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Legal Notice - NOTICE OF ADOPTION OF RESOLUTION SUBJECT TO PERMISSIVE REFERENDUM

                                                                        PUBLIC NOTICE
                                                                     TOWN OF AMENIA


                                                       NOTICE OF ADOPTION OF RESOLUTION
                                                        SUBJECT TO PERMISSIVE REFERENDUM

Notice is hereby given that the Town Board of the Town of Amenia, Dutchess County, New York, at a regular meeting thereof, held on February 5, 2026, duly adopted the following resolution, subject to Permissive Referendum:

                                                               RESOLUTION NO. 29 of 2026

RE: AUTHORIZING THE TOWN SUPERVISOR TO EXECUTE A CONTRACT FOR THE SALE OF A PARCEL OF PROPERTY LOCATED ON DEPOT HILL ROAD, IDENTIFIED AS TAX GRID NUMBER 13200-7167-14-297367, TO HABITAT FOR HUMANITY OF DUTCHESS COUNTY SUBJECT TO PERMISSIVE REFERENDUM

WHEREAS, the Town of Amenia is the owner of a .71 acre parcel of land located on Depot Hill Road, more particularly identified as tax grid number 13200-7167-14-297367; and
WHEREAS, Habitat for Humanity of Dutchess County has proposed to purchase an approximate .57 acre portion of said property to be subdivided by the Town of Amenia for the purchase price of $30,000.00; and
WHEREAS, the proposed contract of sale will contain certain covenants and restrictions and a reversionary clause, in relevant part, guaranteeing that the property will be utilized in the future solely for the purpose of construction and sale and/or lease of workforce housing units in accordance with the requirements of Habitat for Humanity; and
WHEREAS, the Attorney to the Town has advised the Board that the sales price for the property may be less than the fair market value of the property if sold upon the open market, but the Office of the Attorney General of the State of New York has issued several opinions advising that the sale of property owned by the Town having no current or contemplated future use for municipal purposes may be sold to a not-for-profit corporation such as Habitat for Humanity to provide needed low income or workforce housing and would not be a violation of Article IX of the New York State Constitution; and
WHEREAS, the Attorney to the Town has prepared a Contract of Sale which has been reviewed by Habitat for Humanity and accepted by their attorney and Board of Directors.
NOW, THEREFORE, BE IT RESOLVED, that:
1. The recitations set forth above are incorporated in this Resolution as if fully set forth and adopted herein.
2. The Town Supervisor is hereby authorized to enter into a Contract of Sale for the 
subject property on the conditions of the Contract provided to the Town and to execute such other and further documents that may be necessary to consummate the said sale.
3. This Resolution is subject to a permissive referendum as required by Town Law § 64(2).
Motion made by C/Hamm

Seconded by C/Dietrich

The foregoing resolution was voted upon with all councilmembers voting as follows: 

Supervisor Hamm                       Aye 
Councilmember Ahearn              Aye 
Councilmember Doyle                Aye 
Councilmember Dietrich             Aye 

 


Dated: Amenia, New York
February 5, 2026
                       

 ______________________________________
 DAWN MARIE KLINGNER, TOWN CLERK