14. Resolution No. 487

LATE - Declaring Certain County-Owned Real Property Located In The Town of Wawarsing, Acquired by the County Through the Greater Catskill Flood Remediation Program To Be Surplus Property And Authorizing The Commissioner Of Finance To Sell Said Real Property To The Highest Bidder Pursuant to Section 215 (6) Of New York State County Law

Resolution Information




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

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

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

Briggs, Gregorius, Maio, Maloney and R. Parete)

Chairman of the Ways and Means Committee, Richard A. Gerentine, and Deputy

Chairman Donald J. Gregorius offer the following:

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

behalf of the Department of Finance; and

WHEREAS, the County of Ulster is in the process of completing 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 of 2014 approved the sale of the properties

acquired through the Program at public auction in September of 2014; and

WHEREAS, the following four properties were approved for sale at the

September public auction but had not completed all phases of the Program by the

date of the public auction:

Town of Wawarsing:

Address SBL(s)

1. 7034 Rt. 209, Wawarsing 75.4-1-23.200

2. 10 Foordmore Rd., Wawarsing 75.4-4-8

3. 5 Lundy Rd., Wawarsing 75.18-1-5

4. 30 Foordmore Rd., Kerhonkson 75.4-4-16

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 o


WHEREAS, in accordance with both the provisions of the State

Environmental Quality Review Act, 6 NYCRR Part 627 (SEQRA), and the County

of Ulster’s SEQRA Type II List, Section 4.1.1, adopted by Resolution No. 118 of

April 20, 2010, the Ulster County Legislature has examined the properties list herein

and has determined the transfer of said properties is an unlisted action with no

significant impact on the environment; and

WHEREAS, the County is desirous of selling said properties with no reserve,

to the highest bidder, through a public auction or sealed competitive bid process

pursuant to Section 215 (6) of the County Law; and

WHEREAS, the Ulster County Legislature found in resolution No. 268 of

2014 the real property described herein to be surplus property, intended to be

conveyed and sold to successful bidders; and

WHEREAS, the Ways and Means Committee has met and reviewed said

request with a majority of the members voting approval; now, therefore, be it

RESOLVED, that such properties shall be conveyed to the highest qualified

bidder, requiring that they be 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 us that is compatible with open space, recreation, flood

mitigation and/or wetlands preservation management, and no structures shall be

erected thereon, and all the foregoing shall inure to the benefit of the Grantor herein

and not to the benefit of the Grantees herein and shall be binding upon the Grantee’s

heirs, assigns and successors forever;” and, be it further

RESOLVED, that the Ulster County Commissioner of Finance is hereby

authorized to conduct the auction or solicit bids, and such authorization shall include

the required notices and any other procedures in relation thereto; and, be it further

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

on behalf of the County to execute the deeds and any agreements 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 all of the County’s rights, title and interest in said real

properties shall promptly be sold to the highest bidders after public advertisement, as

provided for in Section 215 (6) of the County Law,

and move its adoption.


AYES: 23 NOES: 0

Passed Committee: Laws and Rules, Governmental Services on December 14, 2015

Passed Committee: Ways and Means on December 15, 2015






I, the undersigned Clerk of the Legislature of the County of Ulster, hereby certify that the foregoing resolution is

the original resolution adopted by the Ulster County Legislature on the 15th Day of December in the year Two Thousand

and Fifteen, and said resolution shall remain on file in the office of said clerk.

IN WITNESS WHEREOF, I have hereunto set my hand and seal of the County of Ulster this 16th Day of

December in the year Two Thousand and Fifteen.

|s| Victoria A. Fabella

Victoria A. Fabella, Clerk

Ulster County Legislature

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

16th Day of December, 2015. 22

nd Day of December, 2015.

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

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

Ulster County Legislature

Current Text: PDF


Updated: October 27, 2020