CITY OF NORTH WILDWOOD
COUNTY OF CAPE MAY, NEW JERSEY
ORDINANCE NO. 1998
AN ORDINANCE AUTHORIZING THE GRANT OF A HANDICAP RAMP ENCROACHMENT EASEMENT FOR VA L UABLE CONSIDERATION TO 2507 DELAWARE, LLC
WHEREAS, within its municipal boundaries, the City of North Wildwood maintains certain rights-of-way including the rights-of-way along Delaware Avenue near its intersection with 26th Avenue; and
WHEREAS, 2507 Delaware, LLC owns certain real property in the City of North Wildwood that is contiguous to Delaware Avenue near its intersection with 26th Avenue and that real property is shown on the North Wildwood Tax Map as Lot 1 in Block 133 (the “Property”); and
WHEREAS, the Local Lands and Buildings Law, at N.J.S.A. 40A:12-13b, authorizes the sale of municipally owned real property not needed for public use to a contiguous property owner; and
WHEREAS, the Local Lands and Buildings Law, at N.J.S.A. 40A:12-2 states:
“Real property” shall include, in additional to the usual connotations thereof, development rights or easements, or any right, interest or estate in the area extending above any real property, or capital improvement thereon, to such a height or altitude as any title, interest or estate in real property may extend, commonly known as “air rights;”
WHEREAS, the governing body of the City of North Wildwood is of the opinion that the City’s right-of-way interests over, on and under Delaware Avenue falls within the expansive definition of “real property” that is found in the Local Lands and Buildings Law; and
WHEREAS, the Local Lands and Buildings Law, at N.J.S.A. 40A:12-2, indicates that a “‘sale’ shall include the conveyance of any… easement… on any real property, capital improvement or personal property of the… municipality…;” and
WHEREAS, 2507 Delaware, LLC has requested the grant of an easement for an existing handicap ramp; and
WHEREAS, the proposed easement area, as requested by 2507 Delaware, LLC affects portion of the subject right-of-way that is not actively used or needed by the City of North Wildwood and the grant of the requested easement will not render any portion of existing sidewalks to be non-compliant with existing A.D.A. standards; and
WHEREAS, fair consideration of the subject easement is deemed to be not less than $1.00.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of North Wildwood in the County of Cape May and State of New Jersey as follows:
Section 1. The Mayor and City Clerk be and they thereby are authorized to execute an encroachment easement to 2507 Delaware, LLC as Grantee, under the terms of which said Grantee will be permitted to maintain the existing handicap access ramp that encroaches upon a portion of the North Wildwood Delaware Avenue right-of-way as depicted on the Plan of Survey, dated February 17, 2017, prepared by Stephen C. Martinelli, N.J.P.L.S., annexed hereto as Exhibit “A.”
Section 2. The area to be burdened by the encroachment easement is 1.5 ft. in width and is graphically depicted on the Plan of Survey annexed hereto as Exhibit “A.”
Section 3. Within five days of the adoption of this Ordinance, the City Clerk shall cause a copy thereof to be posted on the municipal bulletin board found in City Hall and, within those same five days, shall cause a copy to be published in a newspaper circulating within the City of North Wildwood.
Section 4. Offers from any prospective purchaser, real estate broker or other persons for the easement area shall be received by the City Clerk of City of North Wildwood for a period of 20 days next following the date of publication of this Ordinance after adoption on second reading at not less than the fair value of the easement as set forth in this Ordinance and the City Clerk immediately shall transmit any such offers to City Council whereupon City Council may reconsider this Ordinance, not later than 30 days after its enactment, and advertise the easement for public sale pursuant to the provisions of N.J.S.A. 40A:12-13a.
Section 5. The City Clerk shall file a sworn affidavit with the Director of the Division of Local Government Affairs in the Department of Community Affairs verifying the publications and posting required by this Ordinance and by N.J.S.A. 40A:12-13.
Section 6. The City Solicitor, City Administrator, Chief Financial Officer and such other municipal officials as are necessary and proper be and they hereby are authorized to prepare such documents, including the subject easement, for recordation in the Office of the Cape May County Clerk, as are necessary to effectuate the purpose and intent of this Ordinance.
Section 7. If any portion of this Ordinance is determined to be invalid by a court of competent jurisdiction, that determination shall have no effect upon the remainder of this Ordinance, which shall remain valid and operable.
Section 8. All Ordinances or parts of Ordinances inconsistent with this Ordinance, to the extent of such inconsistencies only, be and the same hereby are repealed.
Section 9. This Ordinance shall take effect immediately upon final passage and publication as provided by law.
Salvatore Zampirri, Mayor
W. Scott Jett, City Clerk
CITY OF NORTH WILDWOOD
COUNTY OF CAPE MAY, NEW JERSEY
ORDINANCE NO. 1998
AN ORDINANCE AUTHORIZING THE GRANT OF A HANDICAP RAMP ENCROACHMENT EASEMENT FOR VALUABLE CONSIDERATION TO 2507 DELAWARE, LLC
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 17th day of February, 2026. A second reading, hearing and final consideration of the above Ordinance will be held on the 17th day of March, 2026 at 5:00 PM in City Hall. The purpose of this Ordinance is to authorize the granting of an easement of a handicap ramp at 2507 Delaware Ave in the City of North Wildwood. 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