Township of Berkeley, NJ Article III United Water - Toms River Water Company [1]

[Adopted 2-24-1967 by resolution[2]; 1974 Code Ch. A160]

[1] Editor's Note: The name of this company has been changed to United Water — Toms River.

[2] Editor's Note: The preamble of this resolution reads as follows:

"Whereas, an area of Berkeley Township is without water service; and

"Whereas, the Legislature of New Jersey has provided for the extension of the franchise area of a water company under the provisions of N.J.R.S. 48:19-17 as amended by the Laws of 1966, Chapter 233, effective August 10, 1966; and

"Whereas, it is deemed in the public interest to permit the Toms River Water Company to extend its facilities in order to service the said area:"

§ A1-16 Granting of franchise.

A. The Toms River Water Company, a public utility of the State of New Jersey, be and hereby is granted a franchise to lay pipes beneath the public roads, streets and places, and to construct and maintain hydrants and to serve water to the area as shown on the map attached hereto and more particularly described as follows: Beginning at a point, which is the intersection of the northerly right-of-way line of the Pennsylvania Railroad Company and the westerly side of First Street located in Manitou Park Subdivision, said point being on the boundary line of the Borough of South Toms River and the Township of Berkeley; thence continuing along said boundary line in a northerly direction a distance of approximately 1,175 feet, in an easterly direction a distance of approximately 1,600 feet and in a northerly direction a distance of approximately 1,150 feet to a point, said point being at the intersection of the boundary lines of the Borough of South Toms River, the Township of Berkeley and the Township of Dover; thence continuing in a westerly direction along the boundary line of the Township of Berkeley and the Township of Dover, a distance of approximately 16,500 feet to a point, said point being on the southerly boundary line of the Central Railroad of New Jersey property; thence continuing in a southeasterly direction, a distance of approximately 8,425 feet to a point, said point being on the northerly boundary line of the Pennsylvania Railroad Company; thence continuing in an easterly direction, a distance of approximately 10,925 feet along said boundary line to the point and place of beginning; being all within the Township of Berkeley in the County of Ocean, State of New Jersey.

B. The Toms River Water Company is hereby requested to render fire service to that portion of the municipality designated above in accordance with the standard terms and conditions and rate of its tariff approved and on file with the Board of Public Utility Commissioners as the same may be amended and supplemented in accordance with law.

§ A1-17 Toms Rive- Water Company extension.

[Added 10-9-1970 by resolution[1]]

A. The Toms River Water Company, a public utility of the State of New Jersey, be and hereby is granted a franchise to lay pipes beneath the public roads, streets and places, and to construct and maintain hydrants and to serve water to the area delineated in annexed description.

B. The Toms River Water Company is hereby requested to render fire service to that portion of the municipality designated in the annexed description in accordance with the standard terms and conditions and rate of its tariff approved and on file with the Board of Public Utility Commissioners as the same may be amended and supplemented in accordance with law.

