17 Existing and Proposed Easements or Dedications

, ,••••••••• . BOD 1526 pAcE284 SUPERIOR COURT OF NEW JERSEY ze. LAW DIVISION, ESSEX COUN It DOCKET NO. L 8255 - 56 go m IN THE ::.\TTER OF THE APPLICATION OF ) -...- ' • m • THE TOWN OF W;;ST ORANGE, A MUNICIPALITY) me 0 on IN THE COUNTY OF ESSEX AND STATE OF ) CIVIL A ION" ' '1 NEI; J:11.S'iY To FIX THE COMPENSATION TO ) m 0 itS P:ID FOR T1U LANDS OF THE P & T ) In Cond atiZ -.4 t:gt :: :',LTY Cr)., INC., A CORPORATION or THE STA7;: ')F NEW JERSEY, AND ROSS 'ULKINS ) JUDGMENT DI uCTING HORLASI.; AND MAGDALENE S. BORLASE, HIS ) PAYMENT OF AWARD ,..:IFE, T*) nr. TAKEN FOR PURLIC USE. ) IN CONDEMNATION. ) This matter being opened to the Court by LOUIS LANDO, ;$2.171IRE, attorney for plaintiff and the defendants havinr, arTeed to the entry of this judgment as appears from the endorsement of their respective attorneys as 1,eretnafte set forth: It is on this, glsz day of October, 1957, ORDEED AVD ADJUDOED that .71ainti!'e :lay the sum of FOUR THOIMAND DOLIA!al (54,000.) fixed by the Commissioners beret by their report dated August 22, 1957 as the compenention for the taking of the easement or right of way set forth in the complaint,as follows: DOLLARS (4750.00) SEVEN HUNDRED AND FIFTY to the defendant, P. & T. REALTY CO., INC., a corporation of the state of New Jersey, and THIRTY- i 0 (43250.00) HUNDRED FIFTY DOLLARS/to Ross :!ILKINS DORLASE and MAGDALENE S. UORLASE, his wife, in partial reduction of the principal amount due them under a certain nurchase money mortgage on the premises subject to said easement and right of way, which mortgage is dated August 5, 1955, made by said P. & T. REALTY CO., INC. and recorded in Book 3324 of Mortgages,for the County of Essex at page 70. We consent to the entry of the within judgment. William Fogel WILLIAM FOGEL, Attorney for P. & 4 J. S. C. Realty CO., Inc. WHITING MOORE & PHILLIPS. ' Hy:C Alan Phill the attorney act ng for the firm, Attorneys for Roes Wilkins Sorlaso and Magdalene S. Borlaee, his wife. a ha X7P. 44:1 eh 4t • f,

L GRANT scorr.Clerk of the Superior Court of Nee the name being a Co0c3.of Record,doAteby e forego! g 474rit. is a true copy of thej/4 1-14 now on the filed doily of ce IN TESTIMONY WHEREOF, I have hereunto .a_eltr hand a d day 4/affixed t seal of said Court, at Trenton, this Nineteen hundred and -%tfat• 441,

I .' 401 /r ,/e565' EASEMENT AND RIGHT-OF-WAY AGREEFLENTiOOK3632 WAS this 'red day of made AGREEMENT OF MEMORANDUM I , 19 59 , by and between April LEDNARD DIENER and BEATRICE DIENER, his wife, residing at 106 Morristown Road in the City of Elizabeth Union County of essessand State of New Jersey, hereinafter referred to as the GRANTORS and THE TOWN OF WEST ORANGE, a municipality in the County of Essex and State of New Jersey, hereinafter referred as to the GRANTEE. W I T N E S S E T H: the owners WHEREAS, the GRANTORS in fee of . certain lands, situate, lying and being in The Town of West Orange, Essex County, New Jersey, described as Lot , as shown on the Tax Maps in Block 157 of The Town of West Orange; and WHEREAS, the GRANTEE, either itself, or through did its contractor, lamboodootxclay and construct a certain oftimixecsanitary sewer with appurtenances, for aims= sanitary sewer purposes, hereinafter called "Ma Fourth WamlAmdliar/Trwrilc Sewer" over and through premises hereinafter described and following construction thereof, to maintain the same; and WHEREAS, the GRANTORS have agreed to grant to the GRANTEE the right to lay, construct, maintain, use, repair, renew and operate sub-surface drains or pipe on lands as hereinafter described. NOW, THEREFORE, in consideration of the sum of ONE 4 14 0) DOLLARi and other good and valuable consideration to the GRANTORS in hand paid by the GRANTEE, the receipt whereof is hereby acknowledged, and in further consideration of the covenants and the agreements herein contained on the part of the parties hereto, the GRANTORS have given, granted, con- veyed and by these presents do hereby give, grant and (1) I )1.11 11 1t 51 1 II 11

