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RESOLUTION AUTHORIZING THE SETTLEMENT OF DISPUTES RELATED TO PROPERTY INTERESTS ACQUIRED 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 382 Oldham Road (Block 2000 Lot 5) and 83 Oldham Road (Block 1902 Lot 113); and
WHEREAS, in lieu of holding a hearing of independent condemnation commissioners to determine the value of the property interests acquired by the County through eminent domain, County Counsel has negotiated a proposed settlement with the below property owners at the following terms:
NAME BLOCK LOT PARTIAL FEE TAKING TEMP.CONST.EASEMENT AMOUNT
S. Ali 2000 5 762 square feet 2,486 square feet $6,100.00
I. Obratsov 1902 113 850 square feet 1,022 square feet $2,200.00
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 approve settlement of the dispute with the above-mentioned property owners affected by the Oldham Road Improvements 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 October 15, 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 authorize the settlements with the property owners of 382 Oldham Road and 83 Oldham Road in the Township of Wayne, in accordance with the above-described terms.
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 October 28, 2025