Road Vacation Bk 12175 Pg 2396

RECORDING INFORMATION SHEET ESSEX COUNTY REGISTER'S OFFICE: HALL OF RECORDS , ROOM 130 465 MARTIN LUTHER KING Jr. Blvd NEWARK NJ 07102 INSTRUMENT NUMBER: DOCUMENT TYPE 9003337 VACATION OF STREET Official Use Only Return Address (for recorded documents) TRENK-DIPASQUALE CAROLE A. GRAVES, REGISTER ATTORNEYS AT LAW ESSEX COUNTY, NJ 347 MT.PLEASANT AVE STE 300 INSTRUMENT NUMBER 9003337 RECORDED ON WEST ORANGE NJ 07052 January 22,2009 01:52 pm RODETATE UASENIRRE No. Of Pages (excluding Summary Sheet) 9 AC] Recording Fee (excluding Transfer Tax) $70.00 Realty Transfer Tax $0.00 Amount Charged — (Check#). 9944) $120.00 Municipality ANGE Parcel Informatio! lo MAIL COPY * i NO COPY ENVELOPE First Party Name FUNDUS ROAD Second lame | WEST ORANGE,.TOWNSHIP OF Additional Information (Official Use Only) ADDITIONAL STAMPINGS oO TESS SESS HSE OEEOKGK DO NOT REMOVE THIS PAG E0000 Rb bo OEi iene ie COVER SHEET (DOCUMENT SUMMARY FORM) IS PART OF ESSEX COUNTY FILING RECORD Toner iiccrert eee RETAIN THIS PAGE FOR FUTURE REFERENCE, #000000 OO IRD Or

Ordinance #2185-08 AN ORDINANCE RELEASING, EXTINGUISHING AND VACATING THE RIGHTS OF THE PUBLIC IN A PORTION OF THE STREET KNOWN AS FUNDUS ROAD, TOWNSHIP OF WEST ORANGE | COUNTY OF ESSEX AND STATE OF NEW JERSEY An ordinance releasing, extinguishing and vacating a portion of the street known as Fundus Road in conjunction with the proposed development of the property located at 464 Eagle Rock Avenue, West Orange, New Jersey, also known as Block 153.13, Lots 30, 31, 32 & 33 on the Tax Map of the Township of West Orange (the “Property” WHEREAS, in conjunction with the proposed development of. vacation of Fundus Road will allow for the Property to be increased in=size 25’ at the western border as required by the Resolution of the Board aS Township of West Orange adopted on November 29, 2007; and WHEREAS, it has been determined by the Fownslip” Council, after due investigation and consideration as follows: a) that the potion of Fundus Road descyg hereinbelow is not needed for use for public road purposes; and (2) that the said portion of rogelae jtself to higher and better use 0: ni than for public road purp that it is in the best interest of the general public and th grShip of West Orange that any public easements, right and in in*and to same shall be vacated, released and extinguished; of the Township of West Ofange, @ounty of Essex, and State of New Jersey as follows: NOW, sragee Shen ORDERED by the Township Council SECTION 1 All public e ts, rights and interests to the portion of Fundus Road described hereinbelow, aré*her ‘acated, released and extinguished except for said easements and rights speci: ‘orth in the description hereinbelow: ESCRIPTION OF A PORTION OF FUNDUS ROAD TO BE VACATED BY TOWNSHIP OF WEST ORANGE, COUNTY OF ESSEX, STATE OF NEW JERSEY BEGINNING at a point on the present Southerly sideline of Eagle Rock Avenue where the same is intersected by the Easterly line of Fundus Road. Thence (1) running along the Easterly sideline of Fundus Road South 37 degrees 37 minutes 00 seconds West, 191.87 feet to a point;

Thence (2) crossing Fundus Road North 52 degrees 23 minutes 00 seconds West, 50.00 feet to the Westerly sideline of Fundus Road; Thence (3) running along the Westerly sideline of Fundus Road North 37 degrees 37 minutes 00 seconds East, 189.15 feet to the aforesaid Southerly sideline, Eagle Rock Avenue; Thence (4) running along the Southerly sideline of Eagle Rock Avenue, South 56 degrees 13 minutes 00 seconds East, 35.67 feet to an angle in same; Thence (5) still along same, South $3 degrees 43 minutes 00 seconds 4.42 feet to the POINT and PLACE OF BEGINNING Containing 9,537 square feet © SECTION I ‘Ss cation which is described in d by public utilities, as defined nderground telephone lines and any Specifically reserved and excepted from Section | above are all rights and privileges now in N.LS.A, 48:2-13, for existing overhead lipes other utilities that are in, adjacent to, @¥ der the street, and by any Cable Television Company, as defined in the “€; vision Act”, N.ILS.A. 48:5A-1 et seq., to maintain, repair and replace their ekist ilities in, adjacent to, over or under the street, or any part thereof. < TION HI Specifically ec nd excepted from the vacation which is described in Section | above are sufficie! is and property to allow a fifteen (15) foot wide water line easement in vote Jersey-American Water Company, more fully described in Exhibit “A” we) SECTION IV Specifi: reserved and excepted from the vacation described in Section I above is a reservation for a five (5) foot wide pedestrian sidewalk and public access easement more fully described in Exhibit “B” annexed hereto. SECTION VI The Township Clerk shall, within sixty (60) days after the effective date of this Ordinance, file a copy of the within Ordinance, certified by her, under the seal of the Township of West Orange, to be a true copy, together with proof of publication, in the Office of the Register of Deeds of the County of Essex, all in accordance with N.L.S.A. 40:67-21.

