Office of the Township Clerk, between the hours of 9:00 a.m. and 4:30 p.m.

_____________________________
Donna Marie Luciani, Township Clerk
Township of Randolph
County of Morris, State of New Jersey