C. Boundary description, Holiday City at Berkeley, Berkeley Township, Ocean County, New Jersey: All that certain tract or parcel of land and premises, situate in the Township of Berkeley, County of Ocean, State of New Jersey, and being more particularly described as follows: Beginning at a concrete monument lying in the southerly line of the Central Railroad of New Jersey. Said monument set to be the most northerly corner of Lot 41, Block 4 as shown on the Official Tax Map of the Township of Berkeley and being distant 30.00 feet as measured at right angles to the center line of the rails, the center line of said rails mark the municipal boundary line between Dover and Berkeley Townships. Said monument also as shown on a survey map of Lot 35, 37, 39 and 39A, Block 4, prepared by Fellows, Read & Weber, Consulting Engineers and Land Surveyors, dated October 28, 1969, and revised on November 19, 1969; thence from said beginning south 06° 26' 28" west along the westerly line of said Lot 41 and along said survey of Lots 35, 37, 39 and 39A, 490.00 feet ± to a point in the center line of Wrangle Brook; thence in a generally westerly direction following the various courses of the center line of Wrangle Brook, which is the southerly line of Lot 39A, 5,000.00 feet ± to the most northwesterly corner of Lot 48, Block 4, said point also being the most northeasterly corner of Lot 36, Block 4, as shown on a minor subdivision map of Lot 33, Block 4, prepared by Fellows, Read & Weber, Consulting Engineers and Land Surveyors, filed in the Ocean County Clerk's office as Map No. F-325 on September 1, 1967; thence south 03° 31' 14" west along the easterly line of said Lot 36, which is also the westerly line of Lot 48, 363.00 feet to a concrete monument lying in the northerly line of Lot 1, Block 9; thence north 73° 31' 14" west along the northerly line of Lot 1, Block 9, 2,262.80 feet to a concrete monument; said concrete monument also lying in the southerly line of Lot 36 and at the northeasterly corner of Lot 33 as shown on a survey map of Lot 33; Block 4, prepared by Fellows, Read & Weber, Consulting Engineers and Land Surveyors, dated October 14, 1969; thence south 04° 28' 33" west along the easterly line of Lot 33, Block 4, which is also the westerly line of Lot 1, Block 9, 1,319.83 feet to a concrete monument; thence south 76° 59' 13" west along the southerly line of Lot 33, which is also the northerly line of Lot 1, Block 9, Lot 5, Block 8, passing over three concrete monuments, 5,478.00 feet to a concrete monument; thence south 86° 29' 13" west continuing along the southerly line of Lot 33, 669.26 feet to a concrete monument lying in the line of Davenport Heights, Map No. 6, filed in the Ocean County Clerk's office as Map No. D-83 on March 13, 1908; thence north 72° 51' 15" east continuing along the line of Lot 33 and along the line of Davenport Heights Map No. 6, 1,300.57 feet to a concrete monument; thence north 06° 36' 15" east still continuing along the line of Davenport Heights, Map No. 6 and along the line of Lot 33, 2,217.60 feet to a concrete monument; thence still continuing along the line of Davenport Heights Map No. 6 and the line of Lot No. 33, south 89° 51' 15" west, 1,529.13 feet to a concrete monument; thence north 13° 15' 55" east continuing along the line of Lot 33, 817.84 feet to a concrete monument, said concrete monument lying at the most westerly corner of Lot 33A, Block 4, as shown on aforesaid minor subdivision map of Lot 33, Block 4; thence north 86° 45' 08" east along the southerly line of said subdivision of Lot 33A, 2,763.12 feet to a concrete monument lying in the southerly line of Lot 34, as shown on said subdivision map; thence south 73° 31' 14" east along the southerly line of Lot 34 crossing Wrangle Brook, 1,888.55 feet to a point, said point being in the westerly line of Lot 35, Block 4, as shown on aforesaid Map of Lot 35, 37, 39 and 39A; thence north 20° 15' 01" west along the westerly line of Lot 35 which is also the easterly line of Lot 34, 241.27 feet to a concrete monument; thence south 70° 58' 57" east continuing along the line of Lot 34, 244.93 feet to a concrete monument; thence north 84° 25' 02" east continuing along the line of Lot 34, passing over a concrete monument and along the southerly line of Lot 19, as shown on a survey map of Lot 19, prepared by Fellows, Read & Weber, Consulting Engineers and Land Surveyors, dated March 1960, 1,320.00 feet to a concrete monument, said concrete monument also being a corner to Lot 39, Block 4, as shown on aforementioned survey; thence north 110° 34' 17" west along the westerly line of Lot 39, 1,979.34 feet to a stone at the northeasterly corner of lot 19, which is also corner to a survey of Lots 23, 25, 26; 30 and 31, Block 4, prepared by Fellows, Read & Weber, Consulting Engineers and Land Surveyors, dated December 1969; thence north 70° 34' 18" west continuing along the line of Lot 19 and along said survey of Lots 23, 25, 26, 30 and 31, 90.12 feet to a concrete monument; thence north 41° 01' 03" west along the southwesterly line of Lot 26, 1,388.27 feet to a concrete monument; thence south 47° 52' 11" west still along the line of Lot 26, 456.90 feet to another concrete monument; thence still continuing along the line of Lot 26, north 65° 55' 44" west, 763.83 feet to a concrete monument; thence north 45°, 03' 53" west continuing along the line of Lot 26 and partly along the line of Lot 19, 1,999.80 feet to a stone, said stone being at the southwest corner of Lot 23, Block 4 and at the most southerly corner of Lot 24, Block 4, as shown on a survey map prepared by Fellows, Read & Weber, Consulting Engineers and Land Surveyors, dated November 3, 1969; thence north 23° 44' 13" west along the line of Lot 24, 270.60 feet to a concrete monument; thence north 30° 30' 48" east continuing along the westerly line of Lot 24, 1,321.45 feet to a concrete monument lying in the southerly line of the Central Railroad of New Jersey, said concrete monument being distant 30.00 feet as measured at right angles to the center line of the rails; thence south 59° 15' 14" east along the said southerly line of the Central Railroad of New Jersey, 3,946.35 feet to a point of curvature; thence in a southeasterly direction on a curve bearing to the right having a radius of 2,760.32 feet, an arc distance of 892.15 feet to a point of tangency; thence still continuing along the southerly line of the Central Railroad of New Jersey, south 40° 44' 08" east, 2,782.55 feet to a point of curvature; thence southeasterly continuing along the southerly line of the railroad on a curve bearing to the left having a radius of 2,269.79 feet, an arc distance of 398.97 feet to a point of tangency; thence south 50° 48' 24" east still along the line of the railroad 4,540.70 feet to the true point and place of beginning. Being a parcel of land containing 800.613 acres ± and being in accordance with a composite survey map Holiday City at Berkeley, Berkeley Township, Ocean County, New Jersey, prepared by Fellows, Read & Weber, Consulting Engineers and Land Surveyors, Toms River, New Jersey, dated January 1970 and revised to October 8, 1970.

