Borough of Woodbury Heights, NJ
Gloucester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Woodbury Heights 10-11-76 as Ord. No. 15-1976. Amendments noted where applicable.]
Whereas, it appearing that there exists in the Borough of Woodbury Heights certain streets known as West Spring Avenue and Lake Avenue, said West Spring Avenue beginning at South Spring Avenue, extending for a distance of 135 feet, more or less, to Lake Avenue, and said Lake Avenue beginning at West Spring Avenue, extending for a distance of 167 feet, more or less; and
Whereas, it appearing that said West Spring Avenue and Lake Avenue have never actually been opened or approved or accepted by the Borough of Woodbury Heights and that the opening of said West Spring Avenue and Lake Avenue would be of no benefit and serve no public interest; and
Whereas, it appearing that the public interest would be better served by vacating the hereinafter-described portion of said street and releasing the land from the dedication thereof;
Now, therefore, be it ordained, by the Mayor and Borough Council of the Borough of Woodbury Heights, County of Gloucester and State of New Jersey, as follows:
A. 
The public rights and interests in the lands and premises described in Subsection B hereof be and the same are hereby vacated and the public rights and interests therein, by reason of any dedication, public use or otherwise, are hereby vacated, released and extinguished.
B. 
The following is a description of the lands and premises affected hereby. Situate in the Borough of Woodbury Heights, County of Gloucester and State of New Jersey, bounded and described as follows:
(1) 
West Spring Avenue: Beginning at the intersection of the easterly line of South Spring Avenue [50 feet wide] with the northwesterly line of West Spring Avenue, at a corner to Lot No. 389, Plan No. 2, Glen Terrace Tract, and running thence along Lot No. 389 and Lake Avenue, north forty degrees, fifty-five minutes, twenty-three seconds east (N 40° 55' 23" E), 98.46 feet to a corner; thence south thirty-six degrees, twelve minutes east (S 36° 12' E), 25.64 feet to the intersection of the center lines of Lake Avenue [50 feet wide] and West Spring Avenue; thence south ten degrees, fifteen minutes, forty-three seconds east (S 10° 15' 43" E), thirty-two and nine-hundredths (32.09) feet to the southeasterly line of West Spring Avenue and in the line of Lot No. 386 on said plan; thence thereby, south forty degrees, fifty-five minutes, twenty-three seconds west (S 40° 55' 23" W), 134.22 feet to the easterly line of South Spring Avenue; thence thereby, north one degree, fifty-one minutes east (N 1° 51' E), 79.33 feet to the place of beginning, containing one hundred thirty-eight thousandths (0.138) acre of land.
(2) 
Lake Avenue: Beginning at the intersection of the easterly line of South Spring Avenue [50 feet wide] with the southwesterly line of Lake Avenue [50 feet wide], at a corner to Lot No. 389, Plan No. 2, Glen Terrace Tract, and running thence along Lot No. 389, south thirty-six degrees, twelve minutes east (S 36° 12' E), 74.47 feet to a corner; thence north forty degrees, fifty-five minutes, twenty-three seconds east (N 40° 55' 23" E), 26.15 feet to a corner; thence north sixty-eight degrees, fifty-one minutes east (N 68° 51' E), 25.38 feet to a corner of Lot No. 388 on said plan, being also the northeasterly line of Lake Avenue; thence thereby, north thirty-six degrees, twelve minutes west (N 36° 12' W), 139.11 feet to a corner; thence crossing Lake Avenue, being the prolongation of the easterly line of South Spring Avenue, south one degree, fifty-one minutes west (S 1° 51' W), 81.12 feet to the place of beginning, containing one hundred nineteen thousandths (0.119) acre of land.
[Added 5-10-00 by Ord. No. 7-2000]
A. 
Vacation of Third Street between Wilson Avenue and Redwood Avenue. All public rights and interests in the lands and premises described in Subsection B hereof be and are hereby vacated and any and all public rights and interests therein by reason of any dedication, public use or otherwise are hereby vacated, released and extinguished.
B. 
