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RESOLUTION OF AN “IF AND WHEN” AGREEMENT BETWEEN PASSAIC COUNTY AND KOL YESHURUN APPLICANTS/OWNERS OF 534 & 538-548 BROADWAY, CITY OF PASSAIC, 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 534 & 538-548 Broadway, City of Passaic, New Jersey (hereafter “Property”); and
WHEREAS, a Site Plan, originally dated November 16th, 2022, revised on March 27th, 2024 (“Site Plan”), prepared by Joshua H. Kline, P.E. of Stonefield Engineering & Design was submitted for approval to the Passaic County Planning Board (“County Board”), received County Board approval with conditions on May 16th, 2024 (“Site Plan Approval”), subject to certain terms and conditions set forth therein; and
WHEREAS, the Site Plan Approval, specifically requires the Applicant to enter into an “If and When” Agreement to dedicate five (5) feet of its property that extends thirty (30) feet from the roadway centerline towards the Project, at a later date when requested by the Passaic County Engineer (“County Engineer”) or the County Board, at no cost to the County; and
WHEREAS, the Board required Applicants/Owners to enter into an Agreement to ensure Applicant’s/Owner’s compliance and performance of its obligations under the conditional approval; and
WHEREAS, if and when the County requests that the Applicants/Owners dedicate five (5) feet of its property that is shown on the Site Plan, the Applicant/Owner must comply with the additional right-of-way dedication; and
WHEREAS, the site has frontage along Broadway (CR 622) in Passaic; and
WHEREAS, Broadway has a Master Plan right-of-way of sixty (60) feet; and
WHEREAS, the existing right-of-way at this location is fifty (50) feet; and
WHEREAS, there is a five (5) foot discrepancy between the current right-of-way line and the Master Plan right-of-way line along the frontage of the property; and
WHEREAS, the agreement was required by the Planning Board to allow for the County to request a right-of-way dedication at a future date; and
WHEREAS, the dedication would be provided by the property owner if and when requested by the County and at no cost to the County; and
WHEREAS, the attached agreement has been reviewed by staff and the most recent Planning Board Review Letter dated August 1, 2024 is also attached for reference.
WHEREAS, the Applicants/Owners shall confer and cooperate with the County with respect to all maintenance decisions concerning the foregoing; and
WHEREAS, this matter was discussed via email on November 21, 2024 with the Planning and Economic Development Committee and is being recommended to the Passaic County Board of County Commissioners for approval; and
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 Kol Yeshurun and the County of Passaic, as set forth above.
ZMQ December 10, 2024