Title
AN ORDINANCE PROVIDING FOR THE VACATION OF DEWEY STREET AND DEMAREST STREET BETWEEN HAWTHORNE AVENUE AND NYE AVENUE IN THE SOUTH WARD OF THE CITY OF NEWARK.
body
WHEREAS, the City of Newark (the “City”) possesses rights-of-way through all public streets located within its jurisdiction; and
WHEREAS, pursuant to N.J.S.A. 40:67-1 et seq., the City is authorized to establish, alter, change the grade of, or vacate any public street, highway, lane, or alley, or any part thereof, at its discretion; and
WHEREAS, on June 9, 2025, the New Jersey Schools Development Authority (“NJSDA”), as the property owner, submitted a written request to the Department of Engineering seeking the vacation of Dewey Street and Demarest Street between Hawthorne Avenue and Nye Avenue to accommodate the construction of the New University High School, including new infrastructure and a redesigned layout for the high school grounds; and
WHEREAS, the vacated portion of Demarest Street will serve as the primary access drive for the New University High School and the existing Hawthorne Elementary School, thereby improving traffic flow and site functionality; and
WHEREAS, approximately 110 feet of Dewey Street will remain as a driveway access to serve the Kingdom Hall, ensuring continued ingress and egress for that property; and
WHEREAS, the Governing Body has reviewed said request and determined that the aforementioned portions of Dewey Street and Demarest Street, as more particularly described in NJSDA Request Letter attached hereto and made a part hereof, are no longer necessary for public use or municipal purposes; and
WHEREAS, the vacation of these streets will not adversely affect the public interest and will facilitate the development plans of the NJSDA for educational purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
Section 1. The portions of Dewey Street and Demarest Street located between Hawthorne Avenue and Nye Avenue, as described in NJSDA Request Letter, are hereby vacated and shall cease to be public rights-of-way, subject to the conditions set forth herein.
Section 2. The City reserves all existing utility easements and rights of access for public utilities, including but not limited to water, sewer, gas, electric, and telecommunications, unless expressly released by the respective utility provider.
Section 3. The vacated portion of Demarest Street shall serve as the access drive for the New University High School and Hawthorne Elementary School.
Approximately 110 feet of Dewey Street shall remain as a driveway access to serve the Kingdom Hall property.
Section 4. The City Clerk shall cause this ordinance, along with NJSDA Request Letter, to be recorded in the Office of the Essex County Register of Deeds.
Section 5. Within sixty (60) days after the adoption of this Ordinance, the City Clerk shall cause this Ordinance, together with a copy of the proof of publication thereof, to be filed with the Essex County Register of Deeds and Mortgages for recordation in the County's Book of "Vacations," pursuant to N.J.S.A. 40:67-21.
Section 6. All publication and notice requirements of this ordinance are subject to N.J.S.A. 40:49-6.
Section 7. This Ordinance is adopted under and by virtue of the provisions of N.J.S.A. 40:67-1, et seq. and N.J.S.A. 40A:12A-10.
Section 8. This Ordinance shall take effect upon final passage and publication in accordance with the laws of the State of New Jersey.
STATEMENT
The vacation of Dewey Street and Demarest Street between Hawthorne Avenue and Nye Avenue is requested by the New Jersey Schools Development Authority to accommodate the construction of the New University High School, including new infrastructure and a redesigned layout for the school grounds. The vacated portion of Demarest Street will serve as the primary access drive for both the New University High School and the existing Hawthorne Elementary School, while approximately 110 feet of Dewey Street will remain as a driveway to provide continued access for the Kingdom Hall property.