Resolution Information
RESOLUTION TEXT +-
Referred to: The Ways and Means Committee (Chairman Gerentine and Legislators
Allen, Bartels, Belfiglio, Briggs, Maio, and Maloney)
Legislator James H. Delaune offers 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, by deed recorded on March 31, 1971, in the Office of the Ulster
County Clerk in Liber 1256 of Deeds at Page 602, a 10 Acre parcel in the Town of
New Paltz , bounded on the East by the Black Creek and on the West by lands of
Liuni, was conveyed to Anthony Alessi; and
WHEREAS, by 1981, Anthony Alessi still owned 3.80 Acres remaining from
the original 10 Acre parcel; and
WHEREAS, the 1981 Assessment Roll for the Town of New Paltz shows an
entry for a 3.80 Acre parcel on Black Creek Road against the name, “Alessi,
Anthony”, said parcel being further described as Section-Block-Lot (“SBL”)
#079.001-03-37.000 (hereinafter referred to as the “Parcel”); said entry had no deed
reference; and
WHEREAS, said 1981 Assessment Roll entry shows Anthony Alessi’s billing
address as “c/o Joseph Alessi, N. Elting Cor Rd, Highland, NY 12528”; and
WHEREAS, said 1981 Assessment roll entry shows that the real property tax
assessed against the Parcel was not paid; and
WHEREAS, the 1985 assessment roll for the Town of New Paltz shows an
entry for a 3.80 Acre parcel with SBL #079.001-03-37.000, assessed to “Alessi,
Joseph & Others” with deed reference as Liber 1187 of Deeds at page 699; this deed
reference was in error since the reference is to a 1966 deed that preceded Anthony
Alessi’s 1971 deed in the chain of title for the Parcel; and
WHEREAS, the 1985 Assessment Roll for the Town of New Paltz contains
an incorrect entry for the Parcel, and at that time it was still owned by Anthony
Alessi and the deed reference for conveyance to him was Liber 1256 of Deeds at
Page 602; and
WHEREAS, a search of the public land records of the Ulster County Clerk’s
Office does not show any conveyance of the Parcel by Anthony Alessi between 1971
and October 1985; and
WHEREAS, by deed dated October 1, 1985, and recorded in the Office of the
Ulster C
WHEREAS, Anthony Alessi conveyed his interest in the Parcel to Albert
Liuni and Rose K. Liuni by Quitclaim Deed, which was recorded on July 9th, 1986, in
the Office of the Ulster County Clerk in Liber 1619 of Deeds at Page 149; and
WHEREAS, the successors in title of Albert and Rose K. Liuni are unable to
convey clear title to the Parcel because there is no evidence that a deed conveying the
Parcel from the County to Anthony Alessi was recorded in the Office of the Ulster
County Clerk; and
WHEREAS, the County, on the condition that the outstanding real property
taxes on the Parcel from 1981 to 1985 in the amount of one thousand three hundred
seven dollars and fifty cents ($1,307.50) be paid by or on behalf of Anthony Alessi,
has agreed to issue a Confirmatory Quitclaim Deed to Anthony Alessi; 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 1of the County’s Type II List, this action does not
pose a significant potential environmental impact and may be processed 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 Anthony Alessi in the interests of equity, fairness and
good faith; and be it further
RESOLVED, that the deed to the property be prepared as follows:
GRANTOR GRANTEE DEED TO
County of Ulster Anthony Alessi Anthony Alessi
Tax Map Parcel # 79.001-03-37 c/o John Wadlin, Esq.
P.O. Box 3356
Kingston, New York 12402
and, be it further
RESOLVED, that the Chairman of the Ulster County Legislature is authorized
to make, execute and deliver to said party or his authorized representative, a
Confirmatory Quitclaim Deed conveying the interest of the County in said Parcel,
which Confirmatory Quitclaim 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, be it further
RESOLVED, that this conveyance is subject to the payment of the outstanding
taxes due on the property in the amount of one thousand three hundred seven dollars
and fifty cents ($1,307.50) to the County; and it is further
RESOLVED, that such conveyance is subject to acceptance and execution by
Anthony Alessi, or his authorized representative, of a conveyance and
indemnification agreement, and it is further
RESOLVED, that Anthony Alessi, or his authorized representative, shall have
90 days from the date of this Resolution to pay the taxes owed in the amount of one
thousand three hundred seven dollars and fifty cents ($1,307.50) to the County, and
to sign all necessary documents in order to record the Deed from the County with the
Office of the Ulster County Clerk, or this Resolution shall become null, void and of
no effect;
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
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
22nd Day of December, 2016. 28th Day of December, 2016.
|s| Victoria A. Fabella |s| Michael P. Hein
Victoria A. Fabella, Clerk Michael P. Hein, County Executive
Ulster County Legislature
Current Text: PDF
Updated: January 29, 2019
Votes on this Resolution
yes no abstained no voteVote to Adopt Resolution No. 558
Committee Vote to Adopt Resolution No. 558
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