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RESOLUTION OF AN “IF AND WHEN” AGREEMENT BETWEEN PASSAIC COUNTY AND HIGH MOUNTAIN ROAD LLC, APPLICANT/OWNER OF 409 HIGH MOUNTAIN ROAD, BLOCK 18, LOT 10.03, NORTH HALEDON, NEW JERSEY.
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WHEREAS, the Passaic County Department of Planning and Economic Development is in receipt of a proposed Agreement (attached hereto) relating to premises located at 409 High Mountain Road, Block 18, Lot 10.03, North Haledon, New Jersey (hereafter “Property”); and
WHEREAS, High Mount Road LLC (hereafter “Applicant/Owner”), whose address is 830 Belmont Avenue, North Haledon, New Jersey 07508, applied to the Passaic County Planning Board (hereafter “Board”) under File No. SU-23-017 for minor subdivision; and
WHEREAS, the property has frontage along High Mountain Road (CR 677) in North Haledon; and
WHEREAS, on June 18, 2024, the Board issued a conditional approval, copy attached, requiring the Applicant to satisfy several conditions, one of which is that the Applicant/Owner shall enter into an “if and when” agreement to provide a right-of-way dedication at a future date to the High Mountain Road Plan Right-of-Way (hereafter “Master Plan ROW”) line at a later date, as requested by and at no cost to the County, all as detailed more fully in the attached Agreement; and
WHEREAS, the Board required Applicant/Owner to enter into an Agreement to ensure Applicant/Owner’s compliance and performance of its obligations under the conditional approval;
WHEREAS, if and when the County requests that the Applicant/Owner dedicate the 66 foot Master Plan ROW that is shown on the present site plan prepared by Robert Weissman, P.E. & L.S., dated April 18, 2023, revised as of May 8, 2024 (hereafter “Site Plan”), the Applicant/Owner must comply with the additional right-of-way dedication of the remaining 8 feet, since there is currently a discrepancy 8 feet between the current right-of-way line 50 feet and the County Master Plan ROW 66 feet along the applicant’s property; and
WHEREAS, the Applicant/Owner shall confer and cooperate with the County with respect to all maintenance decisions concerning the foregoing; and
WHEREAS, this matter was discussed at the July 3, 2024, meeting of the Planning and Economic Development Committee and is being recommended to the Passaic County Board of County Commissioners for approval;
NOW THEREFORE, LET IT BE RESOLVED by the Passaic County Board of County Commissioners that the County Commissioner Director and Clerk of the Board be and are hereby authorized to execute the attached “If and When” Agreement by and between High Mountain Road LLC and the County of Passaic, as set forth above.
JDP July 16, 2024