HomeMy Public PortalAboutOrd. 09-012
No. OQ-1?
@rb:iuumc
of tire
~oroufl4 ofC1Iurtcrct, ~t JJ~
Councilman
Presents the following Ordinance Seconded by Councilman
VACATING A PORTION OF SALEM AVENUE
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 Nliddlesex, and State of New Jersey, and known as a
portion of Salem Avenue, 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-l 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.
HELD
NO.
I
09-12
?
PAGE
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 oftrus ordinance shall be deemed
valid and effective.
Section 6.
This Ordinance shall take effect upon its passage and publication
according to applicable law.
DO NOT USE SPACE BELOW THIS LINE
COUNCILMA!'"
BELLINO
COLON
DIAZ
RECORD OF COUNCIL VOTE
YES NO NY A.H. COUNCILl\IAN
X
X
X
YES NO NY A.B,
X
X
X
X . Indicate Vote AB. Absent NY. Not Vming XOR. Indicates Vote to Overrule Veto
>rolap*OCoo first reading of the Council of the Sorou
; AQ,,?pteg, Rn. ,: . .REfild' n
of Carreret, N.J.. on '. _ .JULY" 23 ,xlit"
n August 20-;-200Y
MAY
ON
0-
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 (ll time(s), once in each issue as follows:
AUl!ust 24. 2009
~o~
Notary Public of New Jersey
LINDA A RIVERA
NOTARY PUBLIC OF NEW JERSEY
MY COMMISSION EXPIRES MAY 2,2011
Sworn and subscribed before
me this jJ~ dayo(A~?Y"-~1
O'l CO '1,
~c/fll) $~~.
Kathleen M. Barney, MMC -=-;r----
Municipal Clerk U
o ./
~ \'Y
6~' \
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 ill time(s), once in each issue as follows:
September 15. 2009
~;.~o /~
Notary Public of New Jersey
LINDA A RIVERA
NOTARY PU81 Ie OF NEW JERSEY
MY COMMISSION EXPIRES MAY 2, 2011
~~i€(J-
/ Kathleen M. Barney, MMC
Municipal Clerk
Swor~ a~ subscribed ~e~.
me this / '):::.i,.( day of ~"'",.~!
,;;2 c;O 1.
- 0-
O~-/J-