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Home My Public Portal Aboutordinance 03:25Councilman Presents the following Ordinance Seconded by Councilman VACATING THE STREET OF IVANITSKY TERRACE IN THE BOROUGH OF CARTERET THEREFORE, 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 Ivanitsky Terrace, all as more particularly described in the schedule attached hereto, be and the same are hereby vacated and all public 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 itself 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. 03-25 PAGE 2 of 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. DO NO]' USE SPACE BELOW THIS LINE RECORD OF COUNCIL VOTE COUNCILMAN YES NO NV A...I COUNCILMAN YES INO NV A.I~. gRLIH X RIOS lO. PI 1~; X SITARZ X X SOSIqlJ~/SKI X - Indicate Vote AB - Absent NV - Not Voting XOR - Indicates Vote to Overrule Veto Adopted on first reading of the Council of the Borough of Carteret, N.J., on July 2/4.:, 2003 Adopted on second reading after hearing on tgIIC. II.qT 1 h.: James E. Cleary & Associates, Inc. Consulting Engineers * Land Surveyors · Planners 207 SOUTH STEVENS AVENUE SOUTH AMBOY, NEW JERSEY 08879 732--727-3610 (Fax) 732--727-9212 Description of a portion of Ivenitsky Terrace to be vacated Borough of Carteret Beginning at a point in the northeasterly line of Pendro Avenue (formerly known as West Maple Street), said point being distant 114.55' northwesterly along the same from the intersection of the said northeasterly line of Pendro Avenue and the westerly line of Minue Street and running thence 1) Along the northwesterly prolongation of the said northeasterly line of Pendro Avenue, N65°-30'-09"W 50.0' to a point, thence 2) Along the northwesterly line of Ivenitsky Avenue, N24°-29'-51"E 197.57' to a point, thence 3) Along a portion of the southwesterly line of Lot 9, S64°-30'-30"E 50.0'to a point, thence 4) Along the southeasterly line of Ivenitsky Avenue, S24°-29'-51"W 197.42' to a point, the point and place of beginning. Contains: 9874.88 SF or 0.22 Acres Subject to and all easements and restrictions of record. Date 7/Z~/05 Jame~.~~~ Affidavit of Publication Publisher's Fee $73.92 Affidavit Charge $20.00 State of New Jersey } ss. MIDDLESEX COUNTY ~ ~ apg*'- Personally appeared LINDA DIAZ T~?,~) ~T.9,S. of the l-Iome lqews 'l'ribune, a newspaper printed In Freehold, NJ and published ~n NEPTUNE, In said County and State, and of generaI circulation In said county, who being duly sworn, deposeth and saith that the advertisement of which the annexed Is a true copy, has been published In the said newspaper 1 (0NEI times, once In each Issue, as follows 7/26/03. A,D,, 2003 PATRIClA W. TOWNSEND NOTARY P~--IY~NEW JERSEY sworn and subscrlbe~/ before me this MY C~r~O~XPI~ES OCT. 2, 2005 Notary Public 0f New Jersey ~UGH OF CARTERET ~.d publicati ....... ding to applicable law. in]g of the Council of the Borough of Carteret held ~RDINANCE ~-25 July 24, 2003 when it was adopted on First Read- VACATING THE STRE~ OF IVANIT~KY TERRACE i~g. The sai~ Ordinance will be further considered on Second Readin~g for final adoption at a meeting THE BOROUGH Of CARTERET of said Council of the Borough of Carteret on THEREFORE, BE IT ORDAINED, by the Mayor and Au ust ]4, 2003 at ap~roximatel 7:00 P.M., Munic Council of the Borough of Carteret, as follows: ip~, Court/Police Facdity, 230 ~oosevelt Avenue, That parts of the street and tracts of land situat- Certeret, New Jersey at which time and place all ed in the Borough of Carteret, Count[v of Middle pars°ns interested will be given an opportunity to sex, and State of New Jersey, an~ know~ as De heard. K~hleen M. Bamey~ Municipal Clerk Ivenitsky Terrace, all as more particularly de ~$73.92~ 23076 scribed in the schedule attached hereto, be and the same are hereby vacated and all public rights therein extinguished, sub eot. however, to the reservat ohs here ne tar set orth. The Borough of Carteret, for itself, its successors and assigns, reserves unto itself the right construct, install, build, operate, maintain, use, repair, replace and relocate such public utilities and cable television facilities, within the described ~remises, which it ma , at any time hereafter, Y eem necessary for the public health, safety, convenience and welfare, and the Borou]g~h of Carteret further reserves unto itself the right to use, maintain, repair, replace and relocate 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, in stalling, leveling, constructing and repairinig its utilities, mains and appurtenances, if any, wher ever there exists such utilities, mains and/or pipeline(s) end appurtenances thereto beneath the surface of the aforesaid described land. The Borough further expressly reserves a~d excepts from vacation all ri~ghts and privileges now pos RS. 48:2 13, and by any cabte television compa- ny, as defi~ed in the '"Cable Television Act,"PL 1972, c~ 186 C,48:5A-1 et seq.), to maintain, repair and replace their existing facilities i~, adja- cent to, over or under the aforesaid la~d. All of the aforesaid rights shall be unaffected by this ordinance. The Borough Clerk is hereby directed to file within 60 days of this Ordinance becomlng effec rive a certified copy of the same in the Middlesex County Clerks O~fice All Ordinances or parts thereof inconsistent with the provision of this Ordinance ere hereby re- pealed limited to the extent of any such inconsis tency. If an~ section, paragraph, sub-division, clause or prowsion of this Ordinance is ad udg(ed invalid, such adjudication shall apply only to the section, paragraph sub division, clause or provision so she be deemed va id and effec ive Affidavit of Publication Publisher's Fee $14.96 Affidavit Charge $20.00 State of New Jersey } ss. MIDDLESEX COUNTY Personally appeared LINDA DIAZ of the Home News '['rJ. bune, a newspaper printed In Freehold, NJ and published In NEPTUNE, In said County and State, and of general c~rculatlon In said county, who being duly sworn, deposeth and salth that the advertisement of which the annexed Is a true copy, has been published In the said newspaper 1 (ONE) times, once In each Issue, as follows 8/20/03, NOTARY PUBLIC OF NEW JERSEY ~/~ . /0 MY COMMISSION ~t~ES OCT. 2, 2005 sworn and subscrlb~:l before me this N0tar~ Public of New Jersey I ' '~ -- BOROUGH OF CARTERET VACATING THE STREET OF IVANITSKY TERRACE INTRODUCED: JULY 24, Advertised as adopted on first reading with notice of Public Hearin : JULY 29, 200~ Hearing Held: A6GUST 14, 2003 Approved By: MAYOR DANIEL J. REIMAN Advertised as finally adopted: AUGUST 20, 2003 1514.96~p 18115