Description. The following is a concise description of the public lands and premises affected hereby:
All that certain tract or parcel of land situate in the Borough of Woodbury Heights, County of Gloucester and State of New Jersey, bounded and described as follows:
Beginning at a point, said point being the intersection of the westerly right-of-way line of said Third Street with the northerly right-of-way line of Wilson Avenue and extending, thence,
(1) 
N 1 degree 00 minutes 00 seconds W along the said westerly right-of-way line of Third Street, a distance of 220 feet to a point, said point being the intersection of the said westerly right-of-way line of Third Street with the southerly right-of-way line of Redwood Avenue, thence
(2) 
N 89 degrees 00 minutes 00 seconds E a distance of 50 feet to a point, said point being the intersection of the easterly right-of-way line of Third Street with the said southerly right-of-way line of Redwood Avenue, thence
(3) 
S 1 degree 00 minutes 00 seconds E along the said easterly right-of-way line of Third Street a distance of 220 feet to a point, said point being the intersection of the said easterly right-of-way line of Third Street with the said northerly right-of-way line of Wilson Avenue, thence
(4) 
S 89 degrees 00 minutes 00 seconds W a distance of 50 feet to the point and place of beginning, being known as Third Street, spanning between the northerly right-of-way line of Wilson Avenue and the southerly right-of-way line of Redwood Avenue.
C. 
Reservation of easement. The above vacation is subject to reservation of a utility easement above, at or below the described premises for the purpose of installing, maintaining, repairing, modifying, servicing or otherwise utilizing the premises for all utility purposes including, but not limited to, water, sewer, drainage of surface or subsurface waters and such other utility purposes heretofore utilized or which may hereinafter be granted, conveyed, assigned or transferred to others. The easement herein reserved is coextensive with the bounds of the right-of-way herein vacated and as otherwise described within Subsection B. hereinabove.
[Added 4-17-85 by Ord. No. 1-1985]
A. 
A portion of Williams Avenue, not needed for public use and more particularly prescribed below is hereby vacated:
All that portion of Williams Avenue, lying east of Lot 4, Block 17, P1.1, of the Tax Maps of the Borough of Woodbury Heights, in the County of Gloucester and State of New Jersey and being bounded and described as follows:
Beginning at a point in the northerly side line of William Avenue, 60' wide, on the division line between Lots 5 and 6, Block A of a plan of lots of Lincoln Park-Tract-filed, said division line also being the division line between Lots 3 and 4, Block 27, Plate 1 of the Tax Maps of the Borough of Woodbury Heights, said point of beginning also being S86° 45'W, 140.00' from the intersection of said northerly side line of William Avenue, and the northeasterly side line of Fourth Street, 50' wide; thence along the northerly side line of William Avenue, S86° 45'W, 1165.63' to a point in the formerly boundary line between the Borough of Woodbury Heights and the City of Woodbury, said point also being in the easterly line of Lot 4, Block 17, Plate 1 of said Tax Maps; thence along the aforesaid former boundary line, S10° 34'W 6179' to a point in the southerly line of William Avenue; thence along the southerly side line of William Avenue, N86° 45'E 130.39' to a point; thence crossing William Avenue, N03° 15'W, 60.00' to the point and place of beginning.
Containing 7380.60 square feet and being a portion of William Avenue as shown on Plan of Lots of Lincoln Park Tract by J. Owen Carter, C.E., dated 1924, filed.
B. 
A portion of Third Street not needed for public use and more particularly prescribed below is hereby vacated:
All that portion of Third Street lying to the north of Harding Avenue, situate in the Borough of Woodbury Heights, County of Gloucester and State of New Jersey and being bounded and described as follows:
Beginning at the northeasterly corner of Third Street, 50' wide, and Harding Avenue, 50' wide; thence along the easterly side line of Third Street, N03° 15'W, 180'± to the southwesterly line of Lot 4, Block 17, Plate 1 of the Tax Maps of the Borough of Woodbury Heights; thence northwesterly at the southwesterly line of the aforesaid Lot 4, 45'± to an angle point in the same; thence continuing along the same, S86° 25'W, 10'± to a point in the westerly side line of Third Street; thence along the westerly side line of Third Street, S03° 15'E, 199.08' to the northwest corner of Third Street and Harding Avenue; thence crossing over Third Street and along the northerly side line of Harding Avenue, N86° 45'E, 50.00' to the point and place of beginning.
Containing 9572± square feet and being all that portion of Third Street lying to the north of Harding Avenue, to be vacated by the Borough of Woodbury Heights.
