NOTICE OF ADOPTION OF RESOLUTION SUBJECT TO PERMISSIVE REFERENDUM

Transcription

1 NOTICE OF ADOPTION OF RESOLUTION SUBJECT TO PERMISSIVE REFERENDUM NOTICE IS HEREBY GIVEN, that the Town Board of the Town of Babylon, County of Suffolk, State of New York, at a regular meeting thereof held on the 10 th d ay of J une, 201 3, duly adopted a resolution, subject to a Permissive Referendum, an abstract of which is as follows: The purpose of the resolution (the full text of which is set out below) is to authorize the sale, transfer and conveyance of certain lands which are either currently owned, or are expected to be acquired, by the Town in furtherance of the Town s plan to revitalize the downtown area of the Town in Wyandanch, commonly known and referred to as the Wyandanch Rising Project. The effect of the resolution will be that (i) the lands so affected (which are defined in the resolution as the Subject Parcels ), or any of them, will be sold, transferred and conveyed in one or more transactions by the Town to Wyandanch Rising Inc., a not-for-profit corporation and local development corporation (the LDC ) for a purchase price of $1.00 and on such other terms and conditions as the Town and the LDC determine, and (ii) a certain portion of the Subject Parcels will be sold, transferred and conveyed by the Town to The Long Island Railroad Company (the LIRR ) or its designee in exchange for certain lands located in the Town and presently owned by the LIRR which lands have been determined by apprai sal to be of comparable value (the LIRR Parcel ) and which LIRR Parcel, or portions thereof, will thereafter be sold, transferred and conveyed to the LDC in furtherance of the Wyandanch Rising Project for a purchase price of $1.00 and on such other terms and conditions as the Town and the LDC determine. RESOLUTION NO. 409 JUNE 10, 2013 AUTHORIZING THE SALE OF CERTAIN LANDS NOW OWNED OR HEREAFTER ACQUIRED BY THE TOWN OF BABYLON WHEREAS, the Town of Babylon (the Town ) is undertaking a plan to revitalize the downtown area of the Town in Wyandanch, commonly known and referred to as the Wyandanch Rising Project (the Project ); and WHEREAS, the Town has preliminarily determined that certain parcels of land presently owned by the Town and more particularly described and hereinafter defined in this resolution as the Subject Parcels are not required for use by the Town; and

2 WHEREAS, the Town has further preliminarily determined that, in furtherance of the development of the Project, one or more of the Subject Parcels should be sold, transferred and conveyed to Wyandanch Rising Inc., a not-for-profit corporation and local development corporation (the LDC ) duly formed and organized pursuant to Section 1411 of the Not for Profit Corporation Law of the State of New York (the NPCL ); and WHEREAS, the Town has further preliminarily determined that, in furtherance of the development of the Project, the Town should sell, transfer and convey all of its right, title and interest in and to that portion of the Subject Parcels consisting of a part of Suffolk County Tax Map District 100, Section 40, Block 2, Lot and (the Honda Parcel ) to The Long Island Railroad Company or its designee (the LIRR ) in exchange for certain lands located in the Town and presently owned by the LIRR (which lands have been determined by appraisal to be of comparable value to the portion(s) of the Honda Parcel to be conveyed to the LIRR) and are generally and approximately bounded on the west by County Road 2 (a/k/a Straight Path), on the north by Acorn Street and on the south by the rail lines of the LIRR (the LIRR Parcel ); and WHEREAS, the Town has further preliminarily determined that, after taking fee title to the LIRR Parcel, the Town, in furtherance of the development of the Project, should sell, transfer and convey to the LDC one or more portions of the LIRR Parcel, the same not being required for use by the Town; and WHEREAS, pursuant to Section 1411 of the NPCL, the Town Board is empowered by resolution to sell to the LDC such parcels of land not requir ed for use by the Town without

