Oval Road Easement

deve enn ope aS ne aan DECLARATION OF EASEMENT AND RIGHT OF WAY AGREEMENT THIS, AGREEMENT made on this 19% day of January, 1988, ALLIED-SIGNAL INC., successor in interest by merger to by and betweon/ ALLIED CORPORATION , P.O. Box 2245R, Morristown, New Jersey; HSSBX FELLS COUNTRY CLUB, 219 Devon Road, Essex Fells, Nowtersey: and WEST ESSEX HIGHLANDS, INC, Successor to oe —— West Essex Developers, Inc,, 1640 Vauxhall Road, Union, New Jersey, hereinafter referred to as Grantors, WITNESSETH: The Grantors are the owners of properties located in -the Municipality of West Orange. A11 properties abut a roadway commonly known as Oval Road, a roadway serving all properties, Pursuant to a letter agreement dated December 5, 1986, “(exhibit existing right of way of Oval Road and to a realign Oval Road in accordance with a plan propariits py G.C, Stewart Associates, Inc., dated November 2, 1987, (Exhibit B attached hereto) and to have constructed a roadway and related improvements in accordance with improvement plans prepared by G.C. Stewart Associates, Inc, revised through October 26, 1987. Said letter agreement also provides for the construction of the. new roadway and all related appurtenances by West Essex Highlands, Inc. "3 BR. AY BE G arhie A attached hereto) the parties have agreed to vacate the {Lg s210S%9

weer vee lesan NU. 4719 d ; 5 ‘ _Tealignment and roadway construction plans. BK5O | 2P6 872° . oo Attached hereto as Exhibit C is a letter dated November 6, t : 1987, from West Orange Township Engineering approving said ity West Essex Highlands, Inc. has also entered into an’ ’ ‘Agreement, dated March, 1987, with the Township of Essex Fells and: Essex Fells Country Club providing for the vacation of a portion o£ Oval Road as a public roadway and, in lieu thereof, the establishment of a permanent casement for use by emergency vehicles. Bxhibit D attached hereto. ‘ ae NOW THEREFORE, in consideration of the mutual undertakings of the parties, and of One Dollar ($1.00) each'to the other ig hand paid, the Grantors agree and declare that the following easement and right of way for the realignment of Oval Road as shown on a plan of the proposed realignment of Oval road proposed by G.C,. Stewart Associates, Inc. dated Novembér 2, 1987 shall be established. The, parties hereto, hereby " dedicate..said .easement and right of way for public use. This easement and right of OF tne apply to the following described properties and shall run with said lands in perpetuity: BEGINNING at a point on the Northerly side line of Eagle Rock Avenue, distant 388.95’ Westerly along same from the Westerly side line of Wakeman Street. Said point being the Easterly side line of realigned. Oval Road 50' wide and in the lind of lands of Allied Signal Corporation. - thence (1) running through lands of Allied- Signal Inc., on a curve curving to the right having a radius of 48" and an ar¢ distance of 44' and a chord of North 189+13'~25" West 42.48' to a point; -2-

pe EEN, 41, “sites = thence (2) still through same, on a curve curving to the right having a radius of 410.90' and an arc distance of 81,72" and a chord of North 139-44'-07" Hast 81,58' to a point; . __. thence (3) still through same, on a curve curving to the right having a radius of 698' and an are distance of 120.46' and a chord of North 240-22'-36" East 120.31! to a point; . thence (4) still through same, North 299-19'-15" Bast 512.38' to a point; . . . thence (5) still through same, on a curve curving to the left having a radius of 300,33' and an arc distance of 136.29' and a chord of North 160-19'-15" Bast, 135.12" to a point; - . thence (6) still through same, on a curve curving to the left,-having a radius of 501.28" and an ar¢ distance of 379.58+7dnd a chord of North 189-22'-19" West 370.57': to a points” thence (7) still through same, North 400-03'-52" West 113.60' to a point; , thence (8) still through same, on @ curve curving to the right having a radius of 1165.27' and an arc distance of 366.58 and a chord of North 329-03'-08" West 365,07' to a points thence (9) still through same and through lands of” West Essex Highlands, North 220-02'=-23" West 136.15" to a point; ' . ok thence (10) through lands of said West _ Essex Highlands, on a curve curving to the left having a radius of 2195.28" and an arc distance of 683.68! and a chord of North 300-57'-42" West 680.92" to a point; thence (11) still through same, North 390-55'-00" West 357.72' to the Township boundary line between the Township of West Orange and the Township of Essex Fells; thence (12) crossing realigned Oval Road, South 530-11'-00" West $2.27! to a point on the Westerly side of realigned Oval Road and in the line of lands of Essex Fells Country Club; -3-

