Red Hook WatchIndependent Community Resource

Resolution Regarding Offer of Cession for Public Access Easements for Tradition at Red Hook

Expiredformal_resolutionongoingAuthorizes acceptance of the developer's irrevocable offer to dedicate public access easements for recreational amenities within the Tradition at Red Hook development project, subject to specified conditions.
First seen
2021-10-12
Latest event
2021-10-12
adopted
Expires
2021-12-31

Resolution text

RESOLVED

  1. Acceptance of the Irrevocable Offer described above is authorized upon completion of the following conditions; provided that the Town reserves the right to determine whether to accept said easements described in the Irrevocable Offer in its sole discretion upon completion thereof: (a) Delivery of the hold harmless agreement and evidence of the current general liability insurance policy in form satisfactory to the Attorney for the Town; (b) Delivery of a policy of title insurance, or commitment therefor with policy to be delivered at the time of acceptance, with respect to the interest of the Town in the proposed conveyances, subject to only such exceptions as shall be approved by the Attorney for the Town and as shall be consistent with the terms hereof; (c) Receipt by the Town of payment for any and all outstanding consultant invoices included estimated costs, bringing the escrow account for development review costs fully up to date; (d) Final executed forms of the documents referred to above with an undertaking for proper recording thereof approved by the Attorney for the Town
  2. The Supervisor, Town Engineer, and Attorney for the Town may take all steps reasonable and necessary in consultation with the Attorney for the Town to implement the intent of this resolution.
Show preamble — 11 WHEREAS clauses
  • WHEREAS, the Town of Red Hook Planning Board adopted a resolution on August 15, 2016, entitled, "Resolution Granting Site Plan Approval to Hoffman Property Traditional Neighborhood Development" and a resolution on August 15, 2016, entitled "Resolution Granting Approval to Final Subdivision Plan and Incentive Zoning for Hoffman Property Traditional Neighborhood Development Subdivision," for a 102-lot residential community development project known as the "Hoffman Property" (the "Hoffman TND Project"), which gave permission to file the subdivision plat in sections, and required that the section plats be filed in numerical order, and which resolutions were duly filed in the office of the Town Clerk on August 16, 2016
  • WHEREAS, Red Hook Acres, LLC, as part of its development plan for the Hoffman TND Project, offered to dedicate a certain parcel or parcels of land within the project for recreation purposes, as shown on a drawing set prepared by LRC Group, Project Engineers, entitled "Final Site Plan and Overall Subdivision Plan Set for Hoffman Property," last revised on August 15, 2018, and as provided in the proposed subdivision for the for the 102 lot residential community and Lot 103 on drawings prepared by LRC Group, Project Engineers, entitled "Hoffman Property Final Subdivision Plat" last revised on August 15, 2018, including the "Hoffman Subdivision Section Plat #1," last revised on August 15, 2018
  • WHEREAS, the Hoffman TND Project is now referred to as "Tradition at Red Hook," which still contemplates the development of a 102-lot residential community with accompanying common areas (the "Project")