3 appraisal, public notice, (except as provided in NPCL Section 1411(d)(4)) or public bidding for such price or rental and upon such terms as may be agreed upon between the Town and the LDC; and WHEREAS, pursuant to Section 1411(d)(3)(4) of the NPCL, notice of public hearing was duly given, and a public hearing was duly held on June 10, 2013, by the Town Board with respect to the proposed sale, transfer and conveyance of one or more of the Subject Parcels and the LIRR Parcel to the LDC and all parties entitled to be heard were heard; and WHEREAS, the Town has complied with all applicable requirements, and made all required determinations, under and pursuant to the New York State Environmental Quality Review Act, and the regulations promulgated thereunder, with respect to the Project, including, without limitation, the proposed sale, transfer and conveyance of the Subject Parcels and the LIRR Parcel. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby determines that the following plots and parcels of land now owned by the Town are no longer required for use by the Town: All those tracts, pieces and parcels of land located in the Town of Babylon, Suffolk County, New York bounded generally and approximately (i) on the south by the platform and rail tracks of the LIRR, (ii) on the west by County Road 2 (a/k/a Straight Path), (iii) on the north by the intersection of County Road 2 (a/k/a Straight Path) and 9 th Street, and (iv) on the east generally by Smith Street and the property(ies) now owned, leased and/or occupied by

4 Manhattan Beer Distribution, including, but not limited to, the Honda Parcel and those tracts, pieces and parcels of land known and referred to as (1) Suffolk County Tax Map District 100, Section 40, Block 2, parts of Lots , and , and (2) Suffolk County Tax Map District 100, Section 40, Block 2, parts of Lots , and (all the foregoing being collectively referred to herein as, the Subject Parcels ); and BE IT FURTHER RESOLVED, that the Town Board hereby determines that, upon its acquisition of fee title to the same, and in furtherance of the development of the Project, the LIRR Parcel is not, and will not be, required for use by the Town; and BE IT FURTHER RESOLVED that the Town Board hereby determines that in furtherance of the Project, one or more tracts, pieces and parcels of the Subject Parcels should be sold, transferred and conveyed to the LDC as determined from time to time By the Town Supervisor; and BE IT FURTHER RESOLVED that the Town Board hereby authorizes the sale, transfer and conveyance by the Town, in one or more transactions as deemed necessary or appropriate from time to time by the Town Supervisor, of all of the Town s right, title and interest in and to the Subject Parcels, or any of them, to the LDC for a purchase price of One and NO/1OO ($1.00) Dollar and upon such other terms and conditions as the Town, acting by and through the Town Supervisor, and the LDC may agree; and BE IT FURTHER RESOLVED that the Town Board hereby authorizes the sale, transfer and conveyance by the Town of all of its right, title and interest in and such portion or

5 portions of the Honda Parcel as the Town, acting by and through the Town Supervisor, shall determine, (such portion or portions hereby being determined to be of comparable value to the LIRR Parcel) to the LIRR in exchange for the conveyance by the LIRR to the Town of all of the LIRR s right, title and interest in and to the LIRR Parcel and upon such further terms and conditions as the Town, acting by and through the Town Supervisor, and the LDC may agree; and BE IT FURTHER RESOLVED that, after taking fee title to the LIRR Parcel and in furtherance of the development of the Project, the Town Board hereby authorizes the sale, transfer and conveyance by the Town of all of its right, title and interest in and to the LIRR Parcel to the LDC, or such portion or portions thereof as the Town, acting by and through the Town Supervisor, shall from time to time determine, for a purchase price of One and NO/1OO ($1.00) Dollar and upon such other terms and conditions as the Town, acting by and through the Town Supervisor, and the LDC may agree. BE IT RESOLVED, this r esolution is subject to permissive referendum as provided in Section 64(2) of the Town Law of the State of New York and shall not take effect until thirty (30) days after the date of its adoption, nor until approved by the affirmative vote of a majority of the qualified electors of the Town thereby voting upon such proposition, if within thirty (30) days after the adoption of this Resolution, there be filed with the Town Clerk of the Town a petition subscribed and acknowledged or proved, or authenticated by electors of the Town qualified to vote upon a proposition to raise and expend money, in number equal to at least five per centum of the total vote cast for governor in said town at the last general

6 election held for the election of state officers, but which shall not be less than one hundred in a town of the first class nor less than twenty-five in a town of the second class. DATED: TOWN OF BABYLON JUNE 10, 2013 BY ORDER OF THE TOWN BOARD TOWN OF BABYLON CAROL QUIRK TOWN CLERK