Resolution No. 310

Amending Resolution No. 268 Of July 15, 2014 By Removing Nine Parcels From The Scheduled Public Auction And Authorizing The Transfer Of Said Properties To The Town Of Wawarsing For Public Use And Benefit – Department of Finance

Resolution Information

Status: 
Adopted

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Referred to: The Laws and Rules, Governmental Services Committee (Chairman

Richard Parete and Legislators Archer, Donaldson, Roberts, and Ronk), and The

Ways and Means Committee (Chairman Gerentine and Legislators Bartels, Belfiglio,

Briggs, Maio, Maloney, Provenzano and Rodriguez)

Chairman of the Laws and Rules, Governmental Services Committee, Richard A.

Parete, and Deputy Chairman Kevin A. Roberts offer the following:

WHEREAS, this resolution has been submitted by the County Executive on

behalf of the Department of Public Works; and

WHEREAS, the County of Ulster purchased thirty-three (33) parcels of real

property and is in the process of procuring nine (9) additional parcels located in the

Town of Wawarsing, pursuant to Phase II of a grant from the New York State

Housing and Trust Fund Corporation more commonly known as The Greater Catskill

Flood Remediation Program (the “Program”), which grant was supplemented by

funding from the New York City Department of Environmental Protection, for the

same purposes articulated in Resolution No. 281 of September 10, 2008, for Phase I

of the Program; and

WHEREAS, Resolution No. 268 dated July 15, 2014 declared these parcels to

be surplus county properties and authorized the Commissioner of Finance to sell the

parcels to the highest bidder at public auction; and

WHEREAS, the Town of Wawarsing has requested the County to transfer

nine of the properties to it and intends to utilize these parcels as to extend existing

public recreational space and for drainage mitigation, which are municipal purposes

and public benefits; and

WHEREAS, Section 72-h of New York State General Municipal Law permits

the Legislature of the County of Ulster to transfer the property described herein to

another municipality, subject to approval by the Town of Wawarsing, either without

consideration or for such consideration and upon such terms and conditions as shall

be approved by the Ulster County Legislature and the Town Board of the Town of

Wawarsing; and

WHEREAS, the conditions of the grant Program require that the acquired

properties be restricted to, dedicated to, and maintained in perpetuity for use that is

compatible with open space, recreation, flood mitigation and/or wetlands

management preservation; and

- Page 2 -

Resolution No. 310 August 19, 2014

Amending Resolution No. 268 Of July 15, 2014 By Removing Nine

Parcels From The Scheduled Public Auction And Authorizing The

Transfer Of Said Properties To The Town Of Wawarsing For Public

Use And Benefit – Department of Finance

WHEREAS, in accordance with the provisions of the State Environmental

Quality Review Act, 6 NYCRR part 627 (SEQRA), this project was determined, as

set forth in Resolution No. 60 of March 20, 2012, to be an unlisted action, and

pursuant to SEQRA, a programmatic environmental assessment was completed of the

entire Program, including the ultimate resale of the acquired properties; and

WHEREAS, said review resulted in a finding and determination that the

Program would not have a significant adverse environmental impact, and further

resulted in the adoption and filing of a Negative Declaration pursuant to 6 NYCRR

Part 617.12; now, therefore, be it

RESOLVED, that the following County-owned surplus properties, which were

acquired through The Greater Catskill Flood Remediation Program, are hereby

removed from public auction:

Town of Wawarsing:

Address SBL(s)

1. 23 Smith Rd., Wawarsing 75.82-1-29

2. 33 Smith Rd., Wawarsing 75.82-1-28

3. 11 Smith Rd., Wawarsing 75.82-1-31

4. 7058 Rt. 209, Wawarsing 75.4-1-18

5. 30 Fox Hill Rd., Wawarsing 75.4-1-15

6. 10 Smith Rd., Wawarsing 75.82-1-12

7. 15 Smith Rd., Wawarsing 75.82-1-30

8. 7056 Rt. 209, Wawarsing 75.4-1-19

9. 27 Smith Rd., Wawarsing 75.82-1-26

and, be it further

- Page 3 -

Resolution No. 310 August 19, 2014

Amending Resolution No. 268 Of July 15, 2014 By Removing Nine

Parcels From The Scheduled Public Auction And Authorizing The

Transfer Of Said Properties To The Town Of Wawarsing For Public

Use And Benefit – Department of Finance

RESOLVED, that the Ulster County Legislature hereby finds and determines

that the property described herein and which is intended to be conveyed herein is

