Legislation Details

File #: 25-895   
Type: Resolution Status: Passed
File created: 9/4/2025 In control: Public Works
On agenda: 9/9/2025 Final action: 9/9/2025
Enactment date: 9/9/2025 Enactment #: R-25-849
Title: RESOLUTION AUTHORIZING THE COUNTY TO EXECUTE AN EASEMENT AGREEMENT WITH 60 WANAQUE AVENUE REALTY, LLC, FOR DRIVEWAY ACCESS AND PARKING WITHIN THE COUNTY RIGHT OF WAY AT 60 WANAQUE AVENUE AT THE INTERSECTION OF WANAQUE AVENUE AND GROVE STREET IN THE BOROUGH OF POMPTON LAKES, PURSUANT TO N.J.S.A. 40A:12-5
Attachments: 1. Cover Page, 2. EASEMENT AGREEMENT - 60 WANAQUE AVENUE REALTY LLC

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RESOLUTION AUTHORIZING THE COUNTY TO EXECUTE AN EASEMENT AGREEMENT WITH 60 WANAQUE AVENUE REALTY, LLC, FOR DRIVEWAY ACCESS AND PARKING WITHIN THE COUNTY RIGHT OF WAY AT 60 WANAQUE AVENUE AT THE INTERSECTION OF WANAQUE AVENUE AND GROVE STREET IN THE BOROUGH OF POMPTON LAKES, 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, the County possesses a right-of-way at 60 Wanaque Avenue at the intersection of Wanaque Avenue and Grove Street in the Borough of Pompton Lakes; and

 

WHEREAS, 60 Wanaque Avenue Realty, LLC (the “Grantee”) has obtained conditional site plan approval from the Passaic County Planning Board to construct a residential apartment building; and

 

WHEREAS, as part of the Construction Work Plan, 60 Wanaque Avenue Realty, LLC, proposes the construction of two (2) parking spaces and driveway access for use by the fee owners of 54 Wanaque Avenue in the Borough of Pompton Lakes, Block 2400, Lot 2; and

 

WHEREAS, the County desires to enter into an easement agreement (hereafter “Agreement”) with 60 Wanaque Avenue Realty, LLC, granting it an easement over, on, upon, through, and across the Parking Space Easement Area as described in the Easement Agreement, attached herein; and

 

WHEREAS, the County will grant 60 Wanaque Avenue Realty, LLC, a permanent, exclusive right-of-way over, upon and across the Easement Areas for the purposes of permitting the Grantee to construct improvements to provide egress only to Grove Street from Grantee’s property, and to construct and operate two (2) parking spaces within the Parking Space Easement Area, as described in the Easement Agreement; and

 

WHEREAS, 60 Wanaque Avenue Realty, LLC, will pay the County consideration of the sum of eight thousand two hundred dollars ($8,200.00) and other good and valuable consideration pursuant to the Agreement; and

 

WHEREAS, the Passaic County Engineer recommending that the Board authorize the execution of an easement, granting 60 Wanaque Avenue Realty, LLC, a permanent, exclusive right-of-way over, upon and across the Easement Areas for the purposes of permitting the Grantee to construct improvements to provide egress only to Grove Street from Grantee’s property, and to construct and operate two (2) parking spaces within the Parking Space Easement Area, such proposed easement attached hereto and made part hereof; and

 

WHEREAS, this matter was discussed at the August 27, 2025 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. 40A:12-5, that the Board of County Commissioners of the County of Passaic hereby authorize the execution of an Easement Agreement between the County of Passaic and 60 Wanaque Avenue Realty, LLC, granting 60 Wanaque Avenue Realty, LLC, the right to utilize a portion of the County’s right-of-way at the intersection of Wanaque Avenue and Grove Street in the Borough of Pompton Lakes.

 

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 Easement Agreement on behalf of Passaic County.

 

ZMQ                                                                                                                                                                                                                        September 9, 2025