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RESOLUTION AUTHORIZING A PUBLIC HEARING TO CONSIDER THE RELEASE OF A RIGHT-OF-REVERTER HELD BY THE COUNTY OF PASSAIC ON PROPERTIES LOCATED AT 168-170 FAIR STREET AND 84-86 AUBURN STREET IN THE CITY OF PATERSON, PURSUANT TO N.J.S.A. 40:60-51.2
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WHEREAS, the County of Passaic (hereafter “County”) is a government body incorporated pursuant to N.J.S.A. 40:18-1, et seq. and vested with all rights contained therein; and
WHEREAS, pursuant to N.J.S.A. 40:20-1 the Passaic County Board of County Commissioners (hereafter “Board”) is vested with decision making powers on behalf of the County; and
WHEREAS, pursuant to N.J.S.A. 40A:12-21, in February of 1993, the County transferred two properties to 4th Ward Alliance, Inc., a non-profit corporation, for the purpose of operating a community center, such properties located at 168-170 Fair Street and 84-86 Auburn Street in the City of Paterson (hereafter “Properties”); and
WHEREAS, pursuant to N.J.S.A. 40A:12-21 the deed to the Properties contained a right-of-reverter, such that in the event the Properties were no longer used for the purpose of operating a community center, title to the Properties would revert back to the County; and
WHEREAS, at some point thereafter, 4th Ward Alliance, Inc., lost its non-profit status, and ceased operating a community center at the Properties; and
WHEREAS, subsequently, the Properties fell into disrepair, 4th Ward Alliance failed to pay property taxes due and payable on the Properties, and third-parties later acquired title to the Properties through tax sale foreclosure; and
WHEREAS, the owners of the Properties have reached out to the County, requesting that the County’s right-of-reverter as to the Properties be released; and
WHEREAS, because the Properties were obtained by third-parties through tax sale foreclosure, the County would be required to pay back taxes in order to exercise its right-of-reverter as to the Properties; and
WHEREAS, pursuant to N.J.S.A. 40:60-51.2, in order to release the Properties from the County’s rights-of-reverter, the County must conduct a public hearing to consider the proposal, with two public notices submitted in a newspaper circulating in the City of Paterson once per week, prior to said public hearing; and
WHEREAS, this matter was discussed at the May 8, 2024 meeting of the Public Works Committee and is being recommended to the Board for approval.
NOW, THEREFORE, LET IT BE RESOLVED, pursuant to N.J.S.A. 40:60-51.2, the Passaic County Board of County Commissioners hereby authorizes a public hearing for the release of two rights-of-reverter held by the County on the properties located at 168-170 Fair Street and 84-86 Auburn Street in the City of Paterson, to be held on June 11, 2024 at 5:15 PM.
LET IT BE FURTHER RESOLVED, the Clerk of the Board shall print, in a newspaper circulating in the City of Paterson, a notice of public hearing stating the date and time of said hearing, once per week in the two weeks prior to said public hearing.
LET IT BE FURTHER RESOLVED, that the Clerk to the Board, County Counsel, and Director of the Board of County Commissioners are authorized to take all action necessary to carry out the purposes of this Resolution.
KJB May 21, 2024