WU HE EY ny aRSO1 2° STH, - . + thence (13) running through said Essex Fells Country Ciub along the, Westerly ine of realigned Oval Road, South 390~53'-00" East 542.49 to a point; thence (14) still through same, on a curve curving to the right having a radius of 2145.28" and an arc distance of 668.10' and a chord of South 30°-57'-42" Hast 665,41’ to a spoint; eet thence (15) still through same, South 229-02'-23" Hast _136,15' to a point; : 1 “at thence (16) still through same, on a curve curving, to . the left having a radius of 1215.27' and an arc’ distance of 382.31' and a chord of South 319-03'-08" Bast 380.73' to a point; “thence =(17) still through same, South 40°-03'-52" Bast 113,60' to a point; . thence (18) still through same, on a curve curving to the right having a radius of 451.28' and an arc distance of 341.72" and a chord of South 180-22'-19" East 333.61' to a point; thence (19) still through same, on a curve curving to “the right having a radivs of 250.33' and an are distance! of 113,60" and a chord of South 160-19'~15" West 112,62' to a point; thence (20) still through same, South 290-19'-15" West 542738! to a point; : . . thence (21) still through same, on a curve curving to the left having a radius of 748' and an arc distance of 129.09' and a chord of South 249~22'-36" West 128.03' to a point; thence (22) still through same, on a curve curving to the left having a radius of 460.90' and an arc distance of 125.49" and a chord of South 119-37'-58" West 125.10' to a point; . ” thence (23) still through same, on a curve curving ‘to the right having a radius of 41' and an arc distance of 19.20" and a chord of South 169-55'-51" West 19.04' to a ‘point on the Westerly side line of the original Oval Road; thence (24) running along the Westerly side line of the original Oval Road on a curve curving to the left having a radius of 502,87' and an arc distance of 11.62' and a chord of South 000=13'-20" Hast 11.62' to the Northerly side line of Hagto Rock Avena; . . ~4-

& The following. course is a closing line having a bearing and -distance of North 779-20'-19" East 73.58' to the Point and Place of BEGINNING. Hach of the parties hereto grants to the other permanent easement for reasonable ingress and egress on and across the realigned right of way of Oval Road as previously described. "The vealigned portion of Oval Road containing the 20 foot emergency easement described in Exhibit D shall be used for tl ‘, purposes specified in Bxhibit DP and for no other purpote without the mutual written consent of the parties hereto and the Townships of West Orange and Essex Fells. The parties hereto acknowledge that utility services are required to be constructed and installed within the relocated fifty foot right-of-w. of Oval Road, According} a . and until such time as the Town of West Grange shall have accepted the aedickeion of the relocated fifty foot right of way of Oval Road as 8 public road, West Essex Highlands Inc,, its successors or assigns, is . authorized to execute such easements, or other agreements with respect to the fifty foot right-of-way, as may be required by Public Service Electric and Gas Company, New Jersey Bell Telephone « Company, Commonwealth Water Company, Suburban Cablevision, and all other utility companies, public or private, for the installation of utilities in the relocated fifty foot right-of-way of Oval Road. Any such easement and ‘construction therein shall be subject to and consistent with the terms and obligations of the three-party agreement™ entered into by the parties hereto, which terms and obligations are of Exhibir A attached hereto (Except for Allied-Signal Inc. Ahich is not a party to the Agreement attached hereto as Exhibit 0D) 5 QlG 2d210G¥8

crore NU 4/19 Pod - , 1 . BKYQT2re FTE hk incorporated herein by reference. For the purpose of such “| agrecnents, West Essex Highlands Inc, shall be designated as ‘an attorney~in- fact for the undersigned parties. ‘This Agreement is made expressly for the benefit cof and shall be binding on the heirs, personal representatives, successors of interest and assigns of the undersigned parties. IN WITNESS whereof the parties have set their -hands , wy, ae and’seals this ia day of January, 1988. ee ta in ALLIED~SIGNAL INC., succes i asa NAN in interest by mer er to é c?) “s &. WITNESS: ALLIED CORPORATIO! a! fap eo, Ok By, : lO HE " [Lede brobon. By: Tntona dU, ham, Esq. . AIG ‘te 7G, WALTER CONNELL, SECRETARY WEST ESSEX HIGHLANDS 1 zy ae Mit 1h oy 35% ‘ Z| i ? SF 2 Wier RGD 10nd Pr, ai aes Cen Dloserntises bt weEvery easement granted on behalf of the Grantors by West Essex Highlands, Inc. shall contain an express provision that the grantee company shal] perform its work in a workman-like manner, and shall indemnify and hold harmless Grantors, their employees, and representatives from any and all costs, losses, damages or clains for injury or damage to all persons or property resulting from or related te grantee's exercise of the Mights granted by said easement.

