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HomeMy Public PortalAboutOrd. 05-43 No. 05-43 Councilman ®r útmntt£ úf ±!y£ ~úrúu£!y úf CD:ètd£r£Í) ~t W. 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. -- 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 _._--- DO NOT USE SPACE BELOW THIS LINE .--- 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. d~.~:' r;, rU~:~Q~1 nnT~Î",f nIl"] 1(> ,''ir r.\>\! WDC':,Y '.V",' !i " . '0,).,',1.1 v. ",.,,-.," .,..,.' '..~ 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