File #: 21-0936    Version: 1 Name: Vacation of a Portion of Bay Avenue
Type: Ordinance Status: Adopted
File created: 6/25/2021 In control: Engineering
On agenda: 9/1/2021 Final action: 9/15/2021
Title: AN ORDINANCE PROVIDING FOR THE VACATION OF A PORTION OF BAY AVENUE; PURSUANT TO N.J.S.A. 40:67-1 ET. SEQ. (EAST WARD)
Sponsors: Council of the Whole
Title
AN ORDINANCE PROVIDING FOR THE VACATION OF A PORTION OF BAY AVENUE; PURSUANT TO N.J.S.A. 40:67-1 ET. SEQ. (EAST WARD)

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WHEREAS, said portion of Bay Avenue is a public street right of way in the City of Newark (the "City"), as more particularly set forth in the metes and bounds description attached hereto as Exhibit "A" and made a part of this ordinance, which has not been in use as a public street for a number of years; and

WHEREAS, the Governing Body does hereby determine that the aforementioned portion of Bay Avenue, as set forth in Exhibit "A", is no longer needed for public purposes; and

WHEREAS, pursuant to the permanent closing and termination of ingress and egress beneath the railroad underpass at Bay Avenue by Conrail and the request of the property owner located at 78-90 Wheeler Point Road, Block 5088 Lots 34 and 38, on the Official Tax Map of the City of Newark, attached as Exhibit "B", the City wishes to vacate aforementioned portion of Bay Avenue, as more particularly set forth in the metes and bounds description attached hereto as Exhibit "A" and made a part thereof; and

WHEREAS, the matter has been referred to the Governing Body and its appropriate professionals, who has recommended that the City proceed with the vacation since the aforementioned portion of Bay Avenue, as set forth in Exhibit "A", is not needed by the City for public purposes; and

WHEREAS, by operation of law, the vacated portion of Bay Avenue, as more particularly set forth in the metes and bounds description attached hereto as Exhibit "A", shall be conveyed to the owner of the adjoining property for nominal consideration, said property being designated as 78-90 Wheeler Point Road, Block 5088 Lots 34 and 38, on the Official Tax Map of the City of Newark; and

WHEREAS, N.J.S.A. 40:67-1, et seq. authorizes the Municipal Council of the City of Newark to vacate any public street, highway, lane or ally; and

WHEREAS, N.J...

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