2022-005 Ordinance Of The Township Of Lakewood, County Of Ocean, State Of New Jersey, Releasing, Extinguishing And Vacating The Rights Of The Public Of A Portion Of A Paper Street Known As Audubon Avenue, In The Township Of Lakewood

WHEREAS, pursuant to N.J.S.A. 40:67-1b and N.J.S.A. 40:67-19, the Township Committee may, by ordinance, vacate any public street or portion thereof, dedicated to public use, but not accepted by the Township, whether or not the same, or any part, has been actually opened or improved; and

WHEREAS, a certain portion of Audubon Avenue, in the Township of Lakewood is a paper street and remains unimproved; and

WHEREAS, this portion of Audubon Avenue hereinafter described has been determined to be unnecessary for public use; and

WHEREAS, by memo dated October 18, 2021, the Lakewood Township Planning Board Administrator supported the vacation of the portion of Audubon Avenue hereinafter described; and

WHEREAS, it has been determined by the Township Committee as follows:

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1. That the portion of Audubon Avenue described herein below is not

   needed for public road purposes; and

    

2. That the said portion of Audubon Avenue lends itself to higher and better use than for public road purposes and that it is in the best interest of the general public and the Township of Lakewood that the rights and interests in and to same shall as a public right of way be vacated, released and extinguished; and

    

   WHEREAS, pursuant to N.J.S.A. 40:67-1b, the Township Committee must, by Ordinance, preserve the right of public utilities to maintain, repair and replace their existing utility facilities, including cable television facilities, in, adjacent to, over, or under the property or right-of-way to be vacated;

    

   NOW, THEREFORE, BE IT ORDAINED, by the Township Committee of the Township of Lakewood, County of Ocean, State of New Jersey, as follows:

    

   SECTION 1.  All public easements, right and interests to the portion Audubon Avenue as described herein below are hereby vacated, released and extinguished except for: (1) rights and privileges now possessed by the Township of Lakewood to maintain drainage facilities specifically set forth in the description herein below and (2) all rights and privileges now possessed by public utilities, as defined in N.J.S.A. 48:2-13, and by any Cable Television Company, as defined in the "Cable Television Act," N.J.S.A. 48:5A-1 et seq., to maintain, repair and replace their existing facilities in, adjacent to, over or under the street, or any part thereof, to be vacated subject to the conditions described herein; all conditions, unless otherwise noted, shall be satisfied prior to said vacation being effective.

    

   Description of a portion of Audubon Avenue, a 50 foot unimproved right of way to be vacated, as shown on the Lakewood Township Tax Map sheet 138, and being more particularly described as follows:

    

   Beginning at the southeasterly corner of Lot 3 Block 1158, said point also being in the northerly line of Audubon Avenue, an unimproved right of way, thence:

    

1. Easterly along the northerly line of Audubon Avenue to a point in the southeasterly corner of Lot 4 Block 1158, thence;

    

2. Southerly across Audubon Avenue for 50 feet, to a point in the southerly line of Audubon Avenue, said point also being a northeasterly corner of Lot 4, Block 1157, thence;

    

3. Westerly along the southerly line of Audubon Avenue to a point in the convex corner of Lot 1, Block 1157, said point also being a westerly terminus of Audubon Avenue, thence;

    

4. Northerly across the right-of-way of Audubon Avenue for 50 feet to the point and place of beginning.

    

   SECTION 2.  The Township Clerk shall publish, this ordinance, after being introduced and having passed a first reading, at least once not less than ten (10) days instead of one (1) week prior to the time fixed for further consideration for final passage, pursuant to N.J.S.A. 40:49-6.

    

   SECTION 3.  The Township Clerk shall, at least one (1) week prior to the time fixed for final passage of such ordinance, mail a copy thereof, together with a notice of the introduction thereof, and the time and place when and where the ordinance will be further considered for final passage, to every person whose lands may be affected by the ordinance or any assessment which may be made in pursuance thereof, pursuant to N.J.S.A. 40:49-6.

    

   SECTION 4.  The Township Clerk shall within sixty (60) days after such ordinance becomes effective file a certified copy of the ordinance vacating the street with the office of the County Clerk in a special book set aside for dedications and vacations, pursuant to N.J.S.A. 40:67-21.

    

SECTION 5.  All ordinances or parts of ordinances inconsistent herewith are hereby repealed to the extent of such inconsistency.

SECTION 6.  If any section, subsection, paragraph, sentence or any part of this ordinance is adjudged unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remainder of this ordinance not directly involved in the controversy in which such judgment shall have been rendered.

SECTION 7. This Ordinance shall take effect upon final passage and publication in accordance with law.