Ordinance No. 12-13

Introduced: July 23, 2012
Public Hearing: August 13, 2012
Status: Adopted

An ordinance providing for the vacation of a public street known as Valley Drive North Road, or part thereof, pursuant to N.J.S.A. 40:49-6, N.J.S.A. 40:67-2 and N.J.S.A. 40:67-21 and releasing and extinguishing any public right therein

WHEREAS, the Township Council of the Township of Vernon previously authorized and accepted Valley Drive North Road as dedicated and conveyed to Vernon Township; and

WHEREAS, a portion of Valley Drive North Road will no longer be needed for public purposes.

NOW, THEREFORE, BE IT ORDAINED by the Township Council of the Township of Vernon, County of Sussex, State of New Jersey, as follows:

Section 1.

  1. The portion of the Valley Drive North Road designated in the attached SCHEDULE A is hereby vacated and the public’s right therein released and extinguished except for all rights and privileges possessed by public utilities and/or cable television companies to maintain, repair, and replace existing facilities in, adjacent to, over or under the said right-of-way, hereby reserved and excepted pursuant to N.J.S.A. 40:67-1.
  2. After being introduced and having passed a first reading, this Ordinance shall be published at least once not less than ten (10) days prior to the time fixed for further consideration for final passage.
  3. At least one (1) week prior to the time fixed for further consideration of this Ordinance for final passage, a copy thereof, together with notice of its introduction and the time and place when and where the Ordinance will be further considered for final passage, shall be mailed to every person whose lands may be affected hereby so far as may be ascertained. The Township Clerk shall mail said notice in accordance with N.J.S.A. 40:49-6.
  4. Within sixty (60) days of the effective date of this Ordinance the Township Clerk shall file a copy, certified by her under the seal of the Township to be a true copy, together with proof of publication thereof, in the Office of the Sussex County Clerk in accordance with N.J.S.A. 40:67-21.
  5. The Mayor and Township Clerk are authorized and directed to execute a Deed for the portion of right-of-way described in SCHEDULE A to __________________________.

Section 2. Severability. If any part of this Ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portion of the Ordinance. Any Ordinance or portion thereof that may be inconsistent with the Ordinance is hereby repealed to the extent of the inconsistency.

Section 3. Effective date. This Ordinance shall take effect upon final passage and publication as provided by law.

Schedule A