  • WHEREAS, the Town of Red Hook Planning Board adopted two Resolutions on April 1, 2019, entitled, respectively, "Resolution Granting Amended Site Plan Approval to Tradition of Red Hook (Formerly Hoffman TND)," (hereinafter referred to as "Amended Site Plan Approval Resolution") and "Resolution Granting Approval to the Amended Final Subdivision Plat for Tradition at Red Hook (Formerly Hoffman TND)," (hereinafter referred to as "Amended Subdivision Approval Resolution" and together with the Amended Site Plan Approval Resolution, the "2019 Approval Resolutions"), which Amended Subdivision Approval Resolution gave permission to file the Subdivision Plat in Sections, and required that the Section Plats be filed in numerical order; both of which 2019 Approval Resolutions were duly filed in the office of the Town Clerk on April 2, 2019
  • WHEREAS, pursuant to the 2019 Approval Resolutions, 25 Old Farm Road Development, LLC (the "Owner") has been granted conditional final approval by the Town of Red Hook Planning Board for the Project
  • WHEREAS, the Owner, as part of its development plan for the Project, has now voluntarily offered to dedicate to the Town one or more public access easements ("Public Access Easements") with respect to a portion of the recreational amenities located on certain parcel or parcels of land within the Project, as shown on a drawing set prepared by LRC Group, Project Engineers, entitled "Site Plan Submission Set for Tradition at Red Hook," last revised on May 7, 2019, and including an overall lot layout plan last revised May 7, 2019, and as provided in the proposed subdivision for the 102-lot residential community on drawings prepared by LRC Group, Project Engineers, entitled "Hoffman Property Final Subdivision Plat," last revised on May 7, 2019 ("Overall Subdivision Plat"), and the "Tradition at Red Hook, Final Subdivision Plat, Section Plat #4," last revised on May 25, 2021 ("Section 4 Plat") and the "Tradition at Red Hook, Final Subdivision Plat, Section Plat #5," last revised on May 25, 2021 ("Section 5 Plat")
  • WHEREAS, the Owner has submitted for approval an Irrevocable Offer of Cession for the Public Access Easements with respect to certain portions of the recreational improvements identified in the Amenities Plan on file with the Town Clerk, including North-South Trail (portion in Section 4 Plat), North-South Trail (portion in section 6 Plat), Passive Open Space Parcel D (Main Square) (in section 1 Plat), Passive Open Space Parcel B (Triangle) (in section 4 Plat), and Multi-purpose Field and Southeast Trail (in section 7 Plat), with an undertaking to complete the execution and delivery of such Irrevocable Offer of Cession by December 31, 2021
  • WHEREAS, the Owner has submitted a reference copy of said Amenities Plan
  • WHEREAS, the Owner has submitted a memorandum of terms and conditions for the public access easement proposed to be offered pursuant to the Irrevocable Offer of Cession, which form of public access easement is to be attached to the final form of Irrevocable Offer of Cession
  • WHEREAS, the Owner has acknowledged that the recreational improvements described are to be completed during the plat section stage described in the recreational features by section plan approved by PB and as such will be included within the performance bond amounts and inspection fee escrows to be provided in connection with the filing of the related plat section
  • WHEREAS, the acceptance of the Irrevocable Offer described above is in the best interests of the Town subject to the conditions set forth herein

