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RESOLUTION AUTHORIZING SETTLEMENT IN LIEU OF CONDEMNATION FOR ACQUISITION OF TEMPORARY CONSTRUCTION EASEMENT NEEDED FOR THE 11 MARSHALL STREET REDEVELOPMENT PROJECT - PHASE II IN THE CITY OF PATERSON, PURSUANT TO N.J.S.A. 20:3-6.
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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, 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, 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, after initial attempts to acquire certain property interests needed for the Project, specifically, a temporary construction easement for property located at Block 4709, Lot 5 in the City of Paterson (“Property”), the Board adopted Resolution No. R-26-0948 on October 13, 2026, authorizing condemnation proceedings to acquire a temporary construction easement at the Property; and
WHEREAS, the County has since negotiated a mutually agreeable settlement with Empire Package, LLC, the owner of the Property, in the form of a Deed in Lieu of Condemnation, which is attached hereto and made a part of this Resolution, under which the County will pay twenty-five thousand dollars ($25,000.00) to Empire Package, LLC, for a temporary construction easement consisting of 241.9 square feet at the Property; and
WHEREAS, funds are available in Account No. C-04-55-194-007-920 or any 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 November 4, 2026 meeting of the Public Works Committee, and is being recommended to the Board for approval.
NOW THEREFORE LET IT BE RESOLVED, pursuant to N.J.S.A. 20:3-6, the Passaic County Board of County Commissioners hereby authorizes attached Deed in Lieu of Condemnation with Empire Package, LLC, for a temporary construction easement consisting of 241.9 square feet at Block 4709, Lot 5 in the City of Paterson, which is necessary for the County’s 11 Marshall Redevelopment Project - Phase II.
LET IT BE FURTHER RESOLVED, that the Clerk to the Board, County Counsel and Director of the Board are authorized to take any action necessary to carry out the purpose of this Resolution.
NB November 16, 2026