Borough of Essex Fells, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Essex Fells as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-18-1987 by Ord. No. 87-526 (Secs. 12.20.010 to 12.20.050 of the 1992 Code)]
Words and phrases defined. Whenever any words and phrases are used in this article, the meaning respectively ascribed to them in Subtitle 1 of Title 39 of the Revised Statutes of New Jersey shall be deemed to apply to such words and phrases used herein.
The public's right-of-way over the following described portion of Oval Road in the Borough of Essex Fells is vacated:
BEGINNING at a point on the northeasterly side line of Oval Road where same is intersected by the easterly side line of Holton Lane; thence (1) running along the northerly side of Oval Road, south 39° 53 minutes east 434.57 feet to a point on the municipal boundary line between the Borough of Essex Fells and the Borough of West Orange; thence (2) running along said municipal boundary, south 33° 11 minutes west 52.27 feet to the southerly side line of Oval Road; thence (3) running along the southerly side line of Oval Road, north 39° 53 minutes west 450.50 feet to a point; thence (4) crossing Oval Road along the prolongation of the easterly side line of Holton Lane, north 50° 55 minutes 20 seconds east 50 feet to the point and place of beginning. Containing 0.508 acres.
With the exception of the rights reserved and excepted from vacation in § 250-4 hereof, no person shall drive a vehicle on or across that portion of Oval Road vacated and described in § 250-2 of this chapter.
A. 
There is expressly reserved and excepted from vacation the right and privilege heretofore possessed by the Borough of Essex Fells of maintaining said street and the fence it erected on said street near the border of West Orange and for ingress and egress to and from its well, buildings and equipment on the golf course operated by the Essex Fells Country Club and for the operation of its water and sewer systems in the premises described in § 250-2 of this article.
B. 
There is also expressly reserved and excepted from vacation the right of police, fire-fighting, ambulance and rescue vehicles responding in either the Borough of Essex Fells or the Township of West Orange to travel on or across the following described portion of Oval Road:
BEGINNING at a point in the center line of Oval Road where same is intersected by the prolongation of the easterly side line of Holton Lane; thence (1) running along the prolongation of the easterly line of Holton Lane north 50° 55 minutes 20 seconds east 10 feet to a point; thence (2) running parallel to the former center line of Oval Road and 10 feet northerly as measured at right angles therefrom, south 39° 53 minutes east 439.35 feet to the township boundary line between the Borough of Essex Fells and the Township of West Orange; thence (3) running along said boundary line, south 33° 11 minutes west 20.91 feet to a point; thence (4) running parallel to the former center line of Oval Road and 10 feet southerly as measured at right angles therefrom, north 39° 53 minutes west 445.72 feet to a point on the said easterly prolongation of Holton Lane; thence (5) running along said prolongation, north 50° 55 minutes 20 seconds east 10 feet to the point and place of beginning. Containing 0.203 acres.
C. 
There is also expressly reserved and excepted from vacation the private rights of Essex Fells Country Club, its successors and assigns and the private rights of owners of homes in Essex Fells that border on the northeasterly side of the portion of Oval Road to be vacated by this chapter, their heirs, successors and assigns and their servants and invitees to use said premises described in § 250-2 as they have heretofore.
D. 
There is also expressly reserved and excepted from vacation all rights and privileges heretofore 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, P.L. 1972, c. 186 (N.J.S.A. 48:5A-1 et seq.), to maintain, to, over or under the premises described in § 250-2 or any part thereof.
Unless another penalty is expressly provided by New Jersey statute, every person convicted of a violation of a provision of this chapter shall be punished as provided in Chapter 1, Article III, General Penalty.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Adopted 2-16-1993 by Ord. No. 93-610 (Secs. 12.20.060 to 12.20.100 of the 1992 Code)]
Whenever any words and phrases are used in the ordinance codified in this Article II, the meaning respectively ascribed to them in N.J.S.A. 39:1-1 shall be deemed to apply to such words and phrases used herein.
A. 
Description of vacated property. The public's right-of-way over that portion of Hawthorne Road in the Borough of Essex Fells lying between the northerly side line of Forest Way and the southerly side line of Essex Road is vacated, and the following is a description of the center line of the portion of Hawthorne Road to be vacated by the Borough of Essex Fells, Essex County, New Jersey:
BEGINNING at a point in the center line of Forest Way where the same is intersected by the center line of Hawthorne Road, thence (1) running along the center line of Hawthorne Road on a curve curving to the left, having a radius of 156.03 feet, an arc distance of 301 feet, more or less to a point; thence (2) still along said center line of Hawthorne Road North 49° 50 minutes 50 seconds east 100.12 feet, more or less, to a point; thence (3) still along said center line of Hawthorne Road on a curve curving to the right having a radius of 486.44 feet, an arc distance of 256.58 feet, more or less, to a point; thence (4) still along the center line of Hawthorne Road on a curve curving to the right having a radius of 159.83 feet, an arc distance of 123.00 feet, more or less, to the center line of Essex Road and ending there.
B. 
Hawthorne Road having a width of 40 feet and being 20 feet off each side of the center line as described in this section.
C. 
The above description is drawn in accordance with the Official Street Map of Essex Fells as adopted by the Borough Council of Essex Fells on September 11, 1933.
With the exception of the rights reserved and excepted from vacation in § 250-9, no person shall drive a vehicle on or across that portion of Hawthorne Road vacated and described in § 250-7.
A. 
There is expressly reserved and excepted from vacation the right of police, fire-fighting, ambulance and rescue vehicles responding in the Borough of Essex Fells to travel on or across that portion of Hawthorne Road described in § 250-7.
B. 
There is also expressly reserved and excepted from vacation the private rights of the Board of Education of the Borough of Essex Fells, its successors and assigns, their servants and invitees to use said premises described in § 250-7 as they have heretofore.
C. 
There is also expressly reserved and excepted from vacation all rights and privileges heretofore 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, P.L. 1972, c. 186 (N.J.S.A. 48:5A-1 et seq.) to maintain their or its facilities, to, over or under the premises described in § 250-7 or any part thereof.
Unless another penalty is expressly provided by New Jersey statute, every person convicted of a violation of a provision of the ordinance codified in this Article II or any supplement thereto shall be punished as provided in Chapter 1, Article III, General Penalty.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).