[1] Editor's Note: The preamble of this resolution reads as follows:

"Whereas, the legislature of New Jersey has provided for the extension of the franchise area of a water company under the provisions of N.J.S.A. 48:19-17; and

"Whereas, it is deemed in the public interest to permit the Toms River Water Company to extend its facilities in order to service the said area:"

§ A1-18 Additional Toms River Water Company extension.

[Added 9-17-1974 by resolution[1]]

A. The Toms River Water Company, a public utility of the State of New Jersey, be and is hereby granted a franchise to lay pipes beneath the public roads, streets and places, and to construct and maintain hydrants and to serve water to the area delineated in annexed description when said area has received all proper governmental approvals necessary to its lawful development.

B. The Toms River Water Company is hereby requested to render fire service to that portion of the municipality designated in the annexed description in accordance with the standard terms and conditions and rate of its tariff approved and on file with the Board of Public Utility Commissioners as the same may be amended and supplemented in accordance with law.

C. Description of Tax Lots 1 and 3, Block 8, Berkeley Township, Lewis Tract: Beginning at a concrete monument at the fourth corner of the Third Tract of Parcel B-4 set forth in a deed from Toms River Properties, Inc., to Leisure Technology-Northeast Inc., dated December 21, 1971, and filed in the Ocean County Clerk's office on December 22, 1971, in Deed Book 3177 at Page 208; thence running, south 86° 30' 40" west, along the fourth line of the Third Tract of Parcel B-4 aforesaid, formerly L. B. Rhodes Estate, 1,319.50 feet to a concrete monument at the fifth corner thereof; thence south 2° 45' 40" east 1,086.03 feet to a concrete monument in the northerly right-of-way line of the former Philadelphia and Atlantic Railroad Company, 66 feet wide, now belonging to the Jersey Central Power and Light Company; thence north 88° 55' 04" east, along the northerly right-of-way line of Jersey Central Power and Light Company, passing over a concrete monument 200.91 feet from the beginning of this course, 225 feet, more or less, to the middle of the Davenport Branch of the Toms River; thence down the middle of the Davenport Branch of the Toms River, its various courses to a point where the same is intersected by the third line of the Third Tract of Parcel B-4 in the deed from Toms River Properties, Inc., to Leisure Technology-Northeast, Inc., aforesaid; thence north 29° 55' 50" west, along the third line of the Third Tract of Parcel B-4, 160 feet, more or less, to the point of beginning; containing 15.1 acres, more or less; being and intended to be the same lands and premises which were conveyed to Harold R. Lewis, widower, by deed of Eugene Neal, Jr., and Ruth Neal, his wife, by deed dated July 30, 1942, and recorded in the Ocean County Clerk's office in Deed Book 1122 at Page 188.