[Added 5-10-00 by Ord. No. 8-2000]
Whereas, the Mayor and Borough Council have determined that Bridge Drive, proposed for vacation, is no longer used, needed or required for public purposes as a public roadway or other public purposes;
Now, therefore, be it ordained by the Borough Council of the Borough of Woodbury Heights, County of Gloucester and State of New Jersey, with the Mayor concurring, as follows:
A. 
Purpose. It is the intent and purpose of this section to vacate Bridge Drive, a dedicated municipal roadway in the Borough of Woodbury Heights, County of Gloucester and State of New Jersey.
B. 
Adoption.
(1) 
Vacation of Bridge Drive. All public rights and interests in the lands and premises described in Subsection B(2) hereof be and are hereby vacated and any and all public rights and interests therein by reason of any dedication, public use or otherwise are hereby vacated, released and extinguished except as reserved in Subsection C hereof.
(2) 
Description. The following is a concise description of the public lands and premises affected hereby:
All that certain tract or parcel of land and premises situate in the Borough of Woodbury Heights, County of Gloucester, State of New Jersey bounded and described as follows:
Beginning at a point formed by the intersection of the northerly line of Wilson Avenue (50 feet wide) and the westerly line of Bridge Drive (40 feet wide);
(1) 
Thence northwardly along the said westerly line of Bridge Drive 220 feet to a point formed by the intersection of the said westerly line of Bridge Drive and the southerly line of Redwood Avenue (60 feet wide);
(2) 
Thence eastwardly crossing the bed of Bridge Drive and in the extended southerly line of Redwood Avenue 40 feet to a point formed by the intersection of the said southerly line of Redwood Avenue and the easterly line of Bridge Drive;
(3) 
Thence southwardly along the said easterly line of Bridge Drive 220 feet to a point formed by the intersection of the said easterly line of Bridge Drive and the northerly line of Wilson Avenue;
(4) 
Thence westwardly crossing the bed of Bridge Drive and in the extended northerly line of Wilson Avenue 40 feet to the point and place of beginning; containing within said bounds a certain 40 feet wide road known as Bridge Drive and extending from Wilson Avenue on the south to Redwood Avenue on the north.
C. 
Reservation of easement. The above vacation is subject to reservation of a utility easement above, at or below the described premises for the purpose of installing, maintaining, repairing, modifying, servicing or otherwise utilizing the premises for all utility purposes including, but not limited to, water, sewer, drainage of surface or subsurface waters and such other utility purposes heretofore utilized or which may hereinafter be granted, conveyed, assigned or transferred to others. The easement herein reserved is coextensive with the bounds of the right-of-way herein vacated and as otherwise described within Subsection B hereof.
[Adopted 8-18-04 by Ord. No. 14-2004]
Whereas, the Mayor and Borough Council of the Borough of Woodbury Heights have determined that a portion of Willow Avenue, proposed for vacation, is no longer used, needed or required for public purposes as a public roadway or other public purposes;
Now, therefore, be it ordained, by the Borough Council of the Borough of Woodbury Heights, County of Gloucester and State of New Jersey, with the Mayor concurring, as follows:
A. 
Purpose. It is the intent and purpose of this section to vacate a portion of Willow Avenue between Third Street and Fourth Street in the Borough of Woodbury Heights, County of Gloucester and State of New Jersey;
B. 
Adoption.
(1) 
Vacation of Willow Avenue: All public rights and interests in the lands and premises described in Subsection B (2) hereof, be and are hereby vacated and any and all public rights and interests therein by reason of any dedication, public use or otherwise are hereby vacated, released and extinguished, except as reserved in Subsection C hereof.
(2) 
Description: The following is a description of the public lands and premises affected hereby:
All that certain portion of Willow Avenue, situate in the Borough of Woodbury Heights, County of Gloucester, and State of New Jersey, bounded and described as follows:
Beginning at the intersection of the northerly right-of-way line of Willow Avenue, with the Westerly right-of-way line of Fourth Street and extends, thence,
(a) 
In a southerly direction, at right angles to the northerly right-of-way line of Willow Avenue 30 feet to a point in the division line in the Borough of Woodbury Heights and the Township of Deptford, thence;
(b) 
Among said division line in a westerly direction parallel with and distant 30 feet from the northerly right-of-way line of Willow Avenue, 650 feet to a point, thence;
(c) 
In a northerly direction, at right angles to said division line 30 feet to the intersection of the northerly right-of-way line of Willow Avenue with the easterly right-of-way line of Third Street; thence
(d) 
In an easterly direction, along the northerly right-of-way line of Willow Avenue, 650 feet to the point and place of beginning.
