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RESOLUTION AUTHORIZING THE PURCHASE OF REAL PROPERTY INTERESTS REQUIRED FOR THE OLDHAM ROAD IMPROVEMENTS PROJECT IN WAYNE TOWNSHIP, PURSUANT TO N.J.S.A. 20:3-6
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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 N.J.S.A. 20:3-6, the County is first required to obtain the necessary real property acquisition through bona fide negotiations with the prospective property owner, such negotiations shall include an offer in writing by the County to the property owner holding the title of record to the property, setting forth the property and interest therein to be acquired, the compensation offered to be paid and a reasonable disclosure of the manner in which the amount of such offered compensation has been calculated; prior to such offer the County shall appraise said property and the owner shall be given an opportunity to accompany the appraiser during inspection; and
WHEREAS, the Board retained New Jersey Realty Advisory Group to complete 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, the County has filed for condemnation to acquire various property interests necessary for the Oldham Road Improvements Project, and has acquired the necessary property interests located at 177 Oldham Road (Block 1902 Lot 104) and 745 Preakness Avenue (Block 1105 Lot 22);
WHEREAS, in lieu of a hearing conducted by impartial condemnation commissioners to determine the values of the property interests taken by the County at 177 Oldham Road and 745 Preakness Avenue, the County has settled with the below property owners:
NAME BLOCK LOT PARTIAL FEE TAKING TEMP.CONST.EASEMENT AMOUNT
B. & E. Smith 1902 104 510 square feet 976 square feet $2,085
W. Hmeid 1105 22 878 square feet 1,592 square feet $4,195
WHEREAS, the above property owners have agreed to and accepted the County’s offer for the easements needed to complete the Project; and
WHEREAS, the above figures accepted by the property owners do not include the funds already deposited into Court through the condemnation process, which said property owners are entitled to withdraw; and
WHEREAS, County Counsel is recommending that the Board approves payments to the property owners herein and authorizes the purchase the above listed easements for the Reconstruction of Oldham Road Project; and
WHEREAS, funds are available in Account No. C-04-55-182-002-906, 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 2025 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 January 29, 2025 meeting of the Public Works Committee and is being recommended to the Board for approval.
NOW, THEREFORE, LET IT BE RESOLVED, that pursuant to N.J.S.A. 20:3-6 the Passaic County Board of County Commissioners hereby authorizes of above purchases of real property interests necessary to complete the Oldham Road Improvements Project and authorizes payment to the property owner for the purchase of the above listed easements.
LET IT BE FURTHER RESOLVED, that the County Counsel is authorized and directed to draft and prepare agreements reflecting the terms and conditions, as set forth in this Resolution, and consistent with the negotiations undertaken with Property Owners.
LET IT BE FURTHER RESOLVED, that the Clerk of the Board, County Counsel, and Director of the Board of County Commissioners are hereby authorized to execute the agreements and take any other steps necessary to carry out the purpose of this Resolution.
KJB February 11, 2025