D. Description of Schmertz Tract to be conveyed to R. F. Doss, Inc., Berkeley Township, Ocean County, New Jersey: Beginning at a concrete monument marking the sixth corner of the fourth tract of Parcel B-4 set forth in a deed from Toms River Properties, Inc., to Leisure Technology-Northeast, Inc., dated December 21, 1971, and filed in the Ocean County Clerk's office on December 22, 1971, in Deed Book 3177, Page 208, and which concrete monument also marks the northwest tract corner of Final Map of Silver Ridge Park - Section 11 (filed Map No. H-80) and also a tract corner of Final Map of Silver Ridge Park - Section 10 (filed Map No. H-259); thence running south 7° 29' 52" west, along the westerly boundary line of Final Map of Silver Ridge Park - Section 11, 1,436 feet, more or less, to the middle of the Davenport Branch of the Toms River; thence beginning again at the beginning corner hereof and running north 73° 31' 02" west, along the fifth line of the above-mentioned fourth tract of Parcel B-4, being also a southerly boundary line of Silver Ridge Park-Section 10 and Holiday City at Berkeley - Section D (filed Map No. G-330), 2,903.93 feet to a concrete monument; thence south 4° 28' 13" west, along the fourth line of the fourth tract of Parcel B-4, being also a boundary line of Holiday City at Berkeley - Section D, 1,319.76 feet to a concrete monument; thence south 76° 59' 13" west, along the third line of the fourth tract of Parcel B-4, and along the seventh and northerly line of the third tract of Parcel B-4, being also the most southerly boundary line of Holiday City at Berkeley - Sections D, E, F1 and F2, 5,651.73 feet to a concrete monument marking the seventh corner of the third tract of Parcel B-4; thence south 81° 30' 10" west 1,320.00 feet to a concrete monument marking the sixth corner of the third tract in Parcel B-4; thence south 11° 29' 56" west, along the fifth line of the third tract of Parcel B-4, 1,254.22 feet to a concrete monument marking the fifth corner thereof, being also the third and northwesterly corner of a tract which was conveyed to Harold R. Lewis by deed from Eugene Neal, Jr., et ux, dated July 30, 1942, and recorded August 19, 1942, in Deed Book 1122, Page 188; thence north 86° 30' 40" east, along the fourth line of the third tract of Parcel B-4, being also the second and northerly line of the Lewis Tract, 1,319.50 feet to a concrete monument at the second and northeasterly corner of the Lewis Tract and fourth corner of the third tract of Parcel B-4; thence south 29° 55' 50" east, along the third line of the third tract of Parcel B-5, 160 feet, more or less, to the middle of the Davenport Branch of the Toms River; thence easterly and down the middle of the Davenport Branch, its various courses, to the end of the first course herein; containing 348.80 acres; subject to a grant of right-of-way and easement from Toms River Properties, Inc., to Jersey Central Power and Light Company dated June 8, 1971, and recorded in Deed Book 3134, Page 757, which right-of-way and easement contain 12.07 acres. The foregoing description is taken from and is in accordance with a map entitled "Survey Map of Property to be conveyed to R. F. Doss, Inc. (Schmertz Tract), Berkeley Township, Ocean County, New Jersey," dated June 1972 and revised to October 5, 1972.

[1] Editor's Note: The preamble of this resolution reads as follows:

"Whereas, the legislature of New Jersey has provided for the extension of the franchise area of a water company under the provisions of N.J.S.A. 48:19.17;

"Whereas, the Toms River Water Company has expressed a willingness to negotiate a sale to the township of its facilities located in the Township of Berkeley when the Township Water Department becomes operable and is in a position to furnish water to those consumers of the Toms River Water Company within the boundaries of the Township of Berkeley; and "Whereas, it is deemed in the public interest to permit the Toms River Water Company to extend its facilities in order to service the said area:"

§ A1-19 Additional Toms River Water Company extension.

