Any person seeking the vacation of a street pursuant to N.J.S.A.
40:67-1 et seq. shall make such request to the City Clerk, in writing.
A consent from all affected adjacent landowner(s) shall be submitted
with said request. The consent shall include the adjacent landowner(s)
street address and block and lot number.
The applicant shall pay a minimum fee of $500 to cover the initial
costs incurred by the municipality in processing the application.
In addition, the applicant shall reimburse the City for the legal
and engineering costs incurred by the City in preparation and review
of the vacation ordinance. Said sums due and owing shall be certified
to the City Clerk by the City Attorney and City Engineer. The City
Clerk shall further certify the costs of public advertising and recording
fees. The total amount due and owing for reimbursement for the legal,
engineering, publication and recording fees shall be paid by the applicant
prior to the adoption of the vacation ordinance.
Prior to preparation of the vacation ordinance by the City Engineer,
the applicant shall prepare or have prepared on its behalf, the following:
A. Title search of the area to be vacated and the adjacent landowner's
properties for determination on the means in which the City acquired
its interest in the roadway. Said title searches shall be forwarded
to the City Attorney for his review.
B. Survey maps and metes and bounds descriptions of the area to be vacated
and the method of division of the vacated property subsequent to adoption
of the ordinance. The survey map shall indicate all existing encumbrances,
drainage facilities, utility locations and any other topographical
feature pertinent to the area to be vacated. The maps shall depict
the portions of the street or right-of-way to be conveyed to each
abutting property owner having interest in the title to the centerline
of the street to be vacated, unless the title searches disclose that
the interest in title is otherwise. In that event, it shall show to
the appropriate line required, based upon the chain of title, of the
street to be vacated. The description for all of the vacated streets
shall be prepared by metes and bounds for the vacation ordinance.
All maps shall be prepared in accordance with "Subchapter 5. Land
Surveyors; Preparation of Land Surveys - 13:40-5.1 and all amendments
thereto which was adopted May 5, 1977." This document was published
in the Roster of Licensed Professional Engineers and Land Surveyors,
September 30, 1978, Prepared by the State of New Jersey, Department
of Law and Public Safety. The ending statement of the vacation description
shall include the following wording:
"The above description is and is intended to be all of that
portion of as shown on the Official Tax Map of the City of Long Branch.
It is further intended that all rights of the public which may exist
are to be vacated within the portion of the right-of-way described,
reserving thereout and therefrom all rights and privileges now possessed
by public and private utilities to maintain, repair and replace their
existing facilities in, adjacent to, over or under the roadway being
vacated, including but not limited to, gas, water, cable, telephone,
electric, sanitary sewers, storm sewers and any appurtenances and
rights of ingress and egress relating thereto. The description has
been prepared in accordance with the map entitled ______________________________."
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Upon certification by the City Attorney and City Engineer that
all necessary documents are in order, the City Attorney shall prepare
a vacation ordinance for discussion and introduction by the City Council.
The City Council shall adhere to the procedures set forth in N.J.S.A.
40: 67-1 et seq. and N.J.S.A. 40:49-2 with regard to introduction,
publication, public hearing and adoption of said ordinance. In addition,
the City Clerk, after introduction of said ordinance, shall notify
by certified mail, return receipt requested, all adjacent and adjoining
property owners within 200 feet of the proposed road vacation area,
of the introduction of the ordinance and advise them of the date of
public hearing at which they may attend and make their comments known.
Upon adoption of the ordinance, the City Clerk shall record same with
the County Clerk of the County of Monmouth as required by law. Upon
certification from the County Clerk that the ordinance has been recorded,
the necessary tax records shall be revised by the City Assessor and
the vacation indicated on the Tax Map of the City of Long Branch.
The obligation of the City with regard to the adopted vacation
ordinance shall cease with its recording of same with the County Clerk's
office and updating of its tax map. In the event that the applicant
or the adjacent property owners who may receive an interest in the
vacated area wish to have a deed prepared evidencing the property
vacated, such deed shall be the obligation of the owner acquiring
title to said portion of the roadbed. In the event that any such deed
is prepared, it shall describe, by metes and bounds, the original
property, including within the description that portion of the street
being incorporated with the owner's original land holdings. The
deed shall contain a reference to the new tax lot number created and
assigned to the combined lot and the road vacation area as determined
by the City Assessor. It shall also include a reference to the survey
map upon which the deed description is based and a reference to the
ordinance number by which the portion of the street was vacated. The
deed shall be transferred by the owner to themselves.