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ORDINANCE 1998-35y ORDINANCE 98- 35 ORDINANCE AUTHORIZING VACATION OF ACCESS EASEMENT ON BLOCK 285.25, LOTS 2 AND 3 WHEREAS, Starbare IV Cherry Hill, L.L.C., a limited liability company organizing and existing under the laws of the State of New Jersey (hereinafter referred to as "Starbare "), is the owner of a certain tract of land known as Block 285.25,Lot 1 on the official tax map for the Township of Cherry Hill, said lands lying and being in the Township of Cherry Hill, County of Camden and State of New Jersey (hereinafter referred to as " Starbare's Lands "); and WHEREAS, Commerce Center Holdings, Inc. (hereinafter referred to as "Commerce ") is the owner of the lands and premises commonly known as the "Commerce Center" being designated on the Cherry Hill Tax Map as Block 285.25, Lots 2 and 3 ( "Commerce Tract "); and WHEREAS, Starbare's Lands are benefitted by and the Commerce Tract is burdened by certain Easements recorded in Camden County Deed book 3753 beginning at page 893 and ending at page 895 (the "Easements" an access easement and a pump house easement); and WHEREAS, Starbare has secured certain land use approvals from the Township of Cherry Hill Planning Board for certain improvements and construction on Starbare's Lands; and • WHEREAS, final site plan approval for Starbare's Lands was granted by the Cherry Hill Township Planning Board on March 30, 1998 as memorialized by Resolution on Application No. PBC8535- P &F -Ed, adopted on or about April 6, 1998 that required, among other conditions, that Starbare "vacate and abandon the easement recorded of record permitting access from this site [ Starbare's Lands] to Chapel Avenue," and; WHEREAS, to comply with the aforesaid condition and to preserve a possible easement right to an existing pump house, it was agreed that Cherry Hill would accept a conveyance of the aforesaid Easements as opposed to vacation of same; and NOW, THEREFORE, BE IT ORDAINED, by the Township Council of the Township of Cherry Hill, County of Camden and State of New Jersey that: SECTION 1. Vacation of Easement (a) The access easement and the pump house easement conveyed to the Township of Cherry Hill by Starbare and recorded in Camden County Deed book 3753 at pp. 893 -895 is hereby vacated. (b) This vacation shall not affect any other easement on said property, Block 285.25, Lots 2 and 3. 40 SECTION 2. If any section, paragraph, subsection, clause or provision of this Ordinance shall be • declared invalid by a court of competent jurisdiction, such decision shall not affect the validity of this ordinance as a whole or any part thereof. SECTION 3. All Ordinances or parts of ordinances of the Township of Cherry Hill heretofore adopted that are inconsistent with any of the terms and provisions of this Ordinance are hereby repealed to the extent of such inconsistency. SECTION 4. This ordinance shall take effect immediately after final passage and notice of adoption shall be published as provided by law. FIRST READING: September 28, 1998 SECOND READING: October 12, 1998 • (�- 26:�tz A C. CLOTH RMC TOWNSHIP CLERK N AMATO C . IL VICE WtSIDENT SAN BASS LEVIN, MAYOR •