Town Ordinances

ORDINANCE NO. 5 - 2011

                     ORDINANCE NO. 5 - 2011     

AN ORDINANCE TO VACATE, RELEASE AND EXTINGUISH ANY AND ALL PUBLIC RIGHTS IN AND TO A PORTION OF MOUNTAIN AVENUE FOR PUBLIC STREET OR RIGHT-OF-WAY PURPOSES; AND AUTHORIZING THE MERGER OF BLOCK 912, LOTS 1, 5, 11, 26 & 32, AND BLOCK 913, LOT 1 INTO A NEW LOT TO BE KNOWN AND DESIGNATED AS BLOCK 912, LOT 1 TOGETHER WITH THE ELIMINATION OF BLOCK 913 AND THE BLOCK LIMIT LINE BETWEEN BLOCK 912 AND BLOCK 913.            

WHEREAS, the Borough Council of the Borough of Morris Plains is of the opinion that the public interest will be best served by abandoning, vacating, releasing and extinguishing any and all public rights in and to a portion of Mountain Avenue, which is no longer needed for public street or right-of-way purposes; and            

WHEREAS, the Borough of Morris Plains is the owner of the lands adjoining the vacated portion of Mountain Avenue, as well as several additional contiguous parcels, which are known and designated as Block 912, Lots 1, 5, 11, 26 & 32 and Block 913, Lot 1 on the Tax Maps of the Borough; and         

WHEREAS, the Borough Council is desirous of merging the aforesaid Borough owned parcels of land into one lot and eliminating Block 913 and the block limit line between Block 912 and Block 913.         

NOW, THEREFORE, BE IT ORDAINED, by the Borough Council of the Borough of Morris Plains, Morris County, New Jersey, they being the Governing Body thereof, as follows:

Section 1:          The public rights and interests in and to a portion of Mountain Avenue, a fifty foot wide right-of-way within the Borough of Morris Plains, as set forth in the attached legal description annexed hereto as Schedule A and made a part hereof and as depicted on the sketch entitled “Proposed Right-of-Way Vacation, Mountain Avenue,” dated March 11, 2011 prepared by Anderson & Denzler Associates, Inc., annexed hereto as Exhibit 1, be and it hereby is vacated, abandoned and released for street or right-of-way purposes.

Section 2:          Any and all rights and privileges possessed by public utilities and by any cable television company on, over and across the described portion of the vacated area of Mountain Avenue are hereby expressly reserved and excepted from this vacation.

Section 3:          The 50’ by 250’ vacated portion of Mountain Avenue shall be annexed to the adjoining Borough owned lots known and designated as Block 912, Lots 11, 26 and 32; and Block 913, Lot 1.

Section 4:          The Borough owned lands known and designated as Block 912, Lots 1, 5, 11, 26 & 32 and Block 913, Lot 1 on the Tax Maps of the Borough, as reconfigured due to the within vacation, shall be merged into one lot, which shall be hereafter known and designated as Block 912, Lot 1 with a lot area of 5.62 acres and Block 913 and the block limit line between Block 912 and Block 913 shall be eliminated, all as depicted on the sketch entitled “Proposed Lot Merger Map, Block 912, Lots 1, 5, 11, 26 & 32 AND Block 913, Lot 1,” dated March 11, 2011 prepared by Anderson & Denzler Associates, Inc., annexed hereto as Exhibit 2.  

Section 5:          Tax Map Sheet 9 of the Borough of Morris Plains be and it hereby is amended and revised to reflect: (a) the vacation of the said 50’ by 250’ portion of Mountain Avenue as described in Schedule A and depicted on Exhibit 1; (b) the merger of Block 912, Lots 1, 5, 11, 26 & 32 and Block 913, Lot 1 into one lot known and designated as Block 912, Lot 1; and (c) the elimination of Block 913 and the block limit line between Block 912 and 913, so that hereafter Block 912, Lot 1 shall be as depicted on the sketch entitled “Proposed Lot Merger Map, Block 912, Lots 1, 5, 11, 26 & 32 AND Block 913, Lot 1” dated March 11, 2011 prepared by Anderson & Denzler Associates, Inc., annexed hereto as Exhibit 2.

Section 6:          The Borough Clerk is hereby authorized and directed to record a certified copy of this vacation ordinance in the Office of the Morris County Clerk.

Section 7:          The Mayor and Borough Clerk are hereby authorized and directed to execute a deed of merger in the form approved by the Borough Attorney, which shall be recorded in the Office of the Morris County Clerk.

Section 8:          This Ordinance shall take effect immediately after final passage and publication in accordance with law.        

Introduced:  04/21/11   

Adopted:      05/05/11

                                                                

                                                                   

 Frank J. Druetzler, Mayor