O33 Agreement among WO Essex Fells West Essex Developers and the Essex Fells Country Club

: q 033 AGREEMENT This Agreement dated the day of 7 1986, between the Township of West Orange (“West Orange"), the Township of Essex Fells (‘Essex Fells"), both municipal corporations in the County of Essex, New Jersey, Essex Fells - Country Club, a nonprofit corporation of the State of New . Jersey ("Country Club"), West Essex Developers, Inc. ("the -° Developer"), a corporation of the State of New Jersey. = : WITNESSETH: WHEREAS, on November 7, 1984, the Planning Board of ' West Orange: gave final approval to West Essex Developers, Inc. for: property located on Oval Road in West Orange, also known as Block No, 178 Lot Nos, “3, 5, 7, and 9 and Block No. 179, Lot No.-.32 an the,Tax ap. of West -Orange subject. to the following conditions among others: * sya +++2. A breakaway fence be’ placed across oval Road immediately to the west of the westerly entrance of the premises. «+8. A temporary barrier is to be installed b. 31M Oval Road immediately west of the premises “Gn s@uting construction, and all construction “vehicles are to approach the project from Oval | Road in West Orange and not in Essex Fells. s+69. 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 breakaway fence be vacated; (b) a permanent easement be the vatated road by emergency vehicles only; and (c) a 20-foot wide passable roadway in the bed of the vacated road be maintained by the condominium association; and gas saziogm

C BKSOT2rc Seg WHEREAS, prior to vacating said portion of oval Road, West Orange and the Reveloper want to memoralize the understanding between each other and with the Country Club and Concerning the emergency right of way and the other forth in this agreement; and determined that on the portion of Oval Road to be vacated, WHEREAS, the parties to this Agreement have met and 7 « beside the” fences and barrier mentioned in the aforesaid ~” Resex “Fells should erect a breakaway barrier in Oval Road jadjacent to the boundary line between: essex Pella and West Orange and that signs should be erected at the corner of Ho. ton Babe and Oval Road indicating a dead end at said Bowasr| dine, and. Essex Fells desires ‘to install such fence ip a WHEREAS, before vacation of the portion of Oval Road ato "in Said. Resolution, ‘the parties ‘hereto wish ‘to “weater “ined an ‘Agreement as to the titlé, right: + and duties of tive’ parties in and to that portion~of Oval Road ane sa te ‘on and maintenance “of” the 20-fodt easement’ for THEREFORE, in consideration of the covenants de and.of $1.00 each to the other in hand paid, “the parties hereto agree as follows: Le...West Orange wit?! pass an ordinance vacating the scriped portion of Oval Road in the Township of West Orange, Essex Cohinty, New Jersey? west Orange will also obtain the consent of their Department of Public Works and Engineer's Office for khis Agreement. i

| i | ! i | C C Ris ai BEGINNING at.a point in..the centerline of Oval Road. where the same is intersected by the Township line of the ‘Townships of Essex Fells and West Orange: . ent irPhence (1).:Running along said Township line North East’ 25.87 feet to the Northerly side line of said roadway; thence (2) Running along the Northerly side line of Oval Road South 39°-53' gast 356.16 feet to a point of curve; thence (3) Still along the same on a curve curving to the right having 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 feet to the Southerly side line of Oval Road; thence (5) Running along the Southerly side line of Oval Road on a curve curving to the left having a radius of 2177.88 feet an arc Gistance of 49.93 feet to a point; thence (6) Stil1- along .the sane’ North 39°-53' West 342.83 feet to the Township line; thence (7) Running along said ‘Township line North:35°-11'e East 25.87 feet -to.:the Point and ‘Placeoof BEGINNING, «~*~ Bi a toute teas Said description being in accordance with a nap made by G. C, Stewart “Associates, Inc. dated December 12, 1984) tes 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:rthes land, ‘solely “for purposes of this Ngreement over the following described’ premises:':nge vi!’ £88 421 8Sae

( M50I2 seg ¢ BEGINNING at a point in the centerline of Oval Road where the ie 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 East 10.35 -feet to a Pointy thence (2) ‘Running paralle] to’ the centerline of oval Road “and distant 10.00 feet Northerly therefrom,-South 39°53" East 352.16 feet to a Pointy 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 51°-25' 49°. west 20,00 feet toa pointy.thence (5) Running parallel to the centerline .of oval . Road. and distant 10.00 feat . southerly therefrom and Funning on a.curve, curving to the left having a Fadius of 2192.88 feet and an arc distance of 50.27 feet to a point): thence (6) Still along the same. North. 39°-53!. west ade 83 feet- to the township line; ‘thence (7) Running along said sonniansp. aes North 35°. AL, Bast 10.35,.feet..to the Point ang ie of BEGINNING; : Said description being in accordance with a map ihe by 6. ¢. ‘Stewart Associates, Inc. dated peceaer 12, 1984, H The 'eveloper and the Country Club will grant such 1 senent(s) as may be required by Public Service Electric & Gas company New, Jersey Bell: Felephone Company, Commonyealth, Water Company, Suburban Cablevision, and all other utility companies, pubic er private, for [tne installation of stilities in the '

