Category: Legal Legals
Source: Herald Marketplace
Listed: Wed Jun 4th
CITY OF NORTH WILDWOOD COUNTY OF CAPE MAY, NEW JERSEY ORDINANCE NO. 1974 AUTHORIZING THE GRANT OF A CONSERVATION RESTRICTION/EASEMENT TO THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR RECREATIONAL USE BY THE PUBLIC ON A PORTION OF BLOCK 291.01, LOT 1 AND A PORTION OF BLOCK 317.03, LOT 5 ON THE OFFICIAL TAX MAPS OF THE CITY OF NORTH WILDWOOD WHEREAS, the Grantor is the owner in fee simple of certain real property located in the City of North Wildwood, County of Cape May, New Jersey, designated as Lot 1, Block 291.01 and Lot 5, Block 317.03 on the official Tax Map of the City of North Wildwood (hereinafter the Property); and WHEREAS, the Legislature has enacted the Public Access Law, N.J.S.A. 13:1D-150-156, L. 2019, c. 81, which finds and declares that the Department of Environmental Protection has the authority and duty to protect the publics right of access to tidally flowed and formerly flowed tidal waters and their adjacent shorelines to the greatest extent practicable, and to remove physical and institutional impediments to public access to the maximum extent practicable; and WHEREAS, the Grantee has issued to Grantor Permit #0507-03-0009.4 LUP230001, (the Permit), which permits certain construction described therein, and requires among other conditions, public access to the waterfront, pursuant to the corresponding Rules on Coastal Zone Management, N.J.A.C. 7:7 et seq., as amended, specifically N.J.A.C. 7:7-16.9 - Public Access, and the public trust rights rule at N.J.A.C. 7:7-9.48; and WHEREAS, by virtue of the Propertys location directly on the Atlantic Ocean, the waterfront area of the Property possesses great scenic, aesthetic and recreational qualities for the public enjoyment; and WHEREAS, pursuant to the Public Trust doctrine, applicable case law, State statutes, and duly adopted regulations, as a condition to the Permit, Grantor must provide for public access over a portion of the Property including its waters edge, by creating and maintaining in perpetuity a walkway, as well as restrooms and parking spaces as may be applicable, reserved for use by the public (collectively the Conservation Restriction/Easement Area), as more specifically shown on the approved plan(s) entitled PLAN ACCOMPANYING: CAFRA IP AND FWW GP17A FOR RESHAPING OF SCRAPPED DUNE BETWEEN 16th and 13th AVES, prepared by Ralph Petrella, Jr., dated October 23, 2023, last revised date January 26, 2024, and more particularly described on a legal description (metes and bounds) of the Easement Area; and WHEREAS, the Grantee is authorized by N.J.S.A. 13:1D-9 to formulate comprehensive policies for the conservation of natural resources, to promote environmental protection, and prevent pollution of the environment of the State, and is authorized by N.J.S.A. 13:8B-3 to acquire and enforce conservation restrictions; and WHEREAS, the Conservation Restriction/Easement Area is free and clear of any and all easements and all claims; no portion of the Conservation Restriction/Easement Area is or shall be subordinated to any mortgage, lien, loan, financing, guarantee, or other claim, including, but not limited to, claims for unpaid taxes; the land is not subject to any foreclosure proceeding; and the Grantor is solvent and has not filed for bankruptcy; and WHEREAS, the Grantor, having the authority to do so, intends to enter into a Conservation Restriction/Easement in order to grant to the Grantee a Conservation Restriction/Easement on the Property for recreational use by the public. THEREFORE, BE IT ORDAINED by the Council of the City of North Wildwood as follows: Section One.The aforementioned recitals are incorporated herein as though fully set forth at length. Section Two.The Mayor and City Clerk, be and they hereby, are authorized to execute the Grant of Conservation Restriction/Easement attached hereto. Section Three. The Mayor, City Clerk and the Citys designated attorneys are authorized to take such actions on behalf of the City that are necessary or proper to effectuate the purpose and intent of this Ordinance. Patrick T. Rosenello, Mayor W. Scott Jett, City Clerk CITY OF NORTH WILDWOOD COUNTY OF CAPE MAY, NEW JERSEY ORDINANCE NO. 1974 AUTHORIZING THE GRANT OF A CONSERVATION RESTRICTION/EASEMENT TO THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR RECREATIONAL USE BY THE PUBLIC ON A PORTION OF BLOCK 291.01, LOT 1 AND A PORTION OF BLOCK 317.03, LOT 5 ON THE OFFICIAL TAX MAPS OF THE CITY OF NORTH WILDWOOD TAKE NOTICE that the foregoing Ordinance was introduced and passed on first reading at a regular meeting of the Mayor and Council of the City of North Wildwood, County of Cape May and State of New Jersey, on the 4th day of June, 2025. A second reading, hearing and final consideration of the above Ordinance will be held on Tuesday, the 1st day of July, 2025 at 10:00 AM in City Hall. The purpose of this Ordinance is to approve the granting of a conservation easement for a walkway under the Boardwalk and Seaport Pier near 22nd Avenue. Members of the general public who would like a copy of the Ordinance may obtain a copy, free of charge, at the office of the City Clerk in City Hall during normal business hours. CITY OF NORTH WILDWOOD W. Scott Jett, City Clerk 1 xFee=$84.04 6/11/25
