AUTHORIZATION FOR THE TOWN OF ORANGETOWN TO PURCHASE REAL PROPERTY LOCATED AT 149-157 PIERMONT AVE., (66.54-2-11) S. NYACK, NEW YORK
WHEREAS, the LIVING CHRIST CHURCH OF THE CHRISTIAN AND MISSIONARY ALLIANCE, INC. f/k/a SIMPSON MEMORIAL CHURCH, Inc. (the “Seller”) is the owner of that certain parcel of real property located in the Town of Orangetown, County of Rockland, and State of New York, containing approximately 6.5 acres, and having the Tax Map Identification Number: 66.54-2-11 (the “Property”); and
WHEREAS, the Seller desires to sell the Property to the Town of Orangetown (the “Town”) and the Town desires to purchase the Property from the Seller, for public purposes, including but not limited to, the development of unspecified Town facilities for use by the public; and
WHEREAS, the Town Board of the Town of Orangetown desires to act as Lead Agency for the purpose of completing an assessment of the potential adverse environmental impacts related to a proposed acquisition of the Property pursuant to Article 8 of the Environmental Conservation Law of the State of New York and the regulations promulgated thereto at 6 NYCRR Part 617 (collectively referred to as “SEQRA”);
NOW THEREFORE BE IT RESOLVED that the proposed acquisition of the Property constitutes an Unlisted Action as that term is defined pursuant to 6 NYCRR § 617.2(al) of the SEQRA regulations subject to an uncoordinated review conducted by the Town Board as Lead Agency pursuant to SEQRA; and be it further
RESOLVED that upon completing Parts 1, 2 and 3 of a Short Environmental Assessment Form (“EAF”) assessing the potential adverse environmental impacts of the proposed acquisition of the Property, and having thoroughly analyzed the identified areas of relevant environmental concern and comprehensively reviewed and deliberated upon the pertinent information contained in the EAF, as well as all documentation associated with the proposed acquisition, including the EAF Mapper results accompanying the EAF and the criteria set forth in 6 NYCRR § 617.7(c) of the SEQRA regulations, the Town determines that the proposed acquisition of the Property does not present a potential significant adverse environmental impact; and
RESOLVED that the Town Board therefore issues a Negative Declaration pursuant to 6 NYCRR § 617.7 of the SEQRA regulations for the proposed acquisition of the Property; and be it further
RESOLVED that the Supervisor for the Town of Orangetown (the “Supervisor”) or her designee is hereby authorized to execute an agreement to purchase the Property for $3,050,000.00 (Three Million Fifty Thousand Dollars) on the terms and conditions detailed in that certain Purchase and Sale Agreement between the Seller and Town and to execute any and all documents necessary to effectuate the purchase, transfer and acquisition of the Property from Seller; and be it further
RESOLVED that the Supervisor or her designee is hereby authorized and directed to have performed appropriate inspections of the property, and to have a title search performed by a licensed New York State title agency, and upon completion of sale, have recorded with the Rockland County Clerk the bargain and sale deed and, as necessary, any other documentation related to the purchase of the Property by the Town of Orangetown; and be it further
RESOLVED that this resolution be subject to Permissive Referendum; and be it further
RESOLVED that the Town Clerk duly advertise for the Permissive Referendum related to the purchase of the Property, as required by law; and be it further
RESOLVED that the Town Clerk of the Town of Orangetown shall cause a certified copy of this Resolution to be duly recorded in the Office of the Clerk of Rockland County within ten (10) days of the adoption of this Resolution.
Councilperson Jerry Bottari offered the above resolution, which was seconded by Councilperson Brian Donohue and was Adopted:
Motion: 5 – 0
Ayes: Councilperson Paul Valentine, Councilperson Jerry Bottari, Councilperson Brian Donohue, Councilperson Dan Sullivan, Supervisor Teresa M. Kenny
Noes: None