Purchase of Real Property and Dedication as Parkland
SUBJECT TO PERMISSIVE REFERENDUM
PUBLIC NOTICE is hereby given that the Town Board of the Town of Warwick, New York, on November 9, 2023, adopted a resolution, subject to a permissive referendum a copy of which is as follows:
At a meeting of the Town Board of the TOWN OFWARWICK, Orange County, New York, held at the Town Hall of said Town on the 9th day of November 2023.
Present:
Supervisor Michael P. Sweeton
Councilman James Gerstner
Councilman Floyd DeAngelo
Councilman Russel Kowal
Councilman Kevin Shuback
In the matter of The Acquisition of real property, the alienation of other Town property and the dedication the acquired property as Parkland with all proceeds being placed in a dedicated fund for Parkland Capital Improvements.
RESOLUTION OF THE TOWN BOARD OF THE TOWN OF WARWICK AUTHORIZING THE PURCHASE OF CERTAIN REAL PROPERTY OWNED BY NY HEMP SOURCE, LLC, AGREEMENT BY THE TOWN TO DEDICATE THE PURCHASED REAL PROPERTY AS TOWN PARKLANDS AND ALIENATE OTHER TOWN LANDS, AND AUTHORIZATION TO ESTABLISH ACCOUNT H34 IN THE TOWN ACCOUNTS
Motion by Supervisor Sweeton, seconded by Councilman James Gerstner as set forth below:
DETERMINED AND ORDERED:
WHEREAS, the Warwick Valley Local Development Corporation (the “LDC”) owns a certain parcel of land, Town Tax Parcel Section 46- Block1, Lot 39.21, a portion of which is described in Schedule “A” annexed hereto (the “LDC Property”) and has received a certified land appraisal reporting the value of the LDC Property to be $1,410,000.00; and
WHEREAS, The Town of Warwick (the “Town”) owns land a portion of Town Tax Parcel Section 46, Block 1, Lot 39.222 which is described in Schedule “B” annexed hereto (the “Town Property”) and has received a certified land appraisal reporting the value of the Town Property to be $400,000.00; and
WHEREAS, the LDC and Town Property is encumbered by a reverter clause set forth in a deed dated February 26, 2014, recorded in the Orange County Clerk’s Office at Liber 13726, page 986, from the New York State Urban Development Corporation (the “UDC”) to the Town of Warwick; and
WHEREAS, NY Hemp Source, LLC (the “LLC”) owns improved real property, a portion of Town Tax Parcel Section 46- Block1, Lot 35 which is described in Schedule “C” annexed hereto (the “LLC Property”) and has received a certified land appraisal reporting the value of the LLC Property to be $320,000.00; and
WHEREAS, the LDC and Town have agreed to sell the LDC Property and the Town Property to the LLC for Full Market Value (FMV) if the LLC will sell the LLC Property to the Town for replacement parkland, and the LLC has agreed to purchase the LDC Property and Town Property at that combined fair market value price on the condition that the said reverter clause be released of record as an encumbrance on the title of the LDC Property and the Town Property, and that the LLC convey title of the LLC Property to the Town as parkland; and
WHEREAS, State of New York Legislature has enacted legislation authorizing the above referenced transaction specifically, and therefore a release of the reverter clause on the conditions that the Town dedicate the sum of $1,500,000.00 as funds to be used by the Town solely for the purchase and/or capital improvements of Town parklands, and that the Town receive from the LLC the LLC Property forever dedicated as Town parkland; and
WHEREAS, the LDC shall apply for judicial approval and consent to dissolve after the aforesaid closing of sale to the LLC and turn over to the Town all of its remaining assets including cash of at least $1,500,000,00 that the Town shall dedicate and segregate as general funds to be used by the Town solely for the purchase and/or capital improvements of Town parklands.
NOW, THEREFORE, IT IS HEREBY RESOLVED THAT:
- The Town Board authorizes the Town Supervisor to execute a contract of sale with the LLC, subject to review by the attorney for the Town, for the purchase of the LLC Property forever dedicated as Town parkland, said contract being conditioned upon the LDC completing the sale of the LDC Property to the LLC on the terms and conditions set forth in this Resolution, and the LDC receiving judicial approval to dissolve and turn over to the Town at least $1,500,000.00 pursuant thereto; and
- The Town Supervisor or his designee is authorized to execute all necessary documents to effectuate the purchase of the LLC Property and the alienation of the Town Property and the LDC Property; and
- The Town Board authorizes the Town Supervisor to establish a capital fund designated as H34 in the Town’s Accounts to receive $1,500,000.00 from the LDC, to be forever designated as funds to be used by the Town solely for the purchase and/or capital improvements of Town parklands.
- This resolution is subject to a permissive referendum pursuant to Town Law Article 7.
ROLL CALL VOTE:
Names Ayes Nays Abstain Absent
| Supervisor Sweeton | X | |||
| Councilman DeAngelo | X | |||
| Councilman Kowal | X | |||
| Councilman Gerstner | X | |||
| Councilman Shuback | X | |||
| TOTAL | 5 | 0 | 0 | 0 |
Motion Carried (5 Ayes, 0 Nays) Supervisor Sweeton declared this resolution duly adopted
BE IT FURTHER DETERMINED AND ORDERED:
a) That the notice of hearing was published and posted as required by law and is otherwise sufficient.
This resolution is subject to a permissive referendum.
Motion Carried (5 Ayes, 0 Nays) Supervisor Sweeton declared this resolution duly adopted.
The aforementioned resolution shall become final unless within thirty (30) days from this publication a petition protesting the order and requesting a referendum, signed and acknowledged by at least five percent (5%) of the owners of the taxable real property or one hundred such owners, whichever is the lesser, within the proposed district shall have been filed with the Town Clerk, Town of Warwick
Dated: 11/15/2023
BY ORDER OF THE TOWN BOARD OF THE TOWN OF WARWICK
EILEEN ASTORINO, RMC/CMC
Town Clerk