Source: Herald Marketplace
Listed: Wed Jun 4th
CITY OF NORTH WILDWOOD COUNTY OF CAPE MAY, NEW JERSEY ORDINANCE NO. 1974 AUTHORIZING THE GRANT OF A CONSERVATION RESTRICTION/EASEMENT TO THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR RECREATIONAL USE BY THE PUBLIC ON A PORTION OF BLOCK 291.01, LOT 1 AND A PORTION OF BLOCK 317.03, LOT 5 ON THE OFFICIAL TAX MAPS OF THE CITY OF NORTH WILDWOOD WHEREAS, the Grantor is the owner in fee simple of certain real property located in the City of North Wildwood, County of Cape May, New Jersey, designated as Lot 1, Block 291.01 and Lot 5, Block 317.03 on the official Tax Map of the City of North Wildwood (hereinafter the Property); and WHEREAS, the Legislature has enacted the Public Access Law, N.J.S.A. 13:1D-150-156, L. 2019, c. 81, which finds and declares that the Department of Environmental Protection has the authority and duty to protect the publics right of access to tidally flowed and formerly flowed tidal waters and their adjacent shorelines to the greatest extent practicable, and to remove physical and institutional impediments to public access to the maximum extent practicable; and WHEREAS, the Grantee has issued to Grantor Permit #0507-03-0009.4 LUP230001, (the Permit), which permits certain construction described therein, and requires among other conditions, public access to the waterfront, pursuant to the corresponding Rules on Coastal Zone Management, N.J.A.C. 7:7 et seq., as amended, specifically N.J.A.C. 7:7-16.9 - Public Access, and the public trust rights rule at N.J.A.C. 7:7-9.48; and WHEREAS, by virtue of the Propertys location directly on the Atlantic Ocean, the waterfront area of the Property possesses great scenic, aesthetic and recreational qualities for the public enjoyment; and WHEREAS, pursuant to the Public Trust doctrine, applicable case law, State statutes, and duly adopted regulations, as a condition to the Permit, Grantor must provide for public access over a portion of the Property including its waters edge, by creating and maintaining in perpetuity a walkway, as well as restrooms and parking spaces as may be applicable, reserved for use by the public (collectively the Conservation Restriction/Easement Area), as more specifically shown on the approved plan(s) entitled PLAN ACCOMPANYING: CAFRA IP AND FWW GP17A FOR RESHAPING OF SCRAPPED DUNE BETWEEN 16th and 13th AVES, prepared by Ralph Petrella, Jr., dated October 23, 2023, last revised date January 26, 2024, and more particularly described on a legal description (metes and bounds) of the Easement Area; and WHEREAS, the Grantee is authorized by N.J.S.A. 13:1D-9 to formulate comprehensive policies for the conservation of natural resources, to promote environmental protection, and prevent pollution of the environment of the State, and is authorized by N.J.S.A. 13:8B-3 to acquire and enforce conservation restrictions; and WHEREAS, the Conservation Restriction/Easement Area is free and clear of any and all easements and all claims; no portion of the Conservation Restriction/Easement Area is or shall be subordinated to any mortgage, lien, loan, financing, guarantee, or other claim, including, but not limited to, claims for unpaid taxes; the land is not subject to any foreclosure proceeding; and the Grantor is solvent and has not filed for bankruptcy; and WHEREAS, the Grantor, having the authority to do so, intends to enter into a Conservation Restriction/Easement in order to grant to the Grantee a Conservation Restriction/Easement on the Property for recreational use by the public. THEREFORE, BE IT ORDAINED by the Council of the City of North Wildwood as follows: Section One.The aforementioned recitals are incorporated herein as though fully set forth at length. Section Two.The Mayor and City Clerk, be and they hereby, are authorized to execute the Grant of Conservation Restriction/Easement attached hereto. Section Three. The Mayor, City Clerk and the Citys designated attorneys are authorized to take such actions on behalf of the City that are necessary or proper to effectuate the purpose and intent of this Ordinance. Patrick T. Rosenello, Mayor W. Scott Jett, City Clerk CITY OF NORTH WILDWOOD COUNTY OF CAPE MAY, NEW JERSEY ORDINANCE NO. 1974 AUTHORIZING THE GRANT OF A CONSERVATION RESTRICTION/EASEMENT TO THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR RECREATIONAL USE BY THE PUBLIC ON A PORTION OF BLOCK 291.01, LOT 1 AND A PORTION OF BLOCK 317.03, LOT 5 ON THE OFFICIAL TAX MAPS OF THE CITY OF NORTH WILDWOOD TAKE NOTICE that the foregoing Ordinance was introduced and passed on first reading at a regular meeting of the Mayor and Council of the City of North Wildwood, County of Cape May and State of New Jersey, on the 4th day of June, 2025. A second reading, hearing and final consideration of the above Ordinance will be held on Tuesday, the 1st day of July, 2025 at 10:00 AM in City Hall. The purpose of this Ordinance is to approve the granting of a conservation easement for a walkway under the Boardwalk and Seaport Pier near 22nd Avenue. Members of the general public who would like a copy of the Ordinance may obtain a copy, free of charge, at the office of the City Clerk in City Hall during normal business hours. CITY OF NORTH WILDWOOD W. Scott Jett, City Clerk 1 xFee=$84.04 6/11/25