Resolution Information
RESOLUTION TEXT +-
Referred to: The Ways and Means Committee (Chairman Gerentine and Legislators
Archer, Bartels, Lopez, James Maloney, Joseph Maloney, and Petit)
Chairman of the Ways and Means Committee, Richard A. Gerentine, and Deputy
Chair Laura Petit 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 March 13, 2017, in Volume 6137 at Page
315, as Document Number 2017-00003853, said parcel being described as follows:
Parcel #: 118
Town: ROSENDALE
Assessed to: CURLEY DAWN
Current Owner: COUNTY OF ULSTER
SBL#: 071.001-0002-009.000-0000
Classification: 210
Location: 299 GRIST MILL RD
Acreage: 3.79
Front Foot: .00
Depth Foot: .00
Oldest Year of Tax: 2014; AND
WHEREAS, said parcel was subsequently bought back by the payment of
SEVEN THOUSAND, ONE HUNDRED FIFTY-TWO and 00/100 ($7,152.00)
DOLLARS, for back taxes and an additional $185.00 for recording fees, accepted
from “The Bank of New York Mellon fka The Bank of New York as Trustee for the
Certificateholders of the CWABS Inc., Asset-Backed Certificates, Series 2005-17”,
having an office for the conduct of business at 7360 S. Kyrene Road, Tempe,
Arizona 85283, being the former owner of the parcel by Referee’s Deed; and
WHEREAS, upon the buy back of said premises, the County of Ulster took
steps to return the property to said purchaser, to wit: Resolution No. 221 of the year
2017, was adopted by the Ulster County Legislature on May 16, 2017, and approved
and executed by the Ulster County Executive on May 23, 2017, approving the reconveyance of the parcel to “The Bank of New York Mellon”, and a Quitclaim Deed
for the parcel was executed on June 14, 2017. Said deed was recorded on June 26,
2017, as document number 2017-00009048, in the Office of the Ulster County Clerk;
and
WHEREAS, “The Bank of New York Mellon fka The Bank of New York as
Trustee for the Certificateholders of the CWABS Inc., Asset-Backed Certificates,
Series 2005-17”, is now unable to convey the parcel because the County’s Quitclaim
Deed incorrectly stated the Grantee’s name as “The Bank of New York Mellon”,
creating a title defect that must be corrected by issuance of a Correction Deed; 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 “The
Bank of New York Mellon fka The Bank of New York as Trustee for the
Certificateholders of the CWABS Inc., Asset-Backed Certificates, Series 2005-17” as
Grantee 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 “The Bank of New York Mellon fka The Bank of New
York as Trustee for the Certificateholders of the CWABS Inc., Asset-Backed
Certificates, Series 2005-17”, 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 DEED TO BE
RETURNED TO
County of Ulster The Bank of New York Mellon The Bank of New York Mellon
Tax Map Parcel: fka The Bank of New York fka The Bank of New York
#71.1-2-9 as Trustee for the as Trustee for the
Certificateholders of the Certificateholders of the
CWABS Inc., Asset-Backed CWABS Inc., Asset-Backed
Certificates, Series 2005-17 Certificates, Series 2005-17
7360 S. Kyrene Road
Tempe, Arizona 85283
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, and any other documents
required, to convey the interest of the County in said Parcel, in a form as approved or
modified by the County Attorney, 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: NOES:
Passed Committee: Ways and Means on _____________.
FINANCIAL IMPACT:
NONE
Current Text: PDF
Updated: February 1, 2019
Votes on this Resolution
yes no abstained no voteVote to Adopt Resolution No. 148
Committee Vote to Adopt Resolution No. 148
...