[Added 5-17-1977 by Ord. No. 16-77; amended 8-19-1980 by Ord. No. 24-80-O]

A. The Toms River Water Company, a public utility of the State of New Jersey, is hereby granted a franchise to lay pipes beneath the public roads, streets and places and to construct and maintain hydrants and to serve water to the area delineated in the annexed description when said area has received all proper governmental approvals necessary to its lawful development.

B. The Toms River Water Company is hereby requested to render fire service to that portion of the municipality designated in the annexed description in accordance with the standards and conditions and rate of its tariff approved and on file with the Board of Public Utility Commissioners as same may be amended and supplemented in accordance with law.

C. The consent herein is granted on a further express condition that said company, in laying, constructing and maintaining said water pipes and water mains and conduits, shall, at its own expense, refill, resurface and restore any public street or alley so used to the same condition as before the construction or excavation.

D. The purpose of this ordinance is to exclude the following property from the provisions and jurisdiction of Chapter 48 of the Code of the Township of Berkeley entitled "Water Utility."

E. Description of franchised area. The description of the area known as "Holiday City West, Tax Map Block 4, Lot 11, P/O Lot 19, P/O Lot 14 and all of Lots 12-A, 13-A, 19-A, 19-B, 19-E and Lot 20, Berkeley Township, Ocean County, New Jersey" is as follows: All that certain lot, tract or parcel of land situate and being in the Township of Berkeley, County of Ocean and State of New Jersey, being more particularly bound and described as follows: Beginning at a concrete monument at the northwesterly corner of Holiday City at Berkeley, Section G, said monument being on the westerly right-of-way of an area reserved for a future public road, said map of Holiday City filed in the Ocean County Clerk's office on December 20, 1972, as Map No. F-119; thence from said beginning (having New Jersey grid coordinates north 413806.77 and east 2109747.59):

(1) South 87° 18' 52" west, along the northerly line of Lot 13, 513.60 feet to a concrete monument; thence

(2) South 5° 12' 42" east, along the westerly line of Lot 13, 62.79 feet to a concrete monument; thence

(3) South 87° 15' 46" west, along the north line of Lot 12, 2,126.07 feet to a concrete monument; thence

(4) North 50° 23' 30" east, along the westerly line of Lot 11-A, 104.66 feet to a concrete monument; thence

(5) South 87° 14' 43" west, along the northerly line of Lot 11-A, 518.27 feet to a concrete monument; thence

(6) North 14° 03' 44" east, along the easterly line of Lot 7 and dividing Lot 14, 1,331.23 feet to a concrete monument; thence

(7) North 03° 52' 45" west, to the Manchester Township line, 1,700.95 feet to a concrete monument; thence

(8) North 43° 03' 21" east, along the township line of Manchester and Berkeley, 5,453.25 feet to a concrete monument; thence

(9) South 59° 13' 46" east, along the southerly right-of-way of Central Railroad of New Jersey (80 feet wide), 945.03 feet to a concrete monument; thence

(10) South 12° 37' 04" west, along the westerly line of Holiday City at Berkeley, Section X, 504.76 feet to a concrete monument; thence

(11) South 22° 18' 36" east, along a westerly line of Holiday City, Section X, 681.11 feet to a concrete monument; thence

(12) South 43° 38' 42" west, along a westerly line of Holiday City, Section X, 1,158.08 feet to a concrete monument; thence

(13) South 37° 21' 24" east, along a southeasterly line of Holiday City, Section U, 873.94 feet to a concrete monument; thence

(14) South 30° 26' 35" west, along the westerly line of Holiday City, Section T, 2,418.34 feet to a concrete monument; thence

(15) South 72° 35' 40" east, along the southerly line of Holiday City at Berkeley, Sections R, S and T, 3,879.75 feet to a concrete monument; thence

(16) South 37° 20' 09" east, along the southerly line of Section Q, 750.00 feet to a concrete monument; thence

(17) South 19° 24' 23" east, along the southerly line of Block 4-147, Lot 18-A, 238.16 feet to a concrete monument; thence

(18) North 73° 30' 38" west, along the northerly line of Section H, 1,884.20 feet to a concrete monument; thence

(19) South 86° 45' 34" west, along the northerly line of Section G, 2,763.12 feet to the point and place of beginning.

