Oval Road Easement

\ i | sys OF NEW JERSEY) Union ) s&: - COUNTY OF ESSEX ) : vote a I this Sth day of +» filo. -_, 1986, before ne, personally came . m1 to me known, who being by me ‘duly swort, deposes and says: ‘That he resides in Poe 3 that is a > Secretary of West Essex Highlands, the corporaion _ deactibed In and which executed the within instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed x authority of the Board of Directors of aaid corporation, and that signed his name thereto by Lik ler. Notary Puplic PATRICIA MARCH : A Notary Public of Now Jersey aay ‘My Commission Expires Apri! 4, 21989 eg ZI DSN

wae eee beviea NUGITY 'Y. C M50 | 276 582 feore we out widhwees ADDENDUM JO LETTER AGREEMENT BETWEEN ALLIED CORB., ESSEX FELLS COUNTRY CLUB, tence AND WEST ESSEX HIGHLANDS, INC. a See Road + Ne im eects “ to serve as an Addendum to the Oval at tT abE = Ss peas we - oF ge ye arty -Letter..Agreement! between Allied Corp., Essex Fells Country i ! . Clib, and West Essex Highlands, Inc. d. . i we ! ' } 1. At Page 2, Paragraph 1, after the sentence beginning “West Essex shall have the right to enter.in and.upon the premises of Allied and Cluyb...", insertion of the following verbage: pe The parties agree to allow such “sitope” “dad ~ ‘ “ drainage rights as may be required for’ the proper , Construction and maintenance .of the new roadway. 2, At Page 3, Paragraph 2, after "In the event final site plan approval", insertion of the following phrase: . df xequired by the Township of West Orange or eo te the County of Essex, 3. Add as an additional paragraph: The parties recognize that the engineering plans and, specifications to be utilized by West Essex, for the construction of the realigned Oval Road ? were prepared under contract through parties other than West Essex, West Hssex agrees to construct the improvements in accordance with the i Plans prepared by G, C. Stewart Associates, Inc.; i however, West Essex, shall not be responsible for any additional review charges imposed by the Township of West Orange, if same are assessed by the Township, for any additional review of the Plans prepared by G, ke Stewart Associates, Inc.

: . { 4 isistant Secretary John W. Barter, Senior Vice President - j i. : Planning, Development and Administration i 2 At Deus J. SF. RS. a eae rent d bands S1Le , i soe root tones + ESSEX FELLS COUNTRY CLUB . est: By: etary President a e_ WEST ESSEX HIGHLANDS, INC. 32> FE tos , TN Bier nee eee oats - R rr: 3 1m 22 Lor baal ay = wy oe President Dad . 3. : ‘an -2- wo ro) de ame!

NO4TY OP VY BKSO [2G Sek C C ~ESSEX..FELLS. «COUNTRY CLUB “= - et aie nee) “2° Aped] 8, 1987, Township of West Orange . ° Township of Essex Fells West Essex Developers ' Gentleman: With regard to the enclosed agreement dated vacating a portion of Oval Road in West Orange (comionly known by all parties as ~ vtheEmargency Section") as described, please be advised that our : understanding and signing of this Agreement is conditional on the total ¢ alignment of Oval Road “in West Orange as described and outlined in the : Tri-partite agreement dated December 5, 1986 between Essex Fells Count » Club, Allied Corp. and West Essex Developers. which contains’ Schedule pas araum-by. George C. Stewart, Engineers... 0 ee. 4 gee ween 0 ae . ° . . . “ Very truly yours, ne Robert T. Vostal President . . eopeenere P RTVs 5m “: : a Encl. ~ . ec: ,D. O'Connor oe : 7 “dim Stewart . ;

