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HomeMy Public PortalAboutOrd. 11-010Orbinaure No. 11 -10 o f the Poroug� of ga rtere t, Councilman Preset s the fr;lov ig O dinance Seconded by Councilman VACATING A PORTION OF GERMAK DRIVE IN THE BOROUGH OF CARTERET BE IT ORDAINED, by the Mayor and Council of the Borough of Carteret, as follows: Section 1. That parts of the street and tracts of land situated in the Borough of Carteret, County of Middlesex, and State of New Jersey, and known as Germak Drive, to comprise the unimproved portion of said roadway between its intersection with the westerly side of Pekola Terrace to its intersection with the easterly side of Orchard Street, be and the same are hereby vacated and all publi rights therein extinguished, subject, however, to the reservations hereinafter set forth. Section 2. The Borough of Carteret, for itself, its successors and assigns, reserves unto itsel the right to construct, install, build, operate, maintain, use, repair, replace and relocate such public utilities and cable television facilities, within the described premises, which it may, at any time hereafter, deem necessary for the public health, safety, convenience and welfare, and the Borough of Carteret further reserves unto itself the right to use, maintain, repair, replace and relocate all existing utilities and cable television facilities owned or controlled by it located in, adjacent to, upon or through said land, and further reserves unto itself and easement over, under, through and across the portion of the land described herein as may be necessary or expedient for the purpose of maintaining, replacing, relocating, installing, leveling, constructing and repairing its utilities, mains and appurtenances, if any, wherever there exists such utilities, mains and/or pipeline(s) and appurtenances thereto beneath the surface of the aforesaid described land. The Borough further expressly reserves and excepts from vacation all rights and privileges now possessed by any and all 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 aforesaid land. All of the aforesaid rights shall be unaffected by this ordinance. Section 3. The Borough Clerk is hereby directed to file within 60 days of this Ordinance becoming effective a certified copy of the same in the Middlesex County Clerks Office. Section 4. All Ordinances or parts thereof inconsistent with the provision of this Ordinance are hereby repealed limited to the extent of any such inconsistency. NO. 11-10— PAG Section 5. If any section, paragraph, sub - division, clause or provision of this Ordinance is adjudged invalid, such adjudication shall apply only to the section, paragraph, sub - division, clause or provision so adjudged and the remainder of this ordinance shall be deemed valid and effective. Section 6. This Ordinance shall take effect upon its passage and publication according to applicable law. RECORD OF COUNCIL VOTE COUNCILMAN YES NO NV A.B. COUNCILMAN YES NO NV A.B. BELLINO X DIAZ X NAPLES DIMASCIO X X - Indicate Vote AB . Absent NV - Not Voting XOR - Indicates Vote to Overrule Veto Adopted on firstreading of the Adopted on second read' afte until of the Borough of Carteret, NJ., on April 28 , '9011 aring on May 19 0 2011 APPRO ED Y ON MAYOR ,.-- MUNICIP L L RK BORUGNOF CARTERET AFFIDAVIT OF PUBLICATION The following is a true copy of an Ordinance or Resolution of the Borough of Carteret that has appeared in the Home News Tribune, a newspaper which is printed in Freehold, New Jersey and published in Neptune, in said County and State and of general circulation in said county. One (1) time(s), once in each issue as follows: May 3, 2011 Notary Public of New Jersey LINDA A RIVERA NOTARY PUBLIC OF NEW JERSEY MY COMMISSION L'XVIR U� e,; ,';Y 2, N j vl G Sworn and subscribed before me this day of ,� o i l 10 Kathleen M. Barney, *MC Municipal Clerk AFFIDAVIT OF PUBLICATION The following is a true copy of an Ordinance or Resolution of the Borough of Carteret that has appeared in the Home News Tribune, a newspaper which is printed in Freehold, New Jersey and published in Neptune, in said County and State and of general circulation in said county. One 1 time(s), once in each issue as follows: May 29, 2011 Notary Public of New Jersey 'Kathleen Barney, MMC Municipal Clerk LINDA A RIVERA NOTARY PUBLIC OF NEW JERSEY MY COMMISSION EXPIRES MAY 2,2014- ` Sworn and subscribed before me this. _L),-,, day of z J , 1 BORMHOFCARTERET ORDINANCE A11 -10 VACATING A PORTION OF CERMAK DRIVE IN THE BOROUGH OF CARTERET APPROVED AND ADOPTED- WAY 192011 INTRODUCED: - - APRIL 28 2011 Ad,a,6eed as Ad m Fst Reading with notice d Po is Hearing: _ MAY 3 2011 Hearing Held: MAY 19 2011 Apppproved By: ---- MAYOR DANIELJ. WMAN -- AWertizd as rM Adopled: MAY 29, 2011 - KATHLEEN M. BARNEY, MM.0 Municipal Clark '.12.96) 340570 r�J ' t L E t