March 11, 2008
RESOLUTION AMENDING DEED RESTRICTION – SHERYLEE RUBIN – BLOCK 200,
LOT 26.02 – 55 MILLER AVENUE/193 A&B WINSLOW AVENUE
WHEREAS, in 1995 by resolution, the Franklin Township Council imposed as a
condition on the conveyance of property known as Block 200, Lots 26.02 that “no dwelling or
similar structure shall be erected on the described premises unless said premises are combined
with adjoining premises to form a parcel conforming with the area and yard requirements of
the Development Ordinance. This covenant shall run with the land and be binding upon the
grantee, his/her heirs, executors, administrators and assigns.”; and
WHEREAS, application has been made by Sherylee Rubin, current owner for an
amendment to the deed restriction based upon the following:
1. In 2005, the lot was the subject of a subdivision (lot line adjustment) that rendered the lot
conforming and a conforming two-family house was then constructed upon the lot;
2. In 2006, the Township Council vacated a portion of Winslow Avenue (Ordinance No.
3598) and said vacation caused the subject lot to be in technical violation of the deed
restriction in that the minimum frontage requirement is 100 feet and the frontage after
the vacation is 91.79 feet.
3. If the deed restriction were not amended, there would be future title issues with the
property being in violation of the deed restriction.
4. It is the recommendation by the Township Planner and Zoning Officer that the deed
restriction be amended to allow for the 91.79 feet of frontage on Winslow Avenue.
WHEREAS, pursuant to N.J.S.A. 40:60-51.2, “Any municipality is authorized and
empowered, by resolution of the governing body thereof, to waive, release, modify or
subordinate any terms, covenants, conditions, limitations or reverters imposed in sales and
conveyances of lands as to the erection, alteration or demolition of buildings or any other use to
be made of land heretofore imposed by said municipality to accomplish the purposes for which
such lands were sold and conveyed either at public or private sale made prior to January 1,
1990, but only after public hearing held before such governing body, of the holding of which
notice describing the lands in question, and the terms, covenants, conditions, limitations or
reverters to be waived, released, modified or subordinated, and, if to be modified or
subordinated, describing the manner in which the same shall be modified or subordinated,
shall first have been given by advertisement published once each week for two weeks in a
newspaper published in said municipality or, if no newspaper be published therein, then in a
newspaper circulating in such municipality, provided, however, that the power herein granted
shall not be exercised to impair any vested or contractual rights of third parties.”
March 11, 2008
WHEREAS, notice in accordance with N.J.S.A. 40:60-51.1 has been duly given; and
WHEREAS, the Township Council held a public hearing on March 11, 2008 and no
person appeared in opposition thereto;
NOW, THEREFORE, BE IT RESOLVED, on this 11th day of March, 2008 by the
Township Council of the Township of Franklin, County of Somerset, State of New Jersey that
the Mayor and Clerk be and the same are hereby authorized and directed to execute a deed
with the amended deed restriction allowing for the 91.79 feet of frontage on Winslow Avenue
for the aforesaid premises from the provisions of said covenant.
I, Ann Marie McCarthy, Clerk of the Township of Franklin, in the County of Somerset,
do hereby certify that the foregoing is a true and correct copy of a resolution duly adopted by
the Township Council at a regular meeting held on the 11th day of March 2008.
IN WITNESS WHEREOF I have hereunto set my hand and affixed the seal of said
Township this 12th day of March 2008.
Ann Marie McCarthy