ORDINANCE OF THE TOWNSHIP OF NORTH HANVOER ACCEPTING DEED OF EASEMENT FOR DRAINAGE PURPOSES

 

WHEREAS, Lennar Plumsted Urban Renewal LLC, a Delaware Corporation having an address of 2465 Kuser Road, Hamilton, New Jersey (hereinafter “Lennar”) is the contract purchaser of certain property know as Block 40, Lots 1, 10, and 18, in the Township of Plumsted New Jersey (herein after referred to as the Plumsted Property); and

 

WHEREAS, Lennar received Preliminary Site Plan Approval from the Township of Plumsted for the Development of the Plumsted Property and development of the Plumsted Property proposes certain improvements to Province Line Road. Those improvements involve, among other things, the widening of Province Line Road, grading of the roadside swale and installation of storm drainage pipes, inlets and headwalls (herein after the Required Improvements); and

 

WHEREAS, Mary Jane Barletta (hereinafter “Barletta”) is the owner of all certain property known and described as Block 901, Lot 6.01 on the North Hanover Township Tax Map (hereinafter referred to as "Lot 6.01"); and

 

WHEREAS, in connection with Lennar's requirement for the installation of the Required Improvements on and along Provinceline Road, Barletta has agreed to convey a permanent drainage easement in, along, under and upon Lot 6.01 under the terms and conditions of a certain Deed of Easement for Drainage Purposes; and

 

WHEREAS, the Township of North Hanover and Township of Plumsted executed a certain agreement entitled “Provinceline Road Jurisdiction and Maintenance Agreement” dated June 15, 2017 (hereinafter the “Jurisdiction Agreement”) pursuant to which Plumsted Township agreed to have sole jurisdiction and maintenance of that portion of Provinceline Road between New Egypt-Jacobstown Road and Monmouth Road (County Road 537) for a thirty year term, as established in the Jurisdiction Agreement, after which time, jurisdiction and maintenance reverts back to North Hanover Township; and

 

WHEREAS, the Jurisdiction Agreement identified that Lennar, as part of the approval process for Plumsted Property, would be required to make certain improvements to Provinceline Road, including drainage, that may require the acquisition of easements from certain property owners in North Hanover; and

 

WHEREAS, the Township Committee has determined that in furtherance of the terms of the Jurisdiction Agreement, that it will agree to accept conveyance of a certain Deed of Easement For Drainage Purposes, generally in the form of that Deed of Easement For Drainage Purposes executed by and between Mary Jane Barletta and Lennar, a copy of which is attached hereto; and

 

WHEREAS, the Township Committee has also determined that acceptance of said Deed of Easement For Drainage Easement shall be subject to a final form of easement agreement that is acceptable to the Township Committee and Township Attorney.

 

NOW, THEREFORE, BE IT ORDAINED by the Township Committee of the Township of North Hanover it does hereby accept conveyance of a Deed of Easement For Drainage Purposes from Mary Jane Barletta and/or Lennar Plumsted Urban Renewal LLC, as the case may be, generally in the form of the Deed of Easement For Drainage Purposes between Mary Jane Barletta and Lennar Plumsted Urban Renewal LLC, a copy of which is attached hereto, except that said acceptance shall be subject to and conditioned upon a final form of Deed of Easement For Drainage Purposes that is acceptable to the Township of North Hanover Township Committee and the Township Attorney.

 

            BE IT FURTHER ORDAINED that the Township Committee further authorizes the Mayor and Township Clerk to execute the final form of easement agreement.

 

 

 

 

 

 

On Introduction:

            COMMITTEE

MOTION

2ND

AYES

NAYS

ABSTAIN

ABSENT

Committeeman DeLorenzo

 

 

 

 

 

X

Deputy Mayor Doyle

X

 

X

 

 

 

Committeeman Kocubinski

 

X

X

 

 

 

Committeeman O’Donnell

 

 

X

 

 

 

Mayor DeBaecke

 

 

X

 

 

 

 

 

 

NOTICE

 

This Ordinance published herewith was introduced and passed upon first reading at the regular meeting of the Township Committee of the Township of North Hanover held on March 19, 2020.  It will be further considered for final passage after a public hearing to be held on April 2 2020, at the Municipal Building, 41 Schoolhouse Road, Jacobstown, NJ at 7:00 p.m. or as soon thereafter as the matter may be heard, at which time and place any persons desire to be heard upon the same will be given an opportunity to be heard. Copies are available free of charge at the Municipal Clerk’s Office prior to the public hearing.

 

______________________________

Mary Picariello, RMC

Municipal Clerk               

 

NOTICE

The ordinance read by title upon second reading herewith has been adopted at the meeting of the Mayor and Township Committee of North Hanover Township, held on April 2, 2020 and the 20 day period of limitation within which a suit, action or validity of such ordinance can be commenced, has begun to run from the date of the publication of this notice.

 

                                                                                                ________________________

                                                                                                Mary Picariello, RMC/CMR/CTC

                                                                                                            Township Clerk

           

 

Vote to Adopt Ordinance 2020-03:

COMMITTEE

MOTION

2ND

AYES

NAYS

ABSTAIN

ABSENT

Committeeman DeLorenzo

 

 

 

 

 

X

Deputy Mayor Doyle

 

 

X

 

 

 

Committeeman Kocubinski

 

X

X

 

 

 

Committeeman  O’Donnell

X

 

X

 

 

 

Mayor DeBaecke

 

 

X