Title
Dept/ Agency: Water and Sewer Utilities
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Right of Entry Agreement
Purpose: Right of Entry and Maintenance Agreement as it relates to the replacement of the Bi-County Bridge Cozy Lake Road over the Pequannock River Project
Entity Name: (1) County of Morris, (2) County of Passaic, and (3) New Jersey Department of Environmental Protection, Division of Parks and Forestry
Entity Address: (1) County of Morris Administration & Records Building, P.O. Box 900, 10 Court Street, Morristown, New Jersey, 07960; (2) County of Passaic, Passaic County Administration Building, 401 Grand Street, Paterson, New Jersey, 07505; and (3) New Jersey Department of Environmental Protection, Division of Parks and Forestry, 401 E. State Street, Trenton, New Jersey 08625
Contract Period: Access Agreement shall commence on the date on which all parties have duly executed the Agreement, and shall continue, for purposes of the implementation of the Project, until the Construction Activities have been completed, but in no event longer than twelve (12) months, which such timeframe may be extended by the Grantors in writing. The Maintenance Activities shall terminate when the infrastructure improvements have been removed or otherwise no longer exist.
Contract Basis: ( ) Bid ( ) State Vendor ( ) Prof. Ser. ( ) EUS
( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( X ) n/a
Location of Property: Block 569, Lot 1 and Block 567, Lot 29 on the Tax Map of the Township of Jefferson, Morris County, New Jersey and Block 15903, Lot 5 and Block 15806, Lot 1 in the Township of West Milford, Passaic County
(Address/Block/Lot/Ward)
Additional Information:
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WHEREAS, the City is the owner of certain real property known as Block 569 Lot 1 and Block 567 Lot 29 on the Tax Map of the Township of Jefferson, Morris County, New Jersey together with Block 15903, Lot 5 and Block 15806, Lot 1 in the Township of West Milford, Passaic County (hereinafter, collectively, "the Property"); and
WHEREAS, the Department of Environmental Protection, Division of Parks and Forestry (the “Department”) holds a Deed of Conservation Easement in perpetuity on Block 569, Lot 1 and Block 567, Lot 29 (recorded in Morris County Deed Book 06269, Page 236) and a Deed of Conservation Easement in perpetuity on Block 15903, Lot 5 and Block 15806, Lot 1 (recorded in Morris County Deed Book 20678, Page 13 and Passaic County Deed Book 1432, Page 102), previously granted by the City of Newark, which easements are administered by the Division of Parks and Forestry as part of Wawayanda State Park (hereinafter, collectively, "the Deeds of Conservation Easement"); and
WHEREAS, the Deeds of Conservation Easement prohibit timber harvesting except that select trees may be removed in certain circumstances including prevention of personal injury and property damage; and activities detrimental to drainage, flood control, water conservation, erosion control or soil conservation; and
WHEREAS, the Property abuts Cozy Lake Road, a public street; and
WHEREAS, Jefferson Township owns that portion of Cozy Lake Road which lies within Morris County and West Milford Township owns that portion of Cozy Lake Road which lies within Passaic County; and
WHEREAS, the bridge over the Pequannock River in Jefferson Township, Morris County and West Milford Township, Passaic County, designated as Morris County Bridge #1400-323 and Passaic County Bridge #1600-036 (hereinafter "the Bridge"), is in fair condition but is functionally obsolete due to the substandard roadway width across the structure; and
WHEREAS, Morris County and Passaic County desire to replace the Bridge with a wider structure and to widen the approach roadway on both sides of the bridge to match the bridge width (hereinafter collectively "the Project"); and
WHEREAS, Morris County and Passaic County have requested access to the Property to enable them to construct the Project; and
WHEREAS, the City and Department have agreed to grant Morris County and Passaic County access to the Property for the construction of the Project; and
WHEREAS, although the replacement of the Bridge and associated infrastructure improvements will occur within the existing right of way for Cozy Lake Road, construction of the Project necessitates the removal of five (5) trees on the Property, one of which is severely damaged, as well as the re-grading of 1,370 square feet of the Property, all outside of the road right-of-way; and
WHEREAS, Morris County and Passaic County have agreed to plant twenty-one (21) replacement trees as mitigation for the proposed tree removal; and
WHEREAS, Morris County and Passaic County have agreed to stabilize the re-graded area and plant a seed mix approved by the Department; and
WHEREAS, the City of Newark and the Department have determined that the Project, including the proposed tree mitigation and stabilization, will not have a significant permanent impact on the Property and thus, does not rise to the level of a diversion of parkland pursuant to N.J.A.C. 7:36-26 or N.J.S.A. 13:8C-1 et seq., nor the release of conservation restrictions pursuant to N.J.S.A 13:8B-1 et seq.; and
WHEREAS, upon completion of the Project and thereafter, Morris County and Passaic County will monitor and maintain any public infrastructure improvement constructed on the Property and the Bridge; and
WHEREAS, the City of Newark and the Department have also agreed to convey to Morris County and Passaic County a right of access to the Property for the sole purpose of monitoring and maintaining the public infrastructure improvements on the Property and the Bridge.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Mayor and/or his designee, the Director of the Department of Water and Sewer Utilities, is authorized to execute a Right of Entry & Maintenance Agreement by and between the Counties of Morris and Passaic, City of Newark and the NJDEP, Division of Parks and Forestry to provide the Morris County and Passaic County and its consultants and contractors with access to the Property to allow them to complete the Project, in the form attached hereto for the amount of One Dollar ($1.00).
2. A fully executed copy of said Right of Entry & Maintenance Agreement shall be filed with the Office of the City Clerk by the Director of the Department of Water and Sewer Utilities.
STATEMENT
Resolution authorizing the Mayor and/or his designee, the Director of the Department of Water and Sewer Utilities, to enter into and execute a Right of Entry and Maintenance Agreement by and between the Counties of Morris and Passaic, City of Newark and the New Jersey Department of Environmental Protection, Division of Parks and Forestry as it relates to the replacement of the Bi-County Bridge Cozy Lake Road over the Pequannock River Project, for the amount of one Dollar ($1.00).