Borough of Hillsdale

Ordinance Number 10-05

(Introduction)

Title: An Ordinance Vacating a Portion of Property at Block 1702, Lot 7 in the Borough of Hillsdale

WHEREAS, the Borough Council of the Borough of Hillsdale has determined that it is in the best interest of the public to vacate rights over a certain portion of property located known as Lot 7, Block 1702 within the Borough of Hillsdale, pursuant to N.J.S.A. 40:67-1; and

WHEREAS, the current owner of the property characterizes the municipal interest as being “located at the edge of a filed map” and thus “a marginal street based on filed map 161, dated May, 1950, known as Map of Property of Hunt-Kal Co. Inc., Borough of Hillsdale, Bergen County, New Jersey, prepared by Hobleman, Argenti & Kuhn, Civil Engineers, Westwood, New Jersey.”

NOW, THEREFORE, BE IT ORDAINED, by the Borough Council of the Borough of Hillsdale:

Section 1. The following tract of land within the Borough of

Hillsdale, is hereby vacated:

BEGINNING at the southeasterly side of Everdell Avenue at a point distant three hundred twenty-four and thirteen hundredths (324.13) feet southwesterly from the southerly line of Washington Avenue and running; thence.

1. South forty-four (44) degrees, eleven (11) minutes west sixty-one and thirty-nine hundredths (61.39) feet; thence
2. North forty-four (44) degrees, thirty-one (31) minutes thirty (30) seconds West eighteen and thirty-four hundredths (18.34) feet; thence
3. North sixteen (16) degrees, forty-four (44) minutes East sixty-eight and seventy-three hundredths (68.73) feet; thence
4. South forty-five (45) degrees, forty-nine (49) minutes East fifty (50) feet to the Point and Place of BEGINNING.

Section 2. Specifically excepted and reserved from this vacation are all rights and privileges now possessed by public utilities, as defined in N.J.S.A 48:2-13, and by any cable company, as defined in the "Cable Television Act," P.L. 1972, c.186 (C.48:5A-1 et seq.).

Section 3. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this Ordinance.

Section 4. All Ordinances or any provisions of any ordinances

inconsistent with the provisions of this ordinance are hereby repealed as to such inconsistencies and not otherwise.

Section 5. This Ordinance shall become

effective upon final passage and publication according to law.

BE IT FURTHER ORDAINED, (1) that upon final passage that the

Municipal Clerk transmit a certified copy for filing to the office of the County Clerk along with proof of publication. (2) This ordinance will be considered for a public hearing and final passage in Borough Hall Chambers, 380 Hillsdale Avenue, Hillsdale, NJ 07642 at or about 8 P.M. on April 6, 2010.

Council member	Motion	Second	Yes	No	Absent	Abstain
Arnowitz, Max	x		x
DeJoseph, Jonathan			x
Giancarlo, Michael		x	x
Hanlon, Marie			x
Schiavone, Donna			x
Weinstein, Andrew			x

Introduced: March 9, 2010

Attest:

________________________________ __________________________________

Robert P. Sandt, RMC Mayor John Sapanara

Municipal Clerk