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Tinton Falls council action memorializes easements with developer

TINTON FALLS — Municipal officials in Tinton Falls are taking action to move forward with the development of a 60,800-square-foot warehouse complex on Pine Brook Road.

During a meeting on Sept. 6, the members of the Borough Council passed two resolutions related to the Mid-Monmouth Tech Center warehouse complex at 1200 Pine Brook Road.

One resolution authorizes Mayor Vito Perillo to execute a deed of shade tree easement with Mid-Monmouth, LLC, the project’s developer.

The second resolution authorizes Perillo to execute a deed of drainage maintenance and access easement with Mid-Monmouth, LLC.

As noted in the deeds for both easements, the Tinton Falls Planning Board granted preliminary and final site plan approval to Mid-Monmouth, LLC, for the warehouse complex in December.

One condition of the approval, according to the easements, is that Mid-Monmouth, LLC, dedicate a shade tree easement to Tinton Falls upon, over and across a portion of the warehouse complex’s property. The easement for the planting and maintenance of shade trees will be 5 feet wide.

The installation and maintenance of shade trees in the easement area will be at the cost and expense of the borough. Mid-Monmouth, LLC, will assume no liability with the maintenance of the easement area or any shade trees in it.

However, the developer has the right to remove and replace any shade trees as necessary to permit the warehouse complex’s development, at its own cost and expense.

Another condition of the Planning Board’s approval of the project is that Mid-Monmouth, LLC, dedicate a drainage easement and access easement to Tinton Falls upon and around the detention basin being constructed by the developer for the warehouse complex.

The easement will give the borough the right to inspect the detention basin and the right, but not obligation, to maintain the detention basin if Mid-Monmouth, LLC, fails to do so.

If Mid-Monmouth, LLC, fails to properly maintain or repair any portion of the easement area or improvements, or if the storm water management facilities become a danger to public safety or public health, the borough may notify the developer in writing.

Upon receipt of the notice, the developer will have 30 days to effect maintenance and repair of the facility, which may be extended by Tinton Falls for good cause.

If Mid-Monmouth, LLC, fails to perform the maintenance and repair, Tinton Falls may proceed to do so and bill Mid-Monmouth, LLC, for the services.

Mid-Monmouth, LLC, will have the right to close any portion of both easement areas for any special purpose or activity; for maintaining, repairing or reconstructing the easement area or any utilities or drainage facilities in the easement area, according to the easement.

According to testimony from Mid-Monmouth, LLC’s, representatives before the Planning Board, the warehouse complex is being constructed on a 10-acre lot. The 60,800-square-foot project contains 54,720 square feet of warehouse space and 6,080 square feet of office space.

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