Page 3 of 24

MOTION SECONDED BY: NIXON YES: MARTIN, NIXON, UPDEGRAVE, BRESSI ABSENT: CALOGERO

MOTION TO APPROVE ORDINANCE 26-17 ON SECOND READING, ADVERTISE THE NOTICE OF PASSAGE AND APPROVAL IN AN APPROVED NEWSPAPER AS REQUIRED BY LAW BY: NIXON MOTION SECONDED BY: UPDEGRAVE YES: MARTIN, NIXON, UPDEGRAVE, BRESSI ABSENT: CALOGERO

WHEREAS, the governing body of the Township of Jackson has been requested to vacate all of the right, title and interest of the Township in the entire length of Roosevelt Street; and

WHEREAS, the governing body makes the determination that the public will not adversely be affected by the vacation of the Township’s interest in the entire length of Roosevelt Street.

NOW THEREFORE, BE IT ORDAINED by the Township Council of the Township of Jackson, County of Ocean, State of New Jersey, as follows:

SECTION 1. There is hereby vacated all of the right, title and interest of the public for all public usages and purposes in and to the entire length of Roosevelt Street, to be vacated as is set forth on Schedule A, attached hereto and made a part hereof. However, the Township does hereby expressly reserve and except from the vacation all rights and privileges now possessed by public utilities, as defined in R.S. 48:2-13, and by any cable television company, as defined in the “Cable Television Act,” P.L. 1972, c. 186, (C. 48:5A-1, et seq.), to maintain, repair and replace their existing facilities in, adjacent to, over or under the street, highway, lane, alley, square, place or park, or any part thereof, being vacated by the provisions of this ordinance.

SECTION 2. At least one (1) week prior to the time fixed for further consideration for final passage of this ordinance, a copy hereof, together with a notice stating the introduction of the ordinance on first reading and the time and place when and where the ordinance will be considered for final passage, shall be mailed to every person whose lands may be affected by the adoption of the ordinance.

SECTION 3. This ordinance shall be published at least once in an official newspaper of the Township of Jackson at least ten (10) days prior to the time fixed for consideration of the final passage of the ordinance.

SECTION 4. The Township Clerk, if this ordinance is adopted on final reading, shall submit a certified copy of this ordinance, together with proof of publication, to the Ocean County Clerk’s Office for recording in the Book of Vacations.

SECTION 5. This ordinance shall take effect after second reading and publication as required by law.

SECTION 6. A copy of Schedule A as referenced herein shall be kept on file and made available for public inspection in the Township Clerk's Office during normal business hours.

SECTION 7. MJB Land Group, LLC shall be responsible for the payment of all attorneys' fees, engineering fees, publication costs and filing fees incurred by the Township of Jackson in regard to this vacation.

Date:

NOTICE IS HEREBY GIVEN that the foregoing ordinance was introduced and passed by the Township Council on first reading at a meeting of the Township Council of the Township