Containing 534.140 acres and being subject to a 350-foot-wide right-of-way easement granted to Jersey Central Power and Light Co., containing 50.92 acres.

Being written in accordance with a map entitled "Proposed Minor Subdivision, Tax Map Lots 14 and 19, Block 4, Premises to be Conveyed from American Smelting and Refining Co. to Hovsons, Inc.," Berkeley Township, Ocean County, New Jersey, dated February 6, 1979, prepared by Fellows, Read and Weber, Inc., Consulting Engineers and Land Surveyors, Toms River, New Jersey, which map was filed in the Ocean County Clerk's office.

F. An extension of franchise is hereby granted to the Toms River Water Company, in accordance with Subsections A through D of this section for the following described area: franchise granted to Toms River Water Company for Silver Ridge Park West, westerly extension, in the Township of Berkeley: Beginning at a point in the northerly right-of-way line of Davenport Avenue [40 feet wide], which point is a corner common to Lots 4 and 5 in Block 8 as shown on a certain map entitled "Map No. 4, Davenport Heights, Ocean County, New Jersey," which map was filed in the Ocean County Clerk's office on March 4, 1908, as Map #B-83; thence running:

[Added 5-19-1981 by Ord. No. 12-81-O]

(1) North 1° 3' 44" west, parallel with and distant, 100.00 feet easterly from (measured at right angles to) the easterly right-of-way line of 2nd Street (50 feet wide) 2,700.00 feet to the southerly right-of-way line of Amsterdam Avenue (50 feet wide); thence along the same;

(2) North 88° 56' 16" east, 3,350.00 feet to the westerly right-of-way line of Ocean Street (50 feet wide); thence along the same;

(3) South 1° 3' 44" east, 394.88 feet to a point in the northerly boundary line of the Final Map of Silver Ridge Park West, Section 11, (Filed Map #B-1019); thence the following; three courses along the northerly and westerly line or lines of Silver Ridge Park West, Section 11,

(4) South 81° 30' 10" west, 313.77 feet; thence

(5) South 11° 29' 56" west, 1,254.03 feet; thence

(6) South 2° 45' 9" east, 1,080.97 feet to a point in the southerly right-of-way line of Davenport Avenue aforesaid (being also the northerly line of the former Philadelphia and Long Branch Railroad right-of-way now belonging to Jersey Central Power and Light Company); thence

(7) South 88° 56' 16" west, along the southerly right-of-way line of Davenport Avenue, 2,798.03 feet to a point therein, which point is distant south 1° 3' 44" east, 40.00 feet from the beginning corner hereof; thence

(8) North 1° 3' 44" west, 40.00 feet to the point of beginning.

Containing 183.914 acres, more or less.

§ A1-19.1 Additional Toms River Water Company extension.

[Added 11-21-1983 by Ord. No. 83-37-OB]

Pursuant to N.J.S.A. 48:19-17, the Township of Berkeley does hereby grant its consent to an extension of the franchise of the Toms River Water Company for purposes of N.J.S.A. 48:19-13 in and through that section of the Township of Berkeley described as aforesaid,[1] subject to any condition or requirement provided for by Title 48 of the Revised Statutes or any rule or regulation promulgated thereunder.

