Oval Road Easement

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Waily oP. AY . BK 501 2 PG soe. Township Of West Orange 25 LARESIDE AVENUE, ‘MENT OF PUBLIC WORKS WEST ORANGE, No. 07052 DEPART! ETRAMUEL A. SPINA MAYOR 474 Prosp! West. Oranger : west ESSEX HIGHLANDS 7 OVAL ROAD 2 Oval Road prepared py Jones T. Stews £ Roseland with @ revision gince it appears: this roadway @esign Was pased on the nf ‘geveloped #xom the plan entitled Proposed ‘of Oval. Road Stewarts L-S- dated November 2, 1987, the alignment plan is C uAgenard Re re ° assistant wunicipal Engineer . RL /ol fram Gexshwin Bruce shoulson Robert vostel fe ce

tee todas . LAW OFFICES ‘ ~ ScewwARrz, TOBA & SPANZIALE . Raid (GRESTMONT ROAD: * MONTCLAIR, NEW JERSEY 07042 Papril 22, 1987 00-7 e, Esq. . ig and Grieco .Park’Street - . 5... lontclair, New Jersey % 07042 . RE: OVAL ‘ROAD AGREEMENT BETWEEN ESSEX FRLLS, |< * " . MEST ORANGE, AND WEST ESSEX DEVELOPERS, IN osing herewith four original copies of the Oval Road Agreement between Essex Fells, West.Orange, and West. Essex _ Developers, ‘Inc. .'The:jAgreements have ‘been executed. on. behalf * - o£ our ‘client as you srequested. -I would ask. that you “now forward ‘them to Joseph Dooley, West Orange. Township; Attorney, for execution by West Orange. a . wae . dinate te ee ahah Please provide me with copies of all ordinances and/or -. :, resolutions which are adopted by the Township of West “Orange. - - I would also ask ‘you ‘to’ prepare the required deed of easement referenced in the body of the Agreement. Our agreement, of . course, is conditioned upon the simftaneous creation of a new rtwenty-foot wide easement replacing the to be vacated portion of Oval Road. Ty dee ee ao , . . oa . oe Thank you for your cooperation. : ‘ "" vWery truly yours, ef , GSR:s |": Enclosures ret cc: ,Cw/encis,) Sam Gershwin are ig a +) cee eee ee

_ _ eee NU 419 BBY Dros. Pd 60h oy : 0 COUNTRY CLUB “April 8B, 1987 . Township of West’ Orange : _ Township of Essex Fells . . West Essex Developers . viet Gentlemen: eet * With regard to the enclosed agreement dated vacating a t portion of Oval Road in West Orange (commonly known by all parties as the Emergency Section") as described, please be advised that our : oa ” - understanding and signing of this Agreement is conditional on the tatal . alignment of Oval Road in West Orange as described and outlined in the Tri-partite agreement dated Oecember 5, 1986 between Essex Fells Countr: Club, Allied Corp. and West Essex Developers, which contains’ Schadulé ‘as drayn by George C. Stewart, Engineers. . panne 3 q . : , . Very truly yours, : . . Robert T. Vostal President ATV: 5m Encl, ec: 9. O'Connor . . dim Stewart ' 219 Devan Road, Exsex Fells, N.J. 07021 nae os : kT Ht eda o

RMR OC te et Bee COT eT ern 5 a: Bae TORR AR ge 8 , PEE Ce SRI AGRE AGREEMENT : bo ee s . This Agreement dated the day of , Country. Club, a nonprofit corporation of the State of New ef" (country Club"), West Essex Developers, Ing. ("the Developer"), a corporation of the State of New Jersey. WITNESS ETH: WHEREAS, on November T, 1984, the Planning Board of Mee ‘ abit Mle ae pod Rew cee corproperty’Toewewa ot Oval “REUG Block Nor &7/8p-obNos e3y~5y 7, and 9 and: Block Nox 179 --Lot “in West" okunde isd ‘knowns i conditions among others: : ON a Pn iced aee2e A breakaway fettce be placed across Oval Road immediately to the west of the westerly entrance of the premises. . .e.8. A cemporary parrier is to be installed | on ‘Oval Road immediately west of the premises “ o°* " during construction, and all construction ‘ vehicles are: to approach the project from Oval Road in West Orange and not in Bssex Fells. wards In accordance with a letter dated October 26, 1984, from Acting Mayor Beard of Bssex Fells to West Orange Mayor Samuel Spina, as attached, (a) the portion o£ Oval Road west of the breakaway fence be vacated; (b) a and (c) a 20-fo0t wide passable roadway in the bed of the vacated road be maintained by the condominium association; and . 1986, between the Township of West Orange ("West Orange"), the © * mownship of “gssex Fells ("Essex Fells‘), both municipal © corporations in the County o£ Essex, New Jersey, Essex Fells West Orange gave final approval to West Bssex Developers, Inc. . No. 32 on the. Tax Map of West Orange subject to the following “ges sZ109%

