HomeMy Public PortalAboutOrd. 05-43
No.
05-43
Councilman
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Presents the fol1owing Ordinance Seconded by Councilman
VACATING A PORTION OF CHRISTOPHER STREET
AND A PORTION OF JOHN STREET IN THE BOROUGH
OFCARTERET
THEREFORE, BE IT ORDAINED, by the Mayor and Council of the Borough of
Carteret, as follows:
Section 1.
Section 2.
Section 3.
That paris of the slreet and tracts of land situated in the Borough of
Carteret, County of Middlesex, and State of New Jersey, and known as a
pdrtion of Clu'ist~pher Street anda portion of Jolm Street, all as depicted on
Schedule A and as more particularly described in the Schedule B attached
hereto, be and the same are heteby vacated and all public rights therein
extinguished, subject, however, to the reservations hereinafter set forth.
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 Calieret further reserves unto itself the light
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 an 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 appmienances 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-I et seq.), to maintain, repair and replace their existing facilities
in, adjacent to, over or under the aforesaid land. All of the aforesaid rights
sl12.l1 be unaffected by this ordinance.
The Borough Clerk is hereby directed to file within 60 days of this
Ordinance becoming effective a certified copy of the saine in the
Middlesex County Clerks Office.
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05-43
PAGE
2
NO.
I
I
Section 4,
All Ordinances or parts thereof inconsistent with the provision of
this Ordinance are hereby repcalcdlimited to the extent of any
such inconsistency.
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 G.
This Ordinance shall take effect upon its passage and publication
according to applicable law.
L
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DO NOT USE SPACE BELOW THIS LINE
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RECORD OF COUNCIL VOTE
COUNCILMAN
YES NO
NV A.B.
COUNCILMAN
YES NO
NV A.B.
BELf.TNO
DTAZ
~
IDS
__SITA
x - Indicate Vote AB - Absent NY· Not Voting XOR - Indicates Vote to Overrule Veto
Adopted 011 first reading oflhe Council of the Borough afCarteret. N.J., on July 21, 2005, Subsequ ntly
Amended September 1, 2005.
Adopted on second leadIng after heanng on_
2~'O"';'V~'" ;;; "¡dL ,
" MU~
BOROUGH OF CARTERET
ORDINANCE #05-43
"VACATING A PORTION
OF CHRISTOPHER
STREET
AND A PORTION OF
JOHN STREET IN THE
BOROUGH OF
CARTERET"
APPROVED AND
ADOPTED:
~Ñf~ë%bÜé~~: 2005
July 21, 2005,
Subsequently
Amended
i~~~~:d ~s ~~~~
on first read in;! wíth
notice of Public
~:~[~':n\er B, 2005
~:~[~~\~r·~di, 2005
re~8RegArmkL J.
REIMAN
Advertised .s finally
adoøted:
September 29, 2005
KATHl,EEN M. BARNEY
MUNICIPAL CLERK
($15.84) 20142
Affidavit of Publication
Publisher's Fee $76.56
State of New Jersey} ss.
MIDDLESEX COUNTY
Personally appeared
ANNETTE MADAM A
Affidavit Cþarge $25.00
/e
of the Home News Tribune, a newspaper printed In Freehold, NJ and.p.ybllshedln~ "TUNE, In said
county and State, and of general clrculatton In said county, who being .' j;W<?'~i: oseth and salth
that the advertisement of which the annexed Is a true copy, has been publls n the said newspaper
11DNEI times, once In each Issue, as follows
9/08105.
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nnT~Î",f nIl"] 1(> ,''ir r.\>\! WDC':,Y
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MY CO[/iM!S2:~()N [;\P¡;J¡ES :=[;). ¿~;~Q10
BOftOUGH OF CARTERET
ORDINANCE #0543
VACATING A PORTION OF CHRISTOPHER
STREET AND A PORTION OF JOHN STREET 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 situat-
ed in the Borough of Carteret, County of Middle-
sex, and State of New Jersey. and known as a
portion of Christopher Street and a portion of
John Street, all as depicted on Schedule A and as
more particularly described in the Schedule B
attached hereto, be and the same are hereby
vaçated 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,
~e¡Ja~~, re?lace and reloc:;.¡te 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,
é~~::~ff~;th~~dre"::~~::'u~tnod it~~if ~h~~rg~t ;>~
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 an 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, relocatin~, installing, level-
ing, constructing and repairing Its utilities, mains
and appurtenances, if any, wherever there exists
such utilities, mains and/or pipeline(s) and appur-
tenances thereto beneath the surface of the
aforesaid described land. The Borough further
expressly reserves and excepts from vacation all
rights and privileges nowJ'0ssessed by any and all
public utilities, as define in R.S. 48:2-13, and by
?'ëYagrebli-~í~~i~~~~ ÁOct.~~nÞ:l~s 1iej'£,edcin 1t~~
(C48:5A-1 et seq.), to maintain, repair and re-
6~a~~ J~~i~h~xi;~~nr~sf:i';} lil~~~_ i ~II a~/afh;ta~~~e~~íd
rights shall be unaffected by this ordinance.
Section 3.
The Borough Clerk is hereby directed to file
within 60 days of this Ordinance becoming effec-
tive a certified coPy of the same in the Middlesex
County Clerk's OffIce.
Section 4.
All Ordinances or parts thereof inconsistent with
the provision of this Ordinance are hereby re-
pealed limited to the extent of any such inconsis-
tency.
Section 5.
If any section, paragraph, sub-diviSion, clause or
~~~hIS~~jud¡~aW~~ ~h~:~:~~íy i~n~d~~d~~ si~~ti~~:
~dj~~~~~h ansdUbt~~VI~:;>~ ai ~~ae~s~f o~hfsr ~v:dl~~n~~
shall be deemed valid and effective.
'""~~ (i,;J1 ~¿
sworn and subscribed before me this
8th day of September, A.D., 2005
Section 6.
This Ordinance shall take effect upon its passage
and publication according to applicable law.
The foregoing ordinance was introduced at a
meeting of the Council of the Borough of Carteret
held July 21, 2005. It was Subsequently Amended
on September 1, 2005. The said ordinance will be
further considered on Second Reading for Final
Adoption at a meeting of said Council of the Bor-
ough of Carteret on September 22, 2005 at approx-
~r1Jôte~o¿~~~el~'~ve~~~,iC~:~t;r~~~t;'::~iCJe~s~cili~t'
which time and place all persons interested wrl be
G;'H~E°rfPM~t~M..èŸ,b~~~~rg·MC
Municipal Clerk
($76.56) 25742