“Gounery Club, a nonprofit corporation of the State of New AGREEMENT ‘This Agreement dated the day of ownship of “Essex Fells ” emesex Fells"), « both muniotpal Jersey,.-("Country Club"), West Essex Developers, Inc, (“the vevétber* ee a corporation of the State of New Jersey. waegowe WITNESSETH: MAEREAS, on November 7, 1984, the Planning Board of West “Orange: gave final Bpproval to West Essex pevalopera, Inc.” for: property ‘located on Oval Road in West Orange, also “known as, . Block No. 178, Lot Nos 5, 7, and 9 and Block No, 179, fot No, 32 on the, tax Map. of ‘West.cOrange subject. to the “following conditions among others: m eran i ee «+e2. A breakaway fence be’ Placed deross oval Road immediately to the-west of the westerly entrance of the premises. : «+08. A temporary barrier is to he installed u. 5°92, val Road immediately west of: the premises fy “gduting construction; and all construction vehicles are to approach the project from Oval Road in West Orange and not in Essex Fells. a @ sdZ(9S3 an ede In accordance with a letter dated - October 26, 1984, from Acting Mayor Beard of Essex Fells to West Orange Mayor Samuel Spina, as attached, (a) the portion of Oval Road west of the breakaway fence be vacated; (b) a permanent easement be recorded for the use of the vatated road by emergency vehicles only; and (c) a 20-f00b wide passable roadway in the bed of the vacated road be maintained by the condominium association; and 98

pees NU. 4719 rt & , ( mS0 1 2re 586 ’ WHEREAS, prior to vacating said portion of Oval Road, | West Orange andthe Developer want to Memoralize the “matters Bet forth’ in this agreement; and ” WHEREAS,- the parties to this Agreement have met and _ Regollition, Essex Fells should erect a breakaway barrier in Oval Road adjacent to the boundary line between Essex Fells and West Orange ang that signs should be erected at the corner of tee weit Heras, before vacation of the portion of. Oval Road wee. on ae . ESS to in ‘said. Resolution, the parties hereto wish to conta a (NOW, THEREFORE, in consideration of the covenants ~_hereinafter made and-of $1,00 each to the other in hand paid, "the parties hereto agrea as follows: ~ West Orange will pass an ordinance Vacating the described Portion of Oval Road in the Township of West Orange, Essex County, New Jersey. West Orange will also obtain the consent of their Department of Public Works and Engineer's Office for this Agreement. ‘understanding between each other and with sthe Country Club and° Bssex Pelis “concerning the emergency right of way and the other ‘bhak on the portion of Oval Road to be vacated, beside the” fences * and barrier mentioned in the aforesaid . Holton: Lane “and Oval Road indicating a dead end at said heat,

C - Road where the same is intersected by the Township line of the «Townships of Essex Fells and West Oranges as°ai' East 25,87 feet to the Northerly side line of said roadway; . thence (2) Running along the Northerly side line ot ovd Road ‘South 399-53! gast 356,16 feet to @ point of curve; - wai t-Thence (1); ;Running. along Said Township line North BEGINNING at. point inthe centerline of Oval .. thence (3) stil1 along the same on a curve curving to the right having a radius of 2227.88 feet and an are distance af 51,08 feet ‘to -a point; thence (4) Crossing Oval -Road-: South Oval Road; thence (5) Running along the Southerly aide line of Oval Road om a curve curving to the left having a radius of 2177.88 feet an are distance of 49.93 feet to a point; thence (6) Still- aldng .the same" North 39°53! West 342.83 feet to tne Township line; thence (7) Running along said Township line North 35°11", Hast 25.8% BEGINNING.--"+- 0-20 bat cee tee ep nee Ls feet who. .the .Point and ‘Placeroof * Said description being in accordance with a map made by G. Cc, Stewart Associates, Inc, dated December 12, 1984; we 2. ..Gimultaneosly with the effective date of such vacation, the Developer and the Country Club will execute a deed granting’ to West Orange, -@ 20-foot: .rwide,. “perpetual easement; running wittrthe t land, solely ‘for purposes of this Agreement over the following desardbed ‘premiséss'rnge wi!t a-ga SERRE rar on -aman® re res Bagineer's J£Liee far this agras3-at, mee. ERG 2 ee Be 519~-25'-49" west 50.00 ‘feet to the Southerly side line gt - KG £88 czZlogm