WU TTY BKSO} 2re 66S C WHEREAS, prior to vacating said portion of oval Road, and the nN ‘West Orange ‘Developer want to memoralize “the . understanding between each -other and with the Country Club and "Essex Fells concerning the emergency right of way and the other matters set forth in this ‘Agreement; and }" "WHEREAS, the partiés to this Agreement have met and 4 determined that on the portion of Oval Road to be vacated, beside the fences and barrier mentioned in the aforesaid "Resolution, Essex Fells should erect a breakaway barrier in “oval Road adjacent to the boundary line between Essex Fells and West Orange and that signs should be erected at the corner of Holton bane and oval Road indicating a dead end at said boundary line, and Essex Fells desires to install such fence and sign; and : LE. (WHEREAS, before vacation of the portion of Oval Road referred Eoin said Resolution, the parties hereto wish to enter.’ into an Agreement as to the title, tights, and duties of the respective parties in and to that aee2. A pyganauar ¢ - after vacation and maintenance of the 20-foot easement for ortion of oval Road © emergency vehicles; eo . NOW, THEREFORE, in consideration of the covenants hereinafter made and of $1.00" each to the other in hand paid, the parties hereto agree as follows: 1. . West Orange will pass an ordinance vacating the following 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, ' sees,

oO C eee ee BEGINNING at.a point in .the centerline of Oval Read where_the.same.is intersected by the Township line .of the Townships of Essex Fells and West Grange: Tapes +> - " sPhence (1)- Running along said Township line North 35°11! East - 25.67 .feet- to the Northerly side line of said roadway; thence (2) Running along the Northerly side line of Oval Road South 399-53" Hast 356.16 feet to a point of curve; eneng%3) Still along the same on a curve curving to the right baving...a, radius..of..2227.88..feet .and an arc distance of - 51,08 feet to a point; thence (4) Crossing Oval Road South " 51%25'-49" West 50.00 fest to the Southerly side line of — Qval. Road; thence (5) :Running along: the Southerly. side--line of Oval Road on a curve curving to the left having a radius, o£ 2177.88 feet an are distance of 49,93 feet to a point; thence (6). AtiL1. along vthe same. North, 39°53' West 342.83 feet to the Township line; thence (7) Running along said Township line Novth..38rll'. East..25.87 feet to..the .Point. and Blace«vwef BEGINNING. - Said description being in accordance with a map made by G, ‘C, Stewart Associates, Inc. dated December La" 1964; - 2, Simultaneosly with the effective date of such vacation, the Developer and the Country Club will execute a deed granting to West Orange, a 20-foot wide, perpetual easement, running with the land, solely for purposes of this Agreement over the following described premises: bog 021 08%8

Se WAY. 4g at : wd ” ¢ BK5012rs 688 C ae . , + BEGINNING at a point in the centerline o£ oval wk - Road where the same is interaected by the Township line Qf the Township of Essex Fells and West Orange: Lo i. : Thence (1) Running. along said Township line North | 35°11 Bast 10.35 eet to ‘a pointy thence (2) Running parallel to the centerline of Oval Road and distant 10,00 feat : Northerly therefrom, South . (39%53" Rast 352.16 feet to a point; thence (3) stili along the same on a curve curving to i .the right having a radius of 2212, 88 feet and an arc distance : of 50.73 feet to a point; thence (4) south 51925! 49s West 7 a . 20, S00 feet to a point; thence (5) Running parallel to the centerline of Oval Road and -distanE 10,00 feet Southerly therefrom and funning ona curve, curving to the left having a ' radius o£ 2192. 86 feet and an are distance of 50.27 feet to a point; thence (6) Still along the same Worth 39°53! West q : saaege feet to the Township line; thence (2) Running along said i Township lane North 35°-1" East 10,35 feet to the Point and ; , Place of BEGINNING; ; 4 : . Said description being in accordance with a map ” made by G. C, Stewart Associates, Inc. dated December 12, 1994, i .. The Developer and the Country Club will grant -Such easement(s) as may be required by Public service Electric & Gas 1 Company, New Jersey Bell Telephone Company, Commonwealth Water i Company, Suburban Cablevision, and all other utility companies, public or private, for the installation of utilities in the

! ; } ! l < above described premises. The parties recognize that utilities may be placed within the .20-foot wide perpetual. easement, or adjacent theyato, 3, Emergency vehicles include, but are not limited to, fire-fighting~ equipment -of 2aki- types, police vehicles, ambulance rescue. equipment, and-such other vehicles as shall be directed by the West Orange Police Department; ” 4. West Orange agrees that if, in the future, it RE ic necessary to ‘open the portion of Oval Road described in Paragraph. ‘hereof, it will reach a mutually acceptable agreement with Essex Pells; 5. After vacation by West Orange and the execution of i;;said.. deed of easement, the Developer will own the northeasterly half of the premises described in- Paragraph 1 hereof subject to the tecms and conditions of said easements and .the Country Club will own the southwesterly portion of said rignt of way subject to the terms and conditions of said easement; ..... Loe woe . tbe * 6. Said deed granting the easement set forth in Paragraph 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 herein; | . . - oo. . % The parties agree to allow such slope and drainage rights as may be required for the proper construction and maintenance of the 20-foot roadway. ~5- R on =) mm Papat oo a oe o ‘| 1 i mo

ee eT We trey r . ¢ m5 12R ae CF 7. ‘In order to prevent use of the portion of oval Road to be vacated before ‘construction commences and during construction; Essex Fells will erect a breakaway barrier near the boundary line between West Orange and Essex Fells and‘will - ‘post ‘a Sign at the. corner of Holton Lane and Oval road and/or the Country Club will erect a sign near the entrance to the development indicating no thoroughfare and dead end; . aw) 7 a...8. In addition, prior to construction and in accordance with the aforesaia Planning Board Resolution, the Developer “wild erect a temporary barrier on Oval Road immediately west of the premises during construction and shall instruct all construction vehicles ta approach the project from oval Road in “west Orange. After construction the Developer : will neplase the temporary barrier with a breakaway barrier in acfatdance with said Resolution, ~ -9, 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 .fssex 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. * dndicating a--dead- end at -the-boundary line. The Developer 3°