Aliled Corporation P.O. Box 245A. ‘Morristown, NJ 7860-2246 _ “at “Decenber 5; 1986 ‘Essex Fells, New Jersey ‘West’ Essex Highlands “ 1640 Vauxhall Road ” Union, New Jersey 07083 -Gentemen: - +s this Letter Agreement is intended to memorialize certata undgtefandings which we have reached concerning the roadway commonly known as Oval Road in West Orange, New Jersey which abuts our respective properties. West Essex Highlands, a New Jersey corporation, ("West Essex") proposes to develop certain property owned by it to the rear of the . Allied Corporation, formerly Allied Chemical Corporation, a New York te corporation ("Allied"), premises known as Pleasantdale Farm. In order to develop such property, West Essex requires access to Eagle Rock Avenue ‘over and across Oval Read, which roadway will have to be widened to meet the requirements o£ various governmental bodies and agencies. 7 . While there is not total agreement as to the facts, it appears that certain portions of Oval Road may have been previously’ dedicated as” public roadway. Xt does not appear, however, that the Township of West Orange has ever accepted any such dedication. Jt is agreed, however, - that the present alignment of the roadway is not satisfactory to any of the parties and that a new alignment will be far more desirable to all 2. parties. . sae 7 soho as Pas ete x a . Attached to this Letter Agreement as Schedule A is a new alignment of Oval'Road which we have mutually agreed to and accepted, In ;° + + ‘ order to implement the realignment of Qval Road, we have agreed to the . following steps: 1, We will jointly request the Municipal Council of West Orange 7 to vacate any and all previous dedications of the existing Oval Road ’ right o£ way. . . 2, We will each execute such deeds as my be required to : dedicate Qval Road aligned as shown on Schedule A and request the Township of West Orange to accept such dedication. All work to improve Oval Road in, accordance with the new alignment shall be performed by West Essex at its sole cost and expense. In so doing, West Essex shall scrupulously install all fencing, curbing and other improvements shown on Schedule A. All work shall be done in a -good and workmanlike manner and in accordance with all legal oo. requirements. West Essex shal) protect the premises and properties of Aah i % \ Sinha 21gg%e ‘Bis ta

oe -reeee NU. 4 TY t -¢ mS0120. $78 a re: bs a guarantees Shall bé do bilsiness in New | ized ts Pay ae eT ee Eee) wt Wiest Basex ‘Tecoanizes ‘that Oval oad" (both ‘in ‘tts pcesentand . ’ ggontémplated alignments) is the access to Allied's premises for fire and ‘ “delivery ptrposes, Accordingly, West Essex agrees, as a further + inducement to Allied to enter into this agreement, that West Essex shall -Perform its work in such manner that reasonable and convenient access to ;Allied's property over Oval Road and through Allied’s existing Oval, gate shall be maintained and available at all times, notwithstanding the contemplated construction, West Essex acknowledges that Allied's needs atone Riremiane fev i . for access havé priority over all .construction requirements of Jiest Essex. te +. » AS. further consideration for Allied's execution and delivery of this’ agreement, Club agrees to ‘landscape those portions of the Allied ! premises, abutting the realigned Oval Road in accordance with the proposal pe Frank J. Chadwick dated Décaitber 13, 19é4 "attached hereto as Schedule B, such landscaping work shall be performed in a good and workmanlike fashion as soon as is practical’ in -light of the’ construction work to be \3 nab oh, pe a:

* ' 1 insurance requirements described above with respect to West Essex shall be, applicable to Club.and no work shall be performed on Allied's premises until and unless such coverage is in force, all Plants shall | be ‘guaranteed for.a period, of, one year. Should the ‘Township of West Orange refuse to accept. the “dedication o£ the relocated Oval Road, then West Essex, its heirs, personal representatives," successors in interést or assigns shall be ‘solely responsible for the design, construction, maintenance and repairs of the relocated Oval Road, as set forth in Exhibit A, and shall indemnify Allied and Club and hold them harmless from any loss, claim, i damage, or injury, including death, incurred by any person, resulting from the design, construction, or condition of said Oval Road. Said obligation’ shall contitiue in effect ‘forever Erom'the date construction begins on the relocated Oval Road or until terminated by a later acceptance of the dedication by the Township of West Orange or by the mut ‘itten consent of the. parties. hereto, their heirs, successors in inte or assigns. . 7In the event final site plan approval cannot be obtained as to the proposed alignment of Oval Road as shown in Exhibit A, then no party is bound by this agreement and nothing contained herein shall be deemed to be an agreement as to the rights Of any party over and across all or any Portion o£ Oval Road. Please acknowledge your ‘agreement to and acceptance of the “foregoing terms and conditions. ior Vice President inning, Development and Administration Essex Fells Country Club yt wy: Aha E o Yinka Presiden! West Essex Highlands wr Corl ll President >, Execution of this Agreement is contingent . ', @ f upon all parties execution of the Addendum 257) ttached d ‘ aoe attached hereto gn made a part hereof, AT a4Z 1 OSNE re

were cee ee NU 4719 P15 DOROTHY C, OZIMEX =, _ NOTARY PUBLIC OF NEW JERSEY Tee ee beeen . br Counien Expiop 75320--8°7 knows the seal of said corporation; that the sea) affixed to said | instrument is such corporate seal; that it was so affixed under autfirity of the Board of Directors of said corporation, and that he signed his ‘+ fame thereto by like order. : coe =~4- Execution of this Agreewen; is cunriagear yon all nerties axceutisn of the Acder