Resolution No. 148

Authorizing The Chairman Of The Ulster County Legislature To Convey A Correction Quitclaim Deed To A Party Who Purchased Real Property Which Was Formerly County-Owned Real Property – Department Of Finance, Division Of Real Property Tax Service

Resolution Information

Status: 
Adopted

RESOLUTION TEXT +-

Print

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