ORDINANCE 3-2007

ORDINANCE VACATING PUBLIC RIGHTS IN A CERTAIN PORTION OF BEVERLY DRIVE COMMONLY KNOWN AS “75 AND 74 BEVERLY DRIVE” IN BLOCK 147, LOTS 39 AND 40 AND AUTHORIZING THE MAYOR TO EXECUTE EASEMENT AGREEMENTS FOR THE SUBJECT PROPERTIES IN WHICH THE TOWNSHIP WILL RETAIN WATER LINE OR OTHER MUNICIPAL UTILITY RIGHTS IN MENDHAM TOWNSHIP

            WHEREAS, the Mendham Township Committee has determined that there is no public need for a certain public right of way which extends into Block 147, Lots 39 and 40, and beyond the traveled way of Beverly Drive, and that said portion of Beverly Drive known as “75 and 74 Beverly Drive” may be vacated; and’

            WHEREAS, the property owners of 75 and 74 Beverly Drive, Block 147, Lots 39 and 40, respectively, have executed and delivered Easement Agreements for their respective properties, in which the Township will retain water line and other municipal utility rights in the location of the road right-of-way to be vacated along the property line of the two subject properties.

            NOW, THEREFORE, BE IT ORDAINED by the Township Committee of the Township of Mendham , in the County of Morris , New Jersey , as follows:

            Section 1.  That part of Beverly Drive which extends into Block 147, Lots 39 and 40, as more particularly described in Schedules A and B, respectively, and depicted in Schedule C, attached hereto and hereby made a part of this ordinance, is hereby released and vacated.

            Section 2.  The Mayor of the Township of Mendham is hereby authorized to execute the two Easement Agreements for 75 and 74 Beverly Drive, Block 147, Lots 39 and 40, respectively, in which the Township will retain water line and utility rights in the locations of the road right-of-way to be vacated along the property line of the two subject properties, in the form approved by the Township Attorney, and as described in Schedules D, E, and F, attached hereto and hereby made a part of this ordinance.

            Section 3.  Pursuant to N.J.S.A. 40:67-21, the Township Clerk of the Township of Mendham be and she hereby is authorized and directed to file in the office of the Morris County Clerk, within sixty (60) days after this ordinance shall take effect, a copy hereof, certified by her under the seal of the Township to be a true copy hereof, together with a copy of the proof of publication hereof, as required by law.

            Section 4.  This ordinance shall take effect after final passage and publication as provided by law.

Adopted:  February 27, 2007

Attest:                                                              TOWNSHIP OF MENDHAM , IN THE

                                                                                    COUNTY OF MORRIS

__________________________                    By_____________________________

Penny Newell, Township Clerk                                   Phyllis Florek, Mayor