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RESOLUTION AUTHORIZING THE PRIVATE SALE OF REAL PROPERTY ADJACENT TO 269 LACKAWANNA AVENUE/287 LACKAWANNA AVENUE, WOODLAND PARK, NEW JERSEY 07424, OWNED BY THE COUNTY OF PASSAIC TO THE BOROUGH OF WOODLAND PARK; AUTHORIZING A PUBLIC HEARING; AUTHORIZING PUBLIC NOTICE REQUIREMENTS, PURSUANT TO N.J.S.A. 40A:12-13, ET SEQ.
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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, pursuant to N.J.S.A. 40A:12-13.3, the County may sell any real property by private sale, that is not needed for public use, to a municipality for consideration which may be nominal, and containing a limitation that such lands or buildings shall be used only for public purposes of the municipality, and that if said lands are not used in accordance with said limitation, title thereto shall revert to the County without any entry or reentry made thereon on behalf of the County; and
WHEREAS, the County owns real property adjacent to 269 Lackawanna Avenue/287 Lackawanna Avenue, Woodland Park, New Jersey 07424, (hereafter “Property”), that is no longer needed for public use, is less than an eighth of the minimum size required for development under the Borough of Woodland Park’s zoning ordinance, and is without capital improvement thereon, a survey of the Property attached hereto and made part hereof; and
WHEREAS, pursuant to N.J.S.A. 40A:12-13.5(1), when the County is selling any real property it must prepare a report identifying the reasons for, and all advantages and disadvantages and benefits and detriments of, the proposed sale, assessing the environmental and recreational impact of the proposed, and other requirements as set forth therein, and make it available to the public thirty (30) days prior to public hearing required pursuant to N.J.S.A. 40A: 12-13.5(2); and
WHEREAS, moreover, as set forth in N.J.S.A. 40A:12-13.5(3) the County is required to conduct two (2) public hearings at least fourteen (14) days apart and at least ninety (90) days prior to the proposed sale of real property, and further comply with the notice requirements as set forth in N.J.S.A. 40A:12-13.6 and N.J.S.A. 40A:12-13.7; and
WHEREAS, this matter was discussed on February 12, 2025 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:12-13, et seq., the Board of County Commissioners of the County of Passaic authorizes the following:
Section 1. Incorporation of Recitals.
The foregoing recitals are incorporated herein by reference.
Section 2. Property No Longer Needed for Public Use.
The property owned by the County of Passaic adjacent to 269 Lackawanna Avenue/287 Lackawanna Avenue, Woodland Park, New Jersey 07424, Block 507 Lot 22 is no longer needed for public use.
Section 3. Minimum Price for Sale of Property.
The Property shall be sold for a nominal value of $1.00.
Section 4. Preparation of Report on Property.
The County’s Director of Economic Development is hereby directed and authorized to prepare a report as required under N.J.S.A. 40A:12-13.5, which shall be posted on the County website and generally available to the public thirty (30) days prior to the public hearing as set forth in Section 5 of this Resolution.
Section 5. Public Hearings and Notice Requirements.
The Clerk of the Board is hereby authorized and directed to schedule two (2) public hearings on the sale of the County property located adjacent to 269 Lackawanna Avenue/287 Lackawanna Avenue, Woodland Park, New Jersey 07424at the following dates and times:
April 8, 2025 at 5:30 PM
April 22, 2025 at 5:30 PM
Notice of the public hearings shall be made in compliance with N.J.S.A. 40A:12-13.6 and N.J.S.A. 40A:12-13.7.
Section 6. Posting of Property to be Sold.
The Clerk of the Board is hereby authorized and directed to post a notice of the sale of the Property in the Board of County Commissioners meeting room on a bulletin board or in a conspicuous place no later than five (5) days after the approval of this Resolution.
Section 7. Severability.
All sections contained herein are severable, and in the event any of them shall be held to be invalid by any competent court, this Resolution shall be interpreted as if such invalid section or covenants were not contained herein
Section 8. Effective Date.
This Resolution shall take effect immediately.
LET IT BE FURTHER RESOLVED that the Chief Financial Officer, Clerk of the Board, County Counsel, and County Administrator are authorized to take any other steps necessary to carry out the purpose of this resolution, and carryout the private sale of the County property located adjacent to 269 Lackawanna Avenue/287 Lackawanna Avenue, Woodland Park, New Jersey 07424.
ZMQ February 25, 2025