Pp 3632 convey unto the GRANTEE, its successors and assigns, for sewer purposes, an easement in, on and through the lands of , hereinafter more particularly described., the GRANTORS together with the right to lay, construct, maintain, use, repair, renew and operate sub-surface drains, pipe and sewer mains in, over and through said lands. (1) The lands and premises which this easement and right-of-way covers are described as follows: BEGINNING at a point in the northerly line of Mt. Pleasant Avenue distant 218.96 feet easterly from the intersection of the northerly line of Mt. Pleasant Avenue with the easterly line of Pleasant Valley Way; thence (1) North 32 degrees 25 minutes East distant 307.35 feet; thence (2) North 71 degrees 324minutes East distant 53.97 feet; thence (3) South 65 degrees 49 minutes East distant 208.18 feet; thence (4) North 66 degrees 31 minutes East 53.70 feet to the southerly line of Mt. Pleasant Place which point is also 54.25 feet westerly of the easterly property line. of the whole tract. (2) The GRANTORS further grantsfto the GRANTEE a temporary easement in lands contiguous to said permanent easement, for a distance of an additional fifteen (15') feet on either side of the permanent easement or right-of-way, which temporary easement shall be used by the GRANTEE, or its contractor, or its or their servants and agents, during the construction of the sewer aforesaid, for ingress and egress and for construction purposes. The temporary easement shall be abandoned and cease immediately upon the completion and acceptance of the construction work. (2) If

;6361? (3) It is further agreed, that the GRANTEE, or its contractor, or its or their servants and agents, shall not traverse any portion of the lands owned by the other than those contained in the permanent GRANTOR and temporary easement or right-of-way herein granted. The GRANTEE agrees for itself and its (4) contractor:- (a) To perform the work of building said sewer and appurtenances thereto in a careful and workmanlike manner. Or)cceinoliliAMEScalsaixtockindoritemeinkbestalter caaaamdommiessaudshomifftAVIEGE,:mundirmokcany . tooducaltedsiteo .:I 1.1.441,.,3, .u.• •• seb 1.111. a; •P • ,/,•, 1:.•••, .• • •, >•• • 4011, 1111 .d, J1:.......,. 111 .1-6..1 4 112 •I‘ . . .I .411,,, , 11 , 11•1111.•,•••41.4 (2:41m5boxaaidefeamardearikbannalltmerdammeitaaa ,, , 1•11, 11.1 ,,, , ...".11:3111.1.111.1•;.,•:,1111 4,.• 1,410 1. • 114.11; 110 .., • aredsctfollicsakbertereergotimacmaitabuhscakbroathecknxesapealssoclusbcanziotte: coacckkaikenceorssessergx *RP " " •1• - EraniuMnaattbsonalaqpibscratutuesa (5) The GRANTORS agree to procure and deliver to the GRANTEE, simultaneously herewith, proper 1 1 postponements from any mortgagees holding mortgages on said lands covered by said permanent easement postponing and subordinating the lien of the said mortgage or mortgages to the easement or right-of-way to the GRANTEE created by this instrument. IN MUMS WHEREOF, the PART/ES OF THE FIRST PART have hereunto set their hands and seal, and the said SECOND PARTY has I; caused its corporate seal to be hereunto affixed and attested by TMURMAN J. WILLIAMS, its Clerk, and these presints to be signed by s. (3)