i | q apove described premises. The parties recognize that utilities ‘. may be placed within the. 20-foot wide perpetual easement, or adjacent: thereto* . ... 3. -. Emergency vehicles include, but are not limited to, fire-fighting--equipment ‘of -all~ types, police vehicle: rescue equipment, and such other vehicles as shall be directed by the West Orange Police Department; « a West Orange agrees that if, in the future, it deems it necessary to open the portion of Oval Road described in Paragraph. .1: hereof, ..it- will-reach..a mutually acceptable agreement with Essex fells; Ss. After vacation by West Orange and the execution of . said. deed .of ement, the Developer will own the northeasterly half of the premises described in Paragraph 1 hereof subject’ to the terms and conditions of said casoment; and: the Country ‘Club-will own the ‘southwestetly portfor of said rigat. of:way. subject:i.to: the: kerms.:and-:conditions..of said eaSement; 6. Said- deed granting the easement set forth in Paragrapn 2 shall provide; :in accordance with other agreements between West Qrange 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 hereing. wc. oi: * 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. $8S uZ10SNe ae

‘eit 12rc 899 € 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 -eign at--the corner of Holton Lane and oval road indicating a dead end at the boundary line. ‘he Developer and/or the Country Club will erect a sign near the entrance to “the devglopment indicating no thoroughfare and dead end; 8. In addition, .pricr to construction and in accordance witn the aforesaid Planning soard Resolution, the Developer will erect a .temporary barrier on Oval Road idmedksteiy.west of the.:prenises. during. construction and. shal instruct all construction vehicles to approach the project from oval ‘Road in ‘West orange.’ After construction the Developer wine soca tance with said Resolution, ~~ = sptace: ‘the bemporary-bargier. with :a:breakaway barrier. in +9. Bssex Fells may vacate the portion of Oval Road from Holton Lane to the boundary line between ‘the tyo nicipalities provided, prior to such vacation, Essex Pells nicipalits obtains the agreement ‘of Essex Fells ‘country Club: and the Gitizens bordering, that portion of Oval Road to grant a 20-foot peer gasenent as described herein and provided further that’ & x res frees to maintain that 20-foot roadway in good condition over said vacated portion of Oval Road.

q C 10. This Agreement may.be.recorded in accordance with a PICS See ee i. Nothing contained herein shall be ‘construed -to ‘prevent’: the Developer “from obtaining construction permits and/or. certificates of. occupancy. for. any of the proposed :' avelling units,’ provided that -all ‘such units comply ‘with ~ applicable construction codes. 11, This Agreement may be freely transferred or assigned ‘to successors in interest of the parties. hereto and snail be binding on any such successors and assigns. IN WITNESS WEREOF, the parties hereto have hereunto; set theix hands and. seals this day of ’ 1986. {Stat APOWNSHIP OF ESSEX FELLS eion of Cvay Road. ay: Deel emai Baa 168 942105

Fa , pT PAT ee TE és ‘ KSO12PG SHR ° C a: bik | = CEBU ide X py: A bab. Unde WEST. £SSEX.DEVELOPERS,. INC. .-.. L seeretary “President

COUNTY OF ESSEX: I CERTIFY that on March 26, 1986, ROBERT M. DI TOMMASO Personally came before me and this person acknowledged under oath, to my satisfaction, that: (a) this person is the Clerk of the Township of Essex Fells, the municipal corporation named in the attached document; (b) this person is the attesting witness to the signing of this document by the proper corporate officer who is Donald M. McWilliams, the Mayor of the corporation; (c) this document w signed and delivered by the ‘corpération as its voluntary act duly authorized by a proper. 7 resolution of its Township course: (4) this person knows the proper seal of the corporation which was affixed to this document; and (e) thig person signed this proof to attest to thé truth of these facts. . Sworn to and subscribed before me this ayer of Wyiptek: , 1987.

c K5012r6 Sey STATE OF NEW JERSEY: CouNTY OF UNTON T CERTIFY ‘that on April 20, 1987, sam ut, GERSHWIN, © Personally cane before ne and this person acknowledged under oath, te oy satisfaction, thats = > (4) thte person te tie Secretary of west Easex Developers, Tne. the corporation named tn the attached docunent 5 (b) this person 1s the attesting witness to the signing of this ‘document by the proper corporate officer vho is LEONARD A. WILP, the Preoident of ‘the corporation; ce: this document wa signed and delivered by the corporation “@) this person knows the Proper seal of the corporation ene which vas affixed to ents document; “and ! 4 aie again Le SH Ge) this pei jon signed this proof to attest to the truth of these facts, SAM M. GERSHWIN, Secretary Swotn' to and subscribed before me this 0m lay of Arik 1987