Referred to: The Public Works and Capital Projects Committee (Chairman Fabiano

and Legislators Archer, Greene, Loughran, and Roberts)

Legislator Tracey A. Bartels offers the following:

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

behalf of the Department of Public Works; and

WHEREAS, Resolution No. 382, dated October 21, 2014, authorized

abandoning portions of the old Albany Post Road (now named Grist Mill Lane and

Tinkers Lane) to the adjacent property owner, Tuthilltown Holdings, LLC,

authorized the removal of major portions of the old Albany Post Road from the

County Road System so that those portions would be maintained by the Town of

Gardiner, and authorized the Chairman to sign any necessary agreements, deeds and

other documents as may be required to effectuate the terms of Resolution No. 382,

dated October 21, 2014; and

WHEREAS, on November 3, 2014, Tuthilltown Holdings, LLC underwent a

corporate restructuring in which it was renamed Tuthilltown Properties, LLC; and

WHEREAS, Tuthilltown Properties, LLC has provided updated maps of

Parcels C, D, and E, and updated parcel descriptions for Parcels C, D, and E; and

WHEREAS, the updated maps of Parcels C, D, and E, and the updated parcel

descriptions for Parcels C, D, and E have been filed with the Clerk of the Legislature;

and

WHEREAS, the Agreement with the Town of Gardiner, which referenced,

where applicable, Tuthilltown Holdings, LLC, providing 1) for removal of such

portion of the old Albany Post Road from the County Road System, and 2) that all

future maintenance of the old Albany Post Road shall be the full responsibility of the

Town of Gardiner has been revised to reference, where applicable, Tuthilltown

Properties, LLC and filed with the Clerk of the Ulster County Legislature; and

WHEREAS, Resolution No. 382, dated October 21, 2014, is being amended

only to the extent that the portions of Old Albany Post are being abandoned to

Tuthilltown Properties, LLC, and all references to Tuthilltown Holdings, LLC shall

now be to Tuthilltown Properties, LLC; and 

WHEREAS, the removal of major portions of the old Albany Post Road from

the County Road System so that those portions shall be maintained by the Town of

Gardiner is unaffected by this Amending Resolution; and now, therefore, be it

RESOLVED, that pursuant to Section 118-a of Highway Law, the County of

Ulster abandons to Tuthilltown Properties, LLC, an adjacent property owner, that

portion of the Old Albany Post Road designated as "Parcel D" on its corresponding

map, dated February 5, 2015, prepared by William E. James, P.E., P.L.S. for

Tuthilltown Properties, LLC, described and filed with the Clerk of the Ulster County

Legislature, or as modified with the approval of the County Attorney and the Ulster

County Department of Public Works; and, be it further

RESOLVED, that pursuant to Section 118-a of Highway Law, the County of

Ulster abandons to Tuthilltown Properties, LLC, an adjacent property owner, that

portion of the Old Albany Post Road designated as "Parcel E" on its corresponding

map, dated February 5, 2015, prepared by William E. James, P.E., P.L.S. for

Tuthilltown Properties, LLC, described and filed with the Clerk of the Ulster County

Legislature, or as modified with the approval of the County Attorney and the Ulster

County Department of Public Works; and, be it further

RESOLVED, that pursuant to Section 115-b of Highway Law, the County of

Ulster does hereby remove sections of the old Albany Post Road from the County

Highway Map designated as "Parcel A" and "Parcel B" on its corresponding map

entitled "Abandonment Map No. 1A" prepared for the Office of the Commissioner of

Public Works for the County of Ulster by Bert C. Winne, III, L.S., a licensed

surveyor who was previously employed by the County of Ulster, and previously

described and previously filed with the Clerk of the Ulster County Legislature, or as

modified with the approval of the County Attorney and the Ulster County

Department of Public Works, so that said portion of the old Albany Post Road (now a

lot without road) shall revert to and be maintained by the Town of Gardiner pursuant

to the provisions of Section 115-b of Highway Law, with said removal to be effective

upon filing with the Ulster County Clerk a deed conveying "Parcel C" on its

corresponding map, dated February 5, 2015, prepared by William E. James, P.E.,

P.L.S. for Tuthilltown Properties, LLC, from Tuthilltown Properties, LLC to the

Town of Gardiner; and, be it further

RESOLVED, that the Chairman is authorized to sign any necessary

agreements, deeds and other documents as may be required to effectuate the terms of

this amended resolution including, in particular, an agreement with the Town of

Gardiner providing 1) for removal of such portion of the old Albany Post Road from

the County Road System, and 2) that all future maintenance of the old Albany Post

Road, not abandoned to Tuthilltown Properties, LLC, shall be the full responsibility

of the Town of Gardiner, in the form as filed with the Clerk of the Ulster County

Legislature or as modified with the approval of the County Attorney,

and moves its adoption.

ADOPTED BY THE FOLLOWING VOTE:

AYES: 23 NOES: 0

Passed Committee: Public Works and Capital Projects on March 5, 2015

FINANCIAL IMPACT:

NONE

STATE OF NEW YORK

 ss:

COUNTY OF ULSTER

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 17th Day of March 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 20th Day of March

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

20th Day of March, 2015. 26

th Day of March, 2015.

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

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

Ulster County Legislature