JAMES J. SHEERAN, its Mayor, the day and year first above

Irwin Karkus, Law Form Publitho, JIstrark, N.J. 4- •Achnowledament•—lndovick401. ii."3632 "V" Otair of Nclu Venom • ; ;.• t-f Gannln of I 493 — ~Sr ii Itentrinbrreb, that on this day of April One Thousand Nine Hundred and Fifty—nine , before me, the subscriber, personally appeared LEONARD DIEV.21 andl3FATHICE DlENER, his wife who,I am satisfied, are the parties they &jeered the same as expressed. mentioned in the within instrument,and thereupon acknowledged that their they signed,sealed and act and deed for the uses and purposes therein

STATE OF NBY JERSEY COUNTY OF.ESSEX ) ) SS ) BE 1T MEMBERED, that on thin ,,e./.( day of in the year of Our Lord One Thousand Nine Hundred and Fifty-nine, before me, the subscriber, NotARY PU:BCOFNEWJERSEY personally . • appeared THURMAN J. WILLIAMS, who, being by me duly sworn on his oath, doth depose and make proof to my satisfaction, that he is the Clerk of the Town of West Orange, the party of the Second Part named in the within agreement, that JAMES J. SHEERAN, is the Mayor of The Town of West Orange; that the execution, as well as the making of this agreement, has been duly authorized by a proper resolution of the Board of Commissioners of said Town; that deponent well knows the corporate seal of said Town, and the seal affixed to said Instrument is such corporate seal and was thereto affixed and said instrument signed and delivered by said Mayor as and for his voluntary act and dead and as and for the voluntary act and deed of said Town, in the presence of deponent, who thereupon subscribed his name . thereto as witness. SWORN TO AND SUBSCRIBED BEFORE ME, at West Orange, New Jersey the date aforesaid. 3 L. t par,

EXHIBIT C

• 6105 I 20.PG 286 (0365B, pgs, aF) 4047-0 9fliV Prepared By: William M. Speas New Jersey Bell Telephone Company 281 Washington Street Newark, New Jersey 0 102 RETURN TO; WILLIAI44 M.SPEAS 281 WASHINGTON St ' 2nd FLOOR NEWARK,NJ 07102 L.S. •RIGHT OF WAY GRANT'S IHILEDBIORE, was made and executed the • • • 19 ; BETWEEN, • • day of •! • Diener Mt. Pleasant Associates, LTD, a New Jersey Limited Partnership in the Township of Springfield, County of Union, New Jersey, hereinafter. called "GRANTOR", • NEW JERSEY BELL TELEPHONE COMPANY; a New Jersey Corporation having its principal offices at 540 Broad Street, in the City of Newark,.County of Essex, New Jersey, hereinafter called :"• -1.02ANTEE". • .. • : • •. • • • •• • • WHEREAS, Grantor.is the owner in fee simple•ol a certain tract•of•real property situate in the Township of West Orange , County of Essex , New Jersey, and designated as Lot 5 in Block 157, An the tax maps of said West Orange Township; and,' '• •' • • • • Alin; • • WHEREAS, Grantee is a public utility of the State of New Jersey, engaged in furnishing communication services to subscribers in the State of New Jersey;' and;. WHEREAS, the Grantor does agree to convey an•EASEMENT IN PERPETUITY to' Grantee for its'use, occupancy and enjoyment, with the right‘-to enter.in and upowthe same to construct, install/maintain, renew, •repair'and'rbmove a 'line or lines Af aerial and/or'undergrOund plant.'elpipMent and appurtenant' fatilities, as said companies may deem reasonably necessary and proper solely for the operation of a communication system or systems, KILIIEREEOREMMSEM• In consideration of these premisds and the'sum of FOUR THOUSAND AND NO/100 DOLLAMS'($4,000.00) paid to the Grantor by the Grantee, the receipt of which is hereby acknowledged, and in further consideration of the mutual conditions, covenants, promises and terms hereinafter contained, specifically as contained-.in Paragraph Nine (9) below, it is agreed that: FIRST: Grantor does hereby GRANT and CONVEY 'unto? Grantee and their • associated and affiliated companies, successors in interest and assigns, an EASEMENT IN PERPETUITY, in, on, upon, through, under and across the hereinbefore described lands of Grantor; with full rights, privileges and authority for Grantee to enter upon same from time to time, WITHOUT NOTICE to' Grantor, for the purpose of inspecting,