appropriate for conveyance to the Town of Wawarsing for municipal purposes; and,

be it further

RESOLVED, that such property shall be conveyed to the Town of Wawarsing

without consideration; and, be it further

RESOLVED, that the Town of Wawarsing shall not name the subject property

after any political figure; and, be it further

RESOLVED, that such properties shall be conveyed subject to the same

restrictions for use of the properties as are imposed by the Program upon the County,

with the following terms and conditions included in the deed: that the property be

restricted to, dedicated to, and maintained in perpetuity for use that is

compatible with open space, recreation, flood mitigation and/or wetlands

preservation management; and, be it further

RESOLVED, that the deed(s) to the property be prepared as follows:

PREVIOUS OWNER TOWN DEED TO

County of Ulster Wawarsing Town of Wawarsing

108 Canal Street

Ellenville, NY 12428

and, be it further

RESOLVED, that the Chairman of the Ulster County Legislature is authorized

and directed to make, execute and deliver to said party, a quitclaim deed(s)

conveying the interest of the County in said parcels, which quitclaim deed(s) shall

contain the covenant that the said County of Ulster shall in no event be or become

liable for any defects in title conveyed for any cause whatsoever, and that no claim or

demand of any nature shall ever be made against the County of Ulster arising from

such sale, conveyance or the proceedings leading thereto; and, be it further

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Resolution No. 310 August 19, 2014

Amending Resolution No. 268 Of July 15, 2014 By Removing Nine

Parcels From The Scheduled Public Auction And Authorizing The

Transfer Of Said Properties To The Town Of Wawarsing For Public

Use And Benefit – Department of Finance

RESOLVED, that the Chairman of the Ulster County Legislature is authorized

on behalf of the County to execute any agreements, amendments, and/or documents

related to the conveyances, in the forms filed with the Clerk of the Ulster County

Legislature or as modified by the County Attorney; and, be it further

RESOLVED, that such conveyance is subject to acceptance and execution by

the Town of Wawarsing of a conveyance and indemnification agreement, and further

subject to authorization by the Town Board of the Town of Wawarsing, upon the

adoption of a duly certified resolution of that body within ninety days of the date of

approval of this Resolution by the County Executive; and, be it further

RESOLVED, that failure by the Town Board of the Town of Wawarsing to

adopt such a resolution as referenced herein shall result in this resolution being

deemed null and void,

and move its adoption.

ADOPTED BY THE FOLLOWING VOTE:

AYES: 22 NOES: 0

(Absent: Legislator Fabiano)

Passed Committee: Laws and Rules, Governmental Services on August 18, 2014

Passed Committee: Ways and Means on August 19, 2014

FINANCIAL IMPACT:

NONE

- Page 5 -

Resolution No. 310 August 19, 2014

Amending Resolution No. 268 Of July 15, 2014 By Removing Nine

Parcels From The Scheduled Public Auction And Authorizing The

Transfer Of Said Properties To The Town Of Wawarsing For Public

Use And Benefit – Department of Finance

STATE OF NEW YORK

 ss:

COUNTY OF ULSTER

This is to certify that I, the undersigned Clerk of the Legislature of the County of Ulster have compared the

foregoing resolution with the original resolution now on file in the office of said clerk, and which was adopted by said

Legislature on the 19th Day of August, 2014, and that the same is a true and correct transcript of said resolution and of the

whole thereof.

IN WITNESS WHEREOF, I have hereunto set my hand and seal of the County of Ulster this 20th Day of August

in the year Two Thousand and Fourteen.

|s| Victoria A. Fabella

Victoria A. Fabella, Clerk

Ulster County Legislature

Submitted to the County Executive this Approved by the County Executive this

21st Day of August, 2014. 28th Day of August, 2014.

|s| Victoria A. Fabella |s| Michael P. Hein

Victoria A. Fabella, Clerk Michael P. Hein, County Executive

Ulster County Legislature 

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Updated: January 10, 2019