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File #: 24-379   
Type: Resolution Status: Passed
File created: 4/5/2024 In control: Public Works
On agenda: 4/9/2024 Final action: 4/9/2024
Enactment date: 4/9/2024 Enactment #: R-24-336
Title: RESOLUTION AUTHORIZING THE COUNTY TO EXECUTE A TRAIL EASEMENT AGREEMENT WITH VEOLIA WATER NEW JERSEY, INC., FOR PROPERTY INTERESTS NEEDED FOR THE HIGHLANDS RAIL TRAIL, PHASE I, PURSUANT TO N.J.S.A. 40A:12-5
Attachments: 1. Cover Page, 2. Trail Easement - Highlands Rail Trail Veolia Properties B303 L1 B301.01 L1 4.4.pdf

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RESOLUTION AUTHORIZING THE COUNTY TO EXECUTE A TRAIL EASEMENT AGREEMENT WITH VEOLIA WATER NEW JERSEY, INC., FOR PROPERTY INTERESTS NEEDED FOR THE HIGHLANDS RAIL TRAIL, PHASE I, PURSUANT TO N.J.S.A. 40A:12-5

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WHEREAS, the County of Passaic (hereafter “County”) is a body politic and corporate pursuant to N.J.S.A. 40:18-1 and vested with all rights contained therein; and

 

WHEREAS, pursuant to N.J.S.A. 40:20-1 the Board of County Commissioners of the County of Passaic (hereafter “Board”) is vested with managing the property, finances, and affairs of the County; and 

 

WHEREAS, on June 12, 2018, the Board passed Resolution No. R20180475, authorizing the execution of a trail easement between the North Jersey District Water Supply Commission (hereafter “NJDWSC”) and the County, whereby NJDWSC granted the County access to certain parcels in the Borough of Wanaque for the creation of the Highlands Rail Trail, Phase I, subject to certain terms and conditions; and

 

                     WHEREAS, it has been discovered that two of the parcels needed for the Highlands Rail Trail, Phase I, namely, Block 303, Lot 1, and Block 301.01, Lot 1 on the Official Tax Map of the Borough of Wanaque are owned by Veolia Water New Jersey, Inc.; and

 

WHEREAS, Passaic County Counsel is recommending that the Board authorize the execution of a Trail Easement with Veolia Water New Jersey, Inc., such agreement attached hereto and made part hereof, in order to obtain the right to construct the Highlands Rail Trail, Phase I, over the two above-referenced parcels owned by Veolia Water New Jersey, Inc.; and

 

WHEREAS, this matter was discussed on April 4, 2024 via email by 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. 40A:12-5, that the Board of County Commissioners of the County of Passaic hereby authorize the execution of Trail Easement with Veolia Water New Jersey, Inc. as to the following parcels in the Borough of Wanaque necessary for the Highlands Rail Trail, Phase I: Block 303, Lot 1, and Block 301.01, Lot 1.

 

LET IT BE FURTHER RESOLVED, the Director of the Board of County Commissioners, Clerk of the Board and County Counsel are hereby authorized to execute a Deed of Easement on behalf of Passaic County.

 

 

 

KJB                                                                                                                                                                                                                                                    April 9, 2024