[1] Editor's Note: A description of the area of the franchise extension reads as follows:

"BEGINNING at a concrete monument in the southerly boundary line of Amended Final Map of Holiday City at Berkeley -

Section G (Filed Map No. F-117), which concrete monument is distant easterly, measured along said southerly boundary line, 1,529.18 feet from a concrete monument at the southwesterly corner of said tract and which beginning concrete monument is also the corner of Amended Final Map of Holiday city at Berkeley -

Section F2 (Filed Map No. H-366); thence running:

"(1) South 6° 36' 12" west, along the westerly boundary line of the tract last above mentioned (Filed Map No. H-366), 2,217.57 feet to a concrete monument corner of same; thence

"(2) South 72° 50' 24" west, still along the boundary line of Holiday City at Berkeley-Section F2 and continuing along the line of lands of Jersey Central Power and Light Company 1,778.14 feet to a point in the northerly boundary line of Final Map of Silver Ridge Park West- Section 11 (Filed Map No. B-1019); thence along same

"(3) South 81° 30' 10' west, 40.34 feet to the intersection of said line with the southerly extension of the westerly right-of-way line of Ocean Street (50 feet wide) as shown on a certain map entitled Davenport Heights -

Map No. 6 (Filed Map No. D-83); thence

"(4) North 1° 03' 44" west, along the southerly extension of the westerly right-of-way line of Ocean Street, 394.88 feet to the southerly right-of-way line of Amsterdam Avenue; thence along same

"(5) South 88° 56' 16" west, 3,350.00 feet to a point; thence

"(6) North 01° 03' 44' west, 25.00 feet to a point; thence

"(7) South 88° 56' 16" west, 103.63 feet to a point in the westerly boundary line of Davenport Heights -

Map No. 5 (Filed Map No. C-83); thence the following four courses along the boundary line or lines of Davenport Heights

"(8) North 30° 57' 43" east, 1,328.05 feet to a point; thence

"(9) North 62° 24' 53" east, 1,828.05 feet to a point; thence

"(10) North 75° 03' 58" east, 1,084.50 feet to a point; thence

"(11) North 87° 37' 28" east, 124.63 feet to a point in the southerly line of lands now or formerly of Hovson's. Inc.; thence along same and continuing along the southerly boundary line of the map first above mentioned north 89° 51' 15" east, 2,221.90 feet to the BEGINNING.

"CONTAINING 240.18 acres, more or less."

§ A1-19.2 Additional Toms River Water Company extension.

[Added 12-27-1983 by Ord. No. 83-40-OB]

Pursuant to N.J.S.A. 48:19-17, the Township of Berkeley does hereby grant its consent to an extension of the franchise of the Toms River Water Company for purposes of N.J.S.A. 48:19-13 in and through that section of the Township of Berkeley described as aforesaid,[1] subject to any condition or requirement provided for by Title 48 of the Revised Statutes or any rule or regulation promulgated thereunder.

[1] Editor's Note: A description of the area of the franchise extension reads as follows:

"BEGINNING at a point, which is the intersection of the northerly right-of-way of the Pennsylvania Railroad Company and the westerly side of First Street located in Manitou Park Subdivision, said point being on the boundary line of the Borough of South Toms River and the Township of Berkeley: thence

"(1) Continuing along said boundary line in a northerly direction a distance of approximately 1,175 feet, in an easterly direction a distance of approximately 1,600 feet and in a northerly direction a distance of approximately 1,150 feet to a point, said point being at the intersection of the boundary lines of the Borough of South Toms River, the Township of Berkeley and the Township of Dover; thence

"(2) Continuing in a westerly direction along the boundary line of the Township of Berkeley and the Township of Dover a distance of approximately 16,500 feet to a point, said point being on the southerly boundary line of the Central Railroad of New Jersey property; thence

"(3) Continuing in a southeasterly direction a distance of approximately 8,425 feet to a point, said point being on the northerly boundary line of the Pennsylvania Railroad Company: thence

"(4) Continuing in an easterly direction a distance of approximately 10,925 feet along said boundary line to the point and place of BEGINNING.

"BEING all within the Township of Berkeley in the County of Ocean, State of New Jersey."

§ A1-19.3 Additional Toms River Water Company extension.

[Added 2-27-1984 by Ord. No. 84-7-OA-B]

Pursuant to N.J.S.A. 48:19-17, the Township of Berkeley does hereby grant its consent to an extension of the franchise of the Toms River Water Company for the purposes of N.J.S.A. 48:19-13 in and through that section of the Township of Berkeley described as aforesaid,[1] subject to any condition or requirement provided for by Title 48 of the Revised Statutes or any rule or regulation promulgated thereunder.