SECTION VII Any and all Ordinances or parts of Ordinances inconsistent with the provisions of this Ordinance are hereby repealed to the extent of such inconsistency. SECTION VI This Ordinance shall take effect immediately upon adoption and publication in accordance with law. & Dated: October 21, 2008 Ss Adopted: November 25, 200 Approved as to form on the facts provided: “RAD Richard D. Trenk — Township Attorne F:AWPDOCS\N-Z\WO! }GE\ORDINCE\Wacating Fundus Road doc » JoAnn Behar, Dep rk of the To 9 ey a 9 4, JoAnn Behar, Deputy Clerk the Township of West Orange, in the County of Essex, do hereby certify that the foregoing is a true copy an Ordinance adopted by the Township Counei at a :4 Py adopted by the in Behar, Deputy Clerk

1e/16/2088 15:35 3736699568 WO ENGINEERING PAGE B2 Oct-16-2008 14:17 G.C. STEWART ASSOCIATES 979226064 Pop ; _— ©c$lewa ~ associates, Inc. Fells Profestionel Building 320 Runnymede Road PO sox 4d EssexFells, NJ 07021 (973) 226-014) Fox (973) 226-3051 DESCRIPTION OF A 15-FOOT WIDE WATER LINE EASEMENT TO NEW JERSEY AMERICAN WATER COMPANY FUNDUS ROAD, WEST ORANGE, NEW JERSEY BEGINNING at a point in the present Southerly sideline of Eagle Rock A’ anue| here the same js Intersected by the centerline of Fundus Road, ‘ Y Thence (1) running along the Southerly right of way line of CT nue, South 56 degrees 13 minutes 00 seconds Eust, 10.61 fect to an angle polit in samme; j Thence (2) still along same, South 53 degrees 43 We seconds Bast, 4,42 fect to a point, Thence (3) running through Fundus Road parallel to ine and 15.00 feat measured at right angles easterly therefrom, South 37 degregs 3 1e5 00 seconds West, 191.64 feet to the Southerly terminus of the vacation of Fundus, aN f * Thence (4) running along the Southerly t aid Funds Road, North 52 degrees 23 i minutes 00 seconds West, 15.00 fect to t ine thereof, i Thence (5) running along the centerli ndus Road, North 37 degrees 37 minutes 00 seconds East, 190,83 feet to the P o PLACE OF BEGINNING ELRRINBERY f gtuepe'ite 6 Brad etd i

Affidavit of Pub STATE OF NEW JERSEY COUNTY OF ESSEX SS: Chrisma Leon of the West Orange Chronicle, being duly sworn according to law, states on oath, that a notice of which the annexed is a true copy, was published in the West Orange Chronicle, a public newspaper published at West Orange, New Jersey, in its issue of November 13, 2008 making I insertion in all, ication ROINANCE UNDER ORSNSIBERATION PUBLIC NOTICE is nereby given that al a regular meeting of the “Towns Gouncit of the Township of West Stange: N's. held on Tuesday evening October 21, 2008 and passed on first feaging “and ordered advertised Becording fo law, to come up for seer nance to necti releasing, extinguishin, a portion’ of the street Q Proposed develooment of located at 464 Fogle, jest’ Orange, New Jerse faunas Block 183.15" Lots 36, Boe aS on the Tax Map Bf ihe ip of West Orange ine “trope owns fed on November ‘an REAS, it hag been determined by he Towrlship ‘Counel, after due investigation and consideration as falc Iows (that Gescribed for use f indus Road not needed same stall be vacat extinguished NOW, THEREFORE, BE IT HEREBY ORDERED by the Township Council of tho Township of West Orange. County. pl Essex, ard State of New Jersey ag foulows SECTION 1 All public easements, rights and ipterests "to the portion of Fundy Road described hereinbelow, are here by vacated, released and extinguishes except for'said easements and rights specifically sel forth in the description fereinberow DESCRIPTION OF A PORTION OF. FUNDUS ROAD 70 Be VACATEO BY BEGINNING at a point on the present Southerly ‘sideline. of Eagie Hock TARY PUBLIC OF NEW JERSEY My Qgmmission Expires May 19, 2009 Avenue! vnere the same is imersected by the Easteriy line of Fundus Road Thence (1) running along the Easter. ty sideiing of Pindee Roads Eases, degrees's7 minutes 60 seconde West Ee Be ee ea te Baty Southerly sideline of Eagle Rock SoraeE EES SSR ee Ga rings crises 1 mae esa goa OF BEGINNING an Containing 9,537 square feet SECTION Specitically reserved ond except trom the vacation whieh is desermeets fies. as det for existing overhead fines and under: ground ‘telephone lines and any tain Tepair an existing’ tacifiies ‘in adjacent to, over or under the Sirest or any part thereo!

SECTION It Specifically reserved and excepted r 1 cribed in of New Jersey-American Water Com. Pany, more fully desenbed in Exhibit a annexed herete SECTION IV Specifically reserved and excepted from the vacation described in Section Vabove isa reservation for'a five (3) foot wide pedestrian ‘sidewalk. an pubile access casement. more fully Bescribed in Exhibit B annexed nere™ to SECTIONY The Township Clerk shall, within sixty (80) days aller the effective date of Any and all Ordinances or maris of ordinances inconsistent with the pro, visions of this Ordinance are hereby fepeaied (o the extent of such incon” sistency SECTION Vit This Ordinance. shail take, effect immediately upon adoation and publi Cation in accordance with law EXHIBIT A DESCRIPTION OF A15 FOOT WIDE WATER LINE EASEMENT TO. by the centerline of Fundus Thene along same, South 5 gegreee 83 minutes 60 seconds Each ay Southerly terminus Road Nov 82 gagre, Seconds: Wo sta #6 0 GINNING at a point in the present Sideling ef Eagle Rock hence (4) running along the Souther! H peereaaerys ig sideline ot sEagie Rack ast teat POINT AND PLAGE OF BEGINNING. Be ($82.88)