Resolution Information
RESOLUTION TEXT +-
Referred to: The Public Works and Capital Projects Committee (Chairman Fabiano
and Legislators Greene, Litts, Nolan, and Roberts), and The Ways and Means
Committee (Chairman Gerentine and Legislators Archer, Bartels, Lopez, Maio,
James Maloney, Joseph Maloney, and Petit)
Chairman of the Public Works and Capital Projects Committee, Dean J. Fabiano,
offers the following:
WHEREAS, the County of Ulster (the “County”) owns certain real property in
the Town of New Paltz, County of Ulster and State of New York, more particularly
described as the “Poor Farm Reservoir Property”, being also described as Tax Map
No. 86.1-1-41 (hereinafter referred to as the “Property); and
WHEREAS, the Property was purchased by the County by a warranty deed
from Albert K. Smiley and Eliza P. Smiley, his wife, dated October 31, 1904 and
recorded in the Office of the Ulster County Clerk on February 11, 1908, in Liber 408
of Deeds at Page 521; and
WHEREAS, the County purchased the Property in order to acquire a pond to
supply water by pipeline to the former County Home located in the current Ulster
County Fairgrounds in the Town of New Paltz; and
WHEREAS, in said deed, the Grantors reserved the right to build a road
across said premises below the dam and also the right to construct and maintain a
bridge across said premises below the dam for the purpose of carrying said road and
that said rights refer to a private road previously located on the easterly side of the
Property; and
WHEREAS, as referred to in Deed Liber 408 of Deeds at Page 521, Lower
Duck Pond Road is also an existing road on the northerly bounds of the Property,
being a former town road known as Mullenix Road, and which the Mohonk Preserve,
Inc, uses and maintains to date; and
WHEREAS, by Resolution No. 246 of 2016, adopted on April 19, 2016, by
the Ulster County Legislature and approved and signed by the Ulster County
Executive on April 21, 2016, the County declared that the Property as “surplus” and
no longer needed for a public purpose and authorized its sale to the City of New
York; and
WHEREAS, the Property is surplus property, has no further use to the County
and contains the remnants of a dam, pond and pipeline that remain on it; and
WHEREAS, the City of New York desires to obtain the Property due to its
proximity to its New York City Aqueduct; and
WHEREAS, pursuant to Section 72-h of the New York State General
Municipal Law, the County may convey real property to another municipality
without consideration; and
WHEREAS, the Mohonk Preserve, Inc., successor in interest to Albert K. and
Eliza P. Smiley, has no objection to this conveyance as long as it retains all rights
reserved in Deed Liber 408 at Page 521 as well as a right of way for ingress and
egress across the Property by way of Lower Duck Pond Road (the former Mullenix
Road) which it still uses and maintains to date; now, therefore, be it
RESOLVED, that the Ulster County Legislature hereby re-affirms the
provisions of its Resolution 219 of the year 1991, in that due to the closing and
ultimate demolition of the County Home, the Ulster County Legislature determined
that the Property is no longer necessary for a public purpose; and, be it further
RESOLVED, that the Ulster County Legislature hereby affirms and/or reaffirms the following pursuant to the provisions of its Resolution No. 246 of the year
2016:
1) affirms that the Property is indeed surplus and is no longer needed for a
public purpose;
2) finds that the City of New York has an aqueduct on the Property and
desires to acquire the Property in order to maintain its aqueduct and that it is
in the best interests of the County to convey the Property to New York City;
3) finds that the County is permitted to transfer the Property to New York
City without consideration pursuant to the provisions of Section 72-h of the
General Municipal Law;
4) declares that the Ulster County Legislature has examined the proposed
transfer and has determined such to be an unlisted action with no significant
impact on the environment in accordance with the provisions of the State
Environmental Quality Review Act, 6 NYCRR Part 627 (SEQRA) and the
County of Ulster’s SEQRA Type II List, adopted by Resolution No 118 on
April 20, 2010; and, be it further
RESOLVED, that the Chairman of the County Legislature is hereby
authorized to execute all documents and agreements and related paperwork necessary
to convey the Property in fee to the City of New York, as approved or modified by
the County Attorney, including any amendments thereto; and, be it further
RESOLVED, that pursuant to Section 72-h of the New York State Municipal
Law, the Chairman of the Ulster County Legislature shall convey the Property to the
City of New York without consideration, excepting only that the City of New York
shall pay all costs associated with or required for said conveyance; and, be it further
RESOLVED, that the deed of conveyance to the City of New York shall be
made subject to rights reserved in Liber 408 of Deeds at Page 521 as filed in the
Office of the Ulster County Clerk, and to any right, title and interest of Ulster
County, and subject to any rights of Mohonk Preserve, Inc. or others, in Lower Duck
Pond Road, formerly known as Mullenix Road, which provides ingress and egress
across the northerly bounds of the Property; and, be it further
RESOLVED, that said deed of conveyance 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 move its adoption.
ADOPTED BY THE FOLLOWING VOTE:
AYES: 22 NOES: 0
(Absent: Legislator Collins)
Passed Committee: Public Works and Capital Projects on August 2, 2018
Postponed in Committee: Ways and Means for One Week on August 7, 2018
Passed Committee: Ways and Means on August 14, 2018
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 14th Day of August in the year Two Thousand and
Eighteen, 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 15th Day of August
in the year Two Thousand and Eighteen.
|s| Victoria A. Fabella
Victoria A. Fabella, Clerk
Ulster County Legislature
Submitted to the County Executive this Approved by the County Executive this
15th Day of August, 2018. 23rd Day of August, 2018.
|s| Victoria A. Fabella |s| Michael P. Hein
Victoria A. Fabella, Clerk Michael P. Hein, County Executive
Ulster County Legislature
Current Text: PDF
Updated: February 4, 2019
Votes on this Resolution
yes no abstained no voteCommittee Vote to Adopt Resolution No. 345
Vote to Adopt Resolution No. 345
Committee Vote to Postpone Resolution No. 345
Committee Vote to Adopt Resolution No. 345
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