(e) 
Containing within said bounds 19,500 square feet more or less.
C. 
Reservation of easement. The above vacation is subject to reservation of a utility easement above, at or below the described premises for the purpose of installing, maintaining, repairing, modifying, servicing or otherwise utilizing the premises for all utility purposes including, but not limited to, water, sewer, drainage of surface or subsurface waters and such other utility purposes heretofore utilized or which may hereinafter be granted, conveyed, assigned or transferred to others. The easement herein reserved is co-extensive with the bounds of the right-of-way herein vacated and as otherwise described within Subsection B hereof.
[Added 6-21-17 by Ord. No. 2-2017]
Whereas, the Borough Council of the Borough of Woodbury Heights, County of Gloucester, New Jersey ("Borough") is of the opinion that the public interest would best be served by abandoning, vacating, releasing and extinguishing any and all public rights which the Borough may have in and to a portion of Hudson Street; Pine Avenue; Fourth Street; and Williams Avenue, which are no longer needed for public street or right-of-way purposes; and
Whereas, it has been determined by the Borough Council that the proposed street vacations are consistent with the approval granted by the Borough of Woodbury Heights Combined Planning/Zoning Board of Adjustment granting Site Plan Approval to A.C. Schultes, Inc.
Now, therefore, be it ordained, by the Mayor and Borough Council of the Borough of Woodbury Heights, County of Gloucester, and State of New Jersey, as follows:
A. 
That parts of the streets and tracts of land situate in the Borough of Woodbury Heights, County of Gloucester, and State of New Jersey, and known as Hudson Street; Pine Avenue; Williams Avenue; and Fourth Street, all as more particularly described and depicted on the Tax Assessment Maps of the Borough of Woodbury Heights, Gloucester County, New Jersey, and as more particularly described on the legal descriptions attached as Exhibits A and B, respectively, as well as the Map marked as Exhibit C are hereby vacated, released, extinguished and abandoned and all public rights therein be extinguished for street or right-of-way purposes, subject, however, to the reservations hereinafter set forth including, but not limited to, the conditions of approval established by the Combined Planning/Zoning Board of Adjustment and the Borough Solicitor memorialized in correspondence dated July 21, 2009.
B. 
The Borough of Woodbury Heights, for itself, its successors, and assigns, reserves unto itself the right to construct, install, build, operate, maintain, use, repair, replace, and relocate such public utilities and cable television facilities, within the described premises, which it may, at any time thereafter, deem necessary for the public health, safety, convenience, and welfare, and the Borough of Woodbury Heights further reserves unto itself the right to use, maintain, repair, replace, and relocate all existing utilities and cable television facilities owned or controlled by it located in, adjacent to, upon or through said land, and further reserves unto itself or for the benefit any utilities, as the case may be, an easement over, under, through, and across the portion of the land described in the attached schedules as may be necessary or expedient for the purpose of maintaining, replacing, relocating, installing, leveling, constructing, and repairing its facilities, mains, and appurtenances, if any, wherever there exists a pipeline and appurtenances thereto beneath the surface of the aforesaid described land, whether the same be owned by the Borough of Woodbury Heights or any utilities servicing the Borough. The Borough of Woodbury Heights further reserves for the benefit of the Public Service Electric and Gas Company and any cable television company the right to maintain, repair, and place utilities or facilities installed by them in, adjacent to, over or through the aforesaid land. All of the aforesaid rights shall be unaffected by this Ordinance.
C. 
The Borough Clerk is hereby authorized and directed to record a certified copy of this Vacation Ordinance and Exhibits directly with the Office of the Gloucester County Clerk.
D. 
The Mayor and Borough Clerk are hereby authorized and directed to execute any and all documents to perfect the Street Vacations recited herein in order to perfect the approval granted by the Combined Planning/Zoning Board, which documents shall be in the form approved by the Borough Solicitor and shall be recorded in the Office of the Gloucester County Clerk.
E. 
All ordinances or parts of this Ordinance inconsistent herewith are hereby repealed as to such inconsistency only.
F. 
This Ordinance shall take effect immediately after final passage and publication in accordance with New Jersey Law.
[1]
Editor's Note: The Legal Descriptions Accompanying Ordinance No. 2-2017 are on file at the Office of the Borough Clerk.