Referred to: The Ways and Means Committee (Chairman Gerentine and Legislators

Allen, Bartels, Belfiglio, Briggs, Maio, and Maloney)

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

Chairman Thomas J. Briggs offer the following:

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

behalf of the Department of Finance, Division of Real Property Tax Service; and

 WHEREAS, the County of Ulster acquired title to a parcel by Tax Deed filed

in the Office of the Ulster County Clerk on May 22, 2001, in Liber 14 of Tax Deeds

at Page 250, said parcel being described as follows:

 Parcel #: 238

 Town: ULSTER

 Formerly Assessed to: CORNACCHIA, JOSEPH

 Current Owner: COUNTY OF ULSTER

 SBL#: 039.016-0005-029.000-0000

 Description: 311

 Location: 225 WOODS ROAD (PVT)

 Acreage: 0

 Front Foot: 156

 Depth Foot: 150

 Oldest Year of Tax: 1998 G; and

 WHEREAS, on April 17, 2003, Joseph Cornacchia paid the County of Ulster

two thousand one hundred ninety-five dollars and thirty-nine cents ($2,195.39) to

redeem his former property above described; and

 WHEREAS, upon the redemption of said premises, the County of Ulster

took steps to return the property to Joseph Cornacchia, to wit: the County Legislature

adopted Resolution #152 on May 8, 2003 approving the re-conveyance of the parcel

to Joseph Cornacchia, and a Quitclaim/Tax Deed for the parcel was executed on May

14, 2003. Said deed was recorded on June 5, 2003, as document number 2003-

00015708, in the Office of the Ulster County Clerk; and

 WHEREAS, Joseph Cornacchia died on April 20, 2003, which was before

County Resolution # 152 and Quitclaim/Tax Deed Number 2003-00015708 were

executed in May 2003 and before the Quitclaim/Tax Deed was recorded with the

Ulster County Clerk in June 2003; and 

WHEREAS, real property cannot be conveyed to a party who is dead and

therefore must be conveyed to the deceased person’s heirs, estate representative or

co-owners of the property, depending on the circumstances; and

 WHEREAS, Letters Testamentary in the Estate of Joseph Cornacchia, a/k/a

Joseph A. Cornacchia, were granted to his surviving spouse, Vivian Cornacchia, by

Ulster County Surrogate’s Court on February 26, 2008; and

 WHEREAS, under the above circumstances, it is necessary and appropriate

for the County of Ulster to issue a Correction Deed for the subject parcel to Vivian

Cornacchia, as Executrix of the Estate of Joseph Cornacchia , a/k/a Joseph A.

Cornacchia, in order to correct the title defect created by the prior deed; and

 WHEREAS, such Correction Deed shall be made, executed and delivered

subject to the condition and covenant that the said County of Ulster shall in no event

be or become liable for any defects in the title so conveyed for any cause whatsoever,

or that no claim or demand of any nature shall ever be made against the said County

of Ulster, arising from such sale or any proceedings leading thereto; and

 WHEREAS, this conveyance constitutes a Type II action under section

2.26 of the County of Ulster’s State Environmental Quality Review Act (hereinafter

referred to as “SEQRA”) Type II List that was adopted in Resolution No. 118 on

April 20, 2010; and

 WHEREAS, as per section 1 of the County’s Type II List, this action does not

pose a significant potential environmental impact and may be progressed as a Type II

action in accordance with 6 NYCRR Part 617 of SEQRA; now therefore, be it

 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 Vivian Cornacchia, as Executrix of the Estate of

Joseph Cornacchia, a/k/a Joseph A. Cornacchia, in the interests of equity, fairness

and good faith; and be it further 

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

and, be it further

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

authorized and directed to make, execute and deliver to said party or his/her/their

authorized representative, a Correction Deed conveying the interest of the County in

said Parcel, which Correction Deed 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 move its adoption.

ADOPTED BY THE FOLLOWING VOTE:

AYES: 22 NOES: 0

(Absent: Legislator Loughran)

Passed Committee: Ways and Means on December 13, 2016

FINANCIAL IMPACT:

NONE

 GRANTOR GRANTEE DEED TO

County of Ulster Vivian Cornacchia, Vivian Cornacchia

Tax Map Parcel: as Executrix of the c/o Jon Hoyt, Esq.

#039.016-0005-029.000-0000 Estate of Joseph 326 Wall Street

 Cornacchia, a/k/a Kingston, New York 12401

 Joseph A. Cornacchia

 GRANTOR

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 20th Day of December in the year Two Thousand

and Sixteen, 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 21st Day of

December in the year Two Thousand and Sixteen.

|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 December, 2016. 22nd Day of December, 2016.

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

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

Ulster County Legislature