[1] Editor's Note: A description of the area of the franchise extension reads as follows:

"BEGINNING at a point, said point being in a northwesterly direction approximately 10,925 feet more or less from the intersection of the northerly right-of-way line of the Pennsylvania Railroad and the westerly side of First Street located in Manitou Park Subdivision, also being on the boundary line of the Borough of South Toms River and the Township of Berkeley; thence from said point of beginning

"(1) Northwesterly along a line as described in the Code of the Township of Berkeley, New Jersey, Article V, Toms River Water Company (adopted 2-24-1967 by resolution) § A160-16 a distance of 3,000 feet more or less to the center line of the Davenport Branch of the Wrangle Brook thence

"(2) Continuing westerly along the center line of the Davenport Branch of the Wrangle Brook 4,000 feet more or less to the northwesterly corner of Lot 1, Block 9; thence

"(3) Southeasterly along the westerly line of Tax Map Lot 1, Block 9, 2,300 feet more or less to the northerly right-of-way line of the Pennsylvania Railroad; thence

"(4) Easterly along said right-of-way line 3,000 feet more or less to the true point and place of beginning."

§ A1-19.4 Additional Toms River Water Company extension.

[Added 9-8-1986 by Ord. No. 86-28-OAB[1]]

Pursuant to N.J.S.A. 48:19-17, the Township of Berkeley does hereby grant its consent to an extension of the franchise of the Toms River Water Company, for purposes of N.J.S.A. 48:10-13, in and through that section of the Township of Berkeley described on Schedule A annexed hereto,[2] subject to any condition or requirement provided for by Title 48 of the Revised Statutes or any rule or regulation promulgated thereunder.

[1] Editor's Note: Said ordinance was amended 4-27-1987 by Ord. No. 87-10-OAB to the effect that the Mayor is authorized to execute and the Clerk to attest to a revised agreement with Housons. Inc., dated March 17, 1987.

[2] Editor's Note: A description of the area of the franchise extension reads as follows:

"BEGINNING at a concrete monument set in the northerly line of Dover Road, a county road having a 49.5-foot right-of-way width, said monument being 24.75 feet measured north 29° 57' 39" west from the center line of said Dover Road and the third corner of lands described in deed to Benjamin Lumley as recorded in Deed Book 90, Page 292; running thence from said concrete monument.

"(1) South 60° 02' 21" west and run along the northerly side line of Dover Road, 616.37 feet to a stake; thence

"(2) North 29° 57' 39" west and run along the easterly line the exception described in Deed Book 1093, Page 398, 1,600.53 feet to a concrete monument in the northeast corner of same; thence

"(3) South 67° 35' 07" west and passing over a concrete monument at the northeast corner of Lot 4A, Block 18, and continuing a total distance of 3,050.75 feet to a concrete monument in the northwest corner of lot 4A, Block 18, being the lands described in Deed Book 3152, Page 461, also being a point in the third line of 818.85 acres conveyed to Hugh McRoberts by deed recorded in Book 89, Page 170; thence

"(4) North 30° 00' 50" west and run along said third line of McRoberts and passing over four concrete monuments 7,538.74 feet to a concrete monument set in the southerly line of Lot 6, Block 9, a sixty-six-foot-wide right-of-way, formerly the Pennsylvania and Atlantic Railroad; thence

"(5) Easterly along a curve bearing to the right having a radius of 11,426 feet and running along the said southerly line of Lot 6, Block 9, an arc distance of 3,289.21 feet to a concrete monument at the point of tangency in same; thence

"(6) South 73° 19' 46" east and continuing along the southerly line of Lot 6, Block 9, 2,867.19 feet to a concrete monument in the fourth line of 300-acre conveyance to Benjamin Lumley as recorded in Deed Book 90, Page 292; thence

"(7) South 60° 02' 21" west and run along said fourth line of Lumley, 890.59 feet to a concrete monument set in the fourth corner of same; thence

"(8) South 29° 57' 39" east and run along the third line of said Lumley, 5,420.25 feet to the point and place of beginning."