[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:
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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.
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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:
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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.
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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.
[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:
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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.
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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.
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.
