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

and Legislators Greene, Litts, Loughran, and Maloney), and The Ways and Means

Committee (Chairman Gerentine and Legislators Allen, Bartels, Belfiglio, Briggs,

Maio, and Maloney)

Chairman of the Public Works and Capital Projects Committee, Dean J. Fabiano, and

Deputy Chairman Peter M. Loughran offer the following:

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

behalf of the Department of Public Works; and

WHEREAS, the New York State Department of Transportation (NYSDOT),

as part of a statewide program for strengthening the highway network by enhancing

the durability of highway bridges, has identified the State Route 28 bridge crossing

Esopus Creek at S/B/L 5.018-1-57 in the Town of Shandaken, County of Ulster, State

of New York as requiring extensive repair or replacement in order to help protect this

bridge from future storm events (hereinafter the “Project”); and

WHEREAS, NYSDOT has identified certain property that New York State

must acquire in order to construct the planned improvements; and

WHEREAS, the County of Ulster has been identified as the reputed owner of

property parcels identified on NYSDOT Acquisition Maps No. 165 and No. 166 as

Parcels No. 276 and 277, respectively, totaling approximately 1.076 acres; and

WHEREAS, said property parcels were appropriated by New York State in

accordance with Section 502 of the Eminent Domain Procedure Law, and title to the

property, easement, or right indicated on the Acquisition Maps was vested in the

name of the People of the State of New York on May 16, 2016; and

WHEREAS, NYSDOT has determined the value of the property appropriated

and the legal damages caused by said appropriation; and

WHEREAS, pursuant to Section 304 of the Eminent Domain Procedure Law,

the New York State Comptroller has deposited the sum of $5,150.00 (Five Thousand,

One Hundred Fifty and 00/100 Dollars) in an Eminent Domain account as the

amount of New York State’s offer for its eminent domain acquisition of the property

interest described in the aforementioned Acquisition Maps; and 

 - Page 2 -

Resolution No. 201 May 16, 2017

Authorizing The Chairman Of The Ulster County Legislature To

Execute A Claim For Payment And Any Additional Documents

Necessary To Secure Payment From New York State For The

Appropriation Of County Property – New York State Acquisition

Maps Nos. 165 And 166 – Department Of Public Works

 WHEREAS, as a prerequisite to the payment of the sum of $5,150.00 (Five

Thousand, One Hundred Fifty and 00/100 Dollars) to the County, as the owner of the

property affected by said appropriation, certain documents must be executed by the

County and delivered to the New York State Attorney General; and, now, therefore

be it

RESOLVED, the Ulster County Legislature hereby authorizes the Chairman

of the Ulster County Legislature to execute, on behalf of the County of Ulster, any

and all documents related to the appropriation and necessary to secure payment of the

claims as approved by the County Attorney,

and move its adoption.

ADOPTED BY THE FOLLOWING VOTE:

AYES: 21 NOES: 0

(Absent: Legislators Delaune and Fabiano)

Passed Committee: Public Works and Capital Projects on May 3, 2017

Passed Committee: Ways and Means on May 9, 2017

FINANCIAL IMPACT:

$5,160.00 – ADDITIONAL REVENUE DOLLARS 

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 16th Day of May in the year Two Thousand and

Seventeen, 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 18th Day of May in

the year Two Thousand and Seventeen.

|s| Victoria A. Fabella

Victoria A. Fabella, Clerk

Ulster County Legislature

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

18th Day of May, 2017. 23rd Day of May, 2017.

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

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

Ulster County Legislature