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RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS TO ACQUIRE A TEMPORARY CONSTRUCTION EASEMENT NEEDED FOR THE 11 MARSHALL STREET REDEVELOPMENT PROJECT - PHASE II IN THE CITY OF PATERSON; RESOLUTION AUTHORIZING AN AWARD OF CONTRACT TO WADE APPRAISAL, LLC, FOR APPRAISAL WORK ASSOCIATED WITH THE 11 MARSHALL STREET REDEVELOPMENT PROJECT PHASE II, RFQ-26-034, PURSUANT TO N.J.S.A. 20:3-6 AND N.J.S.A. 40A:11-5 ET SEQ.
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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 Board of Commissioners for the County of Passaic (hereafter “Board”) is vested with decision making powers on behalf of the County; and
WHEREAS, the County is planning on undertaking a project known as the 11 Marshall Redevelopment Project - Phase II (hereafter “Project”) that requires the County obtain temporary construction easements from private parties; and
WHEREAS, the firm Wade Appraisal, LLC of Metuchen, New Jersey has completed a real property appraisal report relative to the value of the land that needs to be acquired and the value of damages associated with the acquisition of the necessary land and easements; and
WHEREAS, by the laws governing eminent domain, specifically, N.J.S.A. 20:3-6, the County was first required to attempt to obtain the necessary property acquisitions through bona fide negotiations with the affected property owners based upon the property values and damages to the remainder of the parcels involved associated with the partial fee takings as set forth in the detailed real property reports compiled on these properties; and
WHEREAS, the Office of the County Counsel reported to the Public Works Committee on the September 30, 2026 meeting that it has successfully negotiated for property interests needed from one (1) parcel owner and that it has to date been unsuccessful in securing the property interest needed from the owner of Block 4709, Lot 5 in the City of Paterson; and
WHEREAS, as required under N.J.S.A. 20:3-6 the County may proceed with condemnation proceeding if there is a rejection of the offer or failure by the property owner to accept the same with the period fixed in written offer shall in no case be less than 14 days from the mailing of the offer; and
WHEREAS, pursuant to N.J.S.A. 40A:11-5, et seq. the Purchasing Agent issued RFQ-26-034, Real Estate Appraisers (hereafter “RFQ-26-034”) seeking qualifications for a pool of qualified real estate appraisers for calendar year 2026, to be hired on an as-needed basis, to provide professional services to the County; and
WHEREAS, the County Counsel is recommending that the Board authorize an award of contract to Wade Appraisal, LLC, qualified under RFQ-26-034, to perform appraisals in relation to the two (2) property interests needed for the Project, in an amount not to exceed twelve thousand dollars ($12,000.00) pursuant to the proposals submitted to the County Counsel dated June 4, 2026 and August 28, 2026, attached hereto and submitted herewith; and
WHEREAS, funds are available in Account No. C-04-55-176-003-920, or any other account that may be deemed appropriate by the Chief Financial Officer or his designee, and the availability of funds has been contingently certified by the Chief Financial Officer subject to sufficient funds being appropriated by the Board in the 2026 and/or subsequent years’ County budget(s), which is attached to and made part of this Resolution; and
WHEREAS, this matter was discussed at the September 30, 2026 meeting of the Public Works Committee, and is being recommended to the Board for approval; and
NOW THEREFORE LET IT BE RESOLVED, pursuant to N.J.S.A.20:3-6 the Passaic County Board of Commissioners hereby authorizes the Passaic County Counsel to commence condemnation proceedings in the Superior Court of New Jersey on the temporary construction easement needed at Block 4709, Lot 5 in the City of Paterson, where the owners have failed to reach agreement on the price for their property and/or property interests needed for the 11 Marshall Redevelopment Project - Phase II in the City of Paterson.
LET IT BE FURTHER RESOLVED, pursuant to N.J.S.A. 40A:11-5 et seq. that the Board of County Commissioners of the County of Passaic hereby authorizing an award of contract to Wade Appraisal, LLC, qualified under RFQ-26-034, to perform appraisals in relation to the property interests needed for the 11 Marshall Street Redevelopment Project - Phase II with which the County seeks to commence condemnation proceedings, in an amount not to exceed twelve thousand dollars ($12,000.00).
LET IT BE FURTHER RESOLVED, that the Clerk, County Counsel and Director of the Board are authorized to execute any documentation necessary to file this condemnation action on behalf of the County of Passaic.
KJB October 13, 2026