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ORDINANCE 2017-06 ORDINANCE 2017-6 AN ORDINANCE VACATING A PORTION OF EVANS LANE WHEREAS, the Township Council of the Township of Cherry Hill, County of Camden, has received a request to vacate a portion of a paper street known as Evans Lane, designated between Block 510.01, Lots 1, 2, and 3 and Block 510.02, Lot 1 on the tax maps of the Township of Cherry Hill, commonly known as 1721 Springdale Road and Springhouse Farm; and WHEREAS, the request for the vacation of said portion of Evans Lane has been referred by Township Council to the Planning Board for review pursuant to §814 of the Cherry Hill Township Zoning Ordinance, the Municipal Land Use Law, and pursuant to the provisions of revised statutes N.J.S.A. 40:67-19; and WHEREAS, the Planning Board of the Township of Cherry Hill, New Jersey held a public hearing held on December 19, 2016 regarding the request to vacate a portion of Evans Lane, as part of an application for preliminary and final site plan approval for the parcel of property located at 1721 Springdale Road. At the conclusion of the public hearing, the Planning Board granted preliminary and final site plan approval and made a recommendation to Township Council for the adoption of an appropriate ordinance to vacate a portion of Evans Lane. NOW, THEREFORE BE IT ORDAINED, by the Township Council of Cherry Hill, County of Camden, in the State of New Jersey: Section 1. That the Department of Community Development has recommended that this portion of Evans Lane be vacated based upon the following reasons: a. The road is generally unimproved and unused by the larger community or the local residents and its closure would not hinder the quality of life for the community and the immediate neighborhood; and b. Vacating the road would not hinder access to any of the rear properties; and c. The site has been operating as private property for several decades; and d. The roadway vacation will not create any variances or design waivers and that it assists with the implementation of the Master Plan; and e. The roadway is not constructed to the standards required in the New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21-4.3). Section 2. That all public rights which are specifically reserved, except utility easements, are hereby vacated in that portion of Evans Lane located between Block 510.01, Lots 1, 2, and 3 and Block 510.02, Lot 1 on the tax maps of the Township of Cherry Hill, commonly known as 1721 Springdale Road and Springhouse Farm described as follows: ALL that certain lot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in Cherry Hill Township, County of Camden and State of New Jersey, being more particularly described as follows: BEGINNING at a point at the intersection of easterly right-of-way line of Springdale Road (County Route No. 673) (said point being a perpendicular offset of 37.00 feet from the physical centerline of Springdale Road) with the northerly right-of-way line of Evans Lane; thence (1) Along the northerly right-of-way line of Evans Lane, North 86 degrees 12 minutes 36 seconds East, a distance of 770.29 feet to an angle point in same; thence (2) Still along same, South 76 degrees 07 minutes 24 seconds East, a distance of 677.14 feet to a point common to Block 510.01, Lot 3 (as shown on the official Tax Map of Cherry Hill Township); thence (3) South 20 degrees 02 minutes 36 seconds West, a distance of 33.18 feet to the southerly right-of-way line of Evans Lane; thence (4) Along the southerly right-of-way line of Evans Lane, North 76 degrees 07 minutes 24 seconds west, a distance of 671.01 feet to an angle point in same; thence (5) Still along same, South 86 degrees 12 minutes 36 seconds West, a distance of 770.85 feet to a point on the easterly right-of-way line of Springdale Road; thence (6) Along the easterly right-of-way line of Springdale Road, North 05 degrees 58 minutes 40 seconds East, a distance of 33.47 feet to the point and place of BEGINNING. CONTAINING within said described bounds is 47,705 square feet or 1 .09 acres of land, more or less. This description is in accordance with a map titled "Exhibit-ROW Vacation for a portion of Evans Lane, situated in Cherry Hill Township, Camden County, New Jersey" prepared by Suzanne E. Warren, P.L.S. of Mid-Atlantic Engineering Partners, dated July 27, 2016, last revised July 28, 2016. Section 3. Pursuant to New Jersey Statutes the portion of the vacated right-of -way shall be absorbed into the adjoining parcels as provided by law; Section 4. REPEALER. Any and all ordinances inconsistent with the provisions of this ordinance be and the same are hereby repealed to the extent of any such inconsistencies; Section 5. SEVERABILITY. In the event that any clause, section, or paragraph of this ordinance is deemed to be invalid for any reason, then it is hereby declared to be the intent of the governing body that the balance of the ordinance shall remain in full force and effect, the governing body hereby declaring that it would have adopted the remainder of the ordinance even without the offending provision; Section 6. EFFECTIVE DATE. This ordinance shall take effect twenty (20) days after its final passage and publication, as required by law. INTRODUCED: MARCH 13, 2017 ADOPTED: MARCH 27, 2017 CHARLES M. CAHN, MAYOR e/ii,etzet COUN L PRESIDENT ATTEST: ( "" ' -TT L/Y 1. ( .l NANCY L. AFFOS, R TOWNSHIP CLERK