NU4HIY B23 . * BK Bo, nr? - - ( 5012s seg ( . a = ” peezuwane ak a point in the centerline of oval Road where the same is “intersected by the Township line of the " Township of ‘Essex ~ Fells” and West Orange: Thence (1) Running along said Township line North 35°11 Kast 10,35 -feet to a pointy: thence (2) -Running | . parallel to the centerline of Oval Road and distant 10,00 feet Northerly therefrom, ‘South 35°53" Hast 352.16 feet to a point; thence (3) Still along tne same on a curve “curving to the right having a radius of 2212,88 feet and an arc distance - of 50,73 feet to a point; thence (4) South 519-25' 49"- West 20,N0 feet to-a poiftt; thence (5) Running parallel to the ‘ f . centerline of Oval. Road and distant 10.00 feet . Southerly ; therefrom and running on a@.curve, curving to .the left having a { radius of 2192, 88 feet and an arc distance of 50,27 feet to a boinky:. thence (6). Still along the’ same, North 390-53! West th “93 feet- to the Township line; ‘thence (7) Running along said Township. Line North. 35°-11'. Bast 10,35. .feet.,to the Boint and Place of BEGINNING; Said description being in accordance with a map made by G, c. Stewart Associates, Inc, dated December 12, 1984. the Developer and the Country Club will grant’ ” such easement(s) as may be required by Puplic Service Electric & Gas - Company,...Naw.Jersey,.Bell Telephone, Company, Commonyea}th,. Water Company, Suburban Cablevision, and all other utility companies, public or private, for the installation of utilities in the

= = may . ‘be placed yithin- the. 20-focot .wide perpetual .easement, or. Adjacent: thereton® 2. aaeece ee ec we ee lene ay mene saywa., 4, Emergency vehicles include, but are not ‘limited to, fire fighting--eqiipment ” ‘of ~ali: types, ° police vehicles; © C above described premises, The partigs recognize that utilities | 4 ambulance» “rescue equipment, and such other vehicles as shall be 3 firected by the West Orange Police Department; en To west. Orange agrees that if, in the future, it deenfirit necessary to ‘open the portion of Oval Road’ described in Paragraph .l. hereof,..it. will.ceach .a mutually...acceptable agreement with Essex fells; 5. After vacation by West Orange and the execution of . said deed .o£F easement, the Developer will own the northeasterly bale of the premises described in Paragraph a hereof subject to the terms and .conditions of said easement; andé;,the Country ‘Club*will own'the “southwestet ly: ported of said rignt ofaway: supjecti.tay the: : kerms,cand - conditions. ..of “said eaSement; w..c we ee eos errr tee “rye 7# 6,°""Said deed granting the easement set forth in Paragrapn 2 shall provide, -in accordance with other agreements between West Orange and. the.Developer, that the Developer and condominium association that will succeed to the title of the Developer shall install and maintain the 20-foot road described hereiny. ww. * The parties agree to allow such slope and drainage rights as a May be, required for ithe proper construction and maintenance of the 20-foot roadway, : ag oz iosye + heme. wage ntinetedasewe se

NU 4479 r 2 .Post-a -sign at. the corner of Halton Lane and oval, road a S012rc §99 q . . Tee Th. order to prevent .use of.-the portion of. Oval Road. ‘ta. be..vacatéd before construction commences and during construction, Essex Fells will erect 4 breakaway harrier. near the boundary line between West Orange and Essex Fells and will indicating a dead end at the boundary line. The Developer - and/or the Country Club will (erect a sign near the ‘entrance to the development indicating no thoroughfare and dead end; 8. In addition, -prior to construction and .in accordance ‘vith the aforesaid Planning Board Resolution, the Developer will erect a .tempdrary barrier on Oval Road . immediately west of the. premises during construction and shall instr uct all constuction vehicles to approach the project from Oval Road in “west Orange. After construction the Developer will‘zeplace= the? ‘temporary: barrier with -@-breakaway barrier in accordance with said Resolution, ° - so roaa rn: Essex Fells may vacate the portion of Oval Road from Holton Lane to the boundary line between ‘the two Municipalities provided, prior to such vacation, Essex Fells obtains the agreement :of Essex Fells Country Club | and "the citizens bordering that portion of Oval Road to grant a 20-foot easement as described herein and provided further that Essex Fells agrees to maintain that 20-foot roadway in good condition over Said vacated portion of Oval Road, Sener e