Lifecycle (1 event)

2021-10-12adoptedvote: unanimous
Accept the offer of cession for public access easements for Tradition at Red Hook project.
moved by McKeon · seconded by Hamel
Show text snapshot for this event
Resolved
  1. Acceptance of the Irrevocable Offer described above is authorized upon completion of the following conditions; provided that the Town reserves the right to determine whether to accept said easements described in the Irrevocable Offer in its sole discretion upon completion thereof: (a) Delivery of the hold harmless agreement and evidence of the current general liability insurance policy in form satisfactory to the Attorney for the Town; (b) Delivery of a policy of title insurance, or commitment therefor with policy to be delivered at the time of acceptance, with respect to the interest of the Town in the proposed conveyances, subject to only such exceptions as shall be approved by the Attorney for the Town and as shall be consistent with the terms hereof; (c) Receipt by the Town of payment for any and all outstanding consultant invoices included estimated costs, bringing the escrow account for development review costs fully up to date; (d) Final executed forms of the documents referred to above with an undertaking for proper recording thereof approved by the Attorney for the Town
  2. The Supervisor, Town Engineer, and Attorney for the Town may take all steps reasonable and necessary in consultation with the Attorney for the Town to implement the intent of this resolution.
Whereas
  • WHEREAS, the Town of Red Hook Planning Board adopted a resolution on August 15, 2016, entitled, "Resolution Granting Site Plan Approval to Hoffman Property Traditional Neighborhood Development" and a resolution on August 15, 2016, entitled "Resolution Granting Approval to Final Subdivision Plan and Incentive Zoning for Hoffman Property Traditional Neighborhood Development Subdivision," for a 102-lot residential community development project known as the "Hoffman Property" (the "Hoffman TND Project"), which gave permission to file the subdivision plat in sections, and required that the section plats be filed in numerical order, and which resolutions were duly filed in the office of the Town Clerk on August 16, 2016
  • WHEREAS, Red Hook Acres, LLC, as part of its development plan for the Hoffman TND Project, offered to dedicate a certain parcel or parcels of land within the project for recreation purposes, as shown on a drawing set prepared by LRC Group, Project Engineers, entitled "Final Site Plan and Overall Subdivision Plan Set for Hoffman Property," last revised on August 15, 2018, and as provided in the proposed subdivision for the for the 102 lot residential community and Lot 103 on drawings prepared by LRC Group, Project Engineers, entitled "Hoffman Property Final Subdivision Plat" last revised on August 15, 2018, including the "Hoffman Subdivision Section Plat #1," last revised on August 15, 2018
  • WHEREAS, the Hoffman TND Project is now referred to as "Tradition at Red Hook," which still contemplates the development of a 102-lot residential community with accompanying common areas (the "Project")
  • WHEREAS, the Town of Red Hook Planning Board adopted two Resolutions on April 1, 2019, entitled, respectively, "Resolution Granting Amended Site Plan Approval to Tradition of Red Hook (Formerly Hoffman TND)," (hereinafter referred to as "Amended Site Plan Approval Resolution") and "Resolution Granting Approval to the Amended Final Subdivision Plat for Tradition at Red Hook (Formerly Hoffman TND)," (hereinafter referred to as "Amended Subdivision Approval Resolution" and together with the Amended Site Plan Approval Resolution, the "2019 Approval Resolutions"), which Amended Subdivision Approval Resolution gave permission to file the Subdivision Plat in Sections, and required that the Section Plats be filed in numerical order; both of which 2019 Approval Resolutions were duly filed in the office of the Town Clerk on April 2, 2019
  • WHEREAS, pursuant to the 2019 Approval Resolutions, 25 Old Farm Road Development, LLC (the "Owner") has been granted conditional final approval by the Town of Red Hook Planning Board for the Project
  • WHEREAS, the Owner, as part of its development plan for the Project, has now voluntarily offered to dedicate to the Town one or more public access easements ("Public Access Easements") with respect to a portion of the recreational amenities located on certain parcel or parcels of land within the Project, as shown on a drawing set prepared by LRC Group, Project Engineers, entitled "Site Plan Submission Set for Tradition at Red Hook," last revised on May 7, 2019, and including an overall lot layout plan last revised May 7, 2019, and as provided in the proposed subdivision for the 102-lot residential community on drawings prepared by LRC Group, Project Engineers, entitled "Hoffman Property Final Subdivision Plat," last revised on May 7, 2019 ("Overall Subdivision Plat"), and the "Tradition at Red Hook, Final Subdivision Plat, Section Plat #4," last revised on May 25, 2021 ("Section 4 Plat") and the "Tradition at Red Hook, Final Subdivision Plat, Section Plat #5," last revised on May 25, 2021 ("Section 5 Plat")
  • WHEREAS, the Owner has submitted for approval an Irrevocable Offer of Cession for the Public Access Easements with respect to certain portions of the recreational improvements identified in the Amenities Plan on file with the Town Clerk, including North-South Trail (portion in Section 4 Plat), North-South Trail (portion in section 6 Plat), Passive Open Space Parcel D (Main Square) (in section 1 Plat), Passive Open Space Parcel B (Triangle) (in section 4 Plat), and Multi-purpose Field and Southeast Trail (in section 7 Plat), with an undertaking to complete the execution and delivery of such Irrevocable Offer of Cession by December 31, 2021
  • WHEREAS, the Owner has submitted a reference copy of said Amenities Plan
  • WHEREAS, the Owner has submitted a memorandum of terms and conditions for the public access easement proposed to be offered pursuant to the Irrevocable Offer of Cession, which form of public access easement is to be attached to the final form of Irrevocable Offer of Cession
  • WHEREAS, the Owner has acknowledged that the recreational improvements described are to be completed during the plat section stage described in the recreational features by section plan approved by PB and as such will be included within the performance bond amounts and inspection fee escrows to be provided in connection with the filing of the related plat section
  • WHEREAS, the acceptance of the Irrevocable Offer described above is in the best interests of the Town subject to the conditions set forth herein
Subject key: tradition_at_red_hook_public_access_easement