Referred to: The Ways and Means Committee (Chairman Gerentine and Legislators

Bartels, Belfiglio, Briggs, Maio, Maloney, Provenzano, and Rodriguez)

Chairman of the Ways and Means Committee, Richard A. Gerentine, and Deputy

Chairman Tracey A. Bartels 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, Edward N. Fitzgerald, Jr. and James Minard acquired parcel # 90

of the 1990 Public Auction, listed as 19.10 acres, vacant land, in the Town of New

Paltz, section, block and lot numbers 86.3-1-24, by a Tax Sale, Quitclaim Deed,

dated June 26, 1990, from the County of Ulster in consideration of Fourteen

Thousand Three Hundred Dollars ($14,300.00); and

WHEREAS, thereafter Peter Ferrante, Robert Ferrante, Sande Ferrante, and

Timothy Ferrante acquired tax map parcel number 86.3-1-24, listed as 19.10 acres,

vacant land, in the Town of New Paltz, by Quitclaim Deed, dated August 6, 1990,

from Edward N. Fitzgerald, Jr. and James Minard in consideration of Ten Thousand

Three Hundred Dollars ($10,300.00); and

WHEREAS, the Town of New Paltz tax map was created in the mid-1980s,

which resulted in a parcel of real property being mapped as tax map parcel number

86.3-1-24, and the owner of tax map parcel number 86.3-1-24, for reasons not

known, was designated as “unknown” rather than the County of Ulster; and

WHEREAS, at the time the parcel was transferred to Edward N. Fitzgerald, Jr.

and James Minard, the County of Ulster was, in fact, the owner of the parcel

referenced herein and above, as opposed to the then erroneously designated

“unknown” owner, no taxes were due, and procedurally the County could not and

should not have divested itself of its interest in the property through a tax sale; and

WHEREAS, Peter Ferrante, Robert Ferrante, Sande Ferrante, and Timothy

Ferrante are seeking to convey a conservation easement to the Open Space Institute

Land Trust, Inc. on tax map parcel number 86.3-1-24; and 

- Page 2 -

Resolution No. 220 June 17, 2014

Authorizing The Chairman Of The Ulster County Legislature To

Convey A Confirmatory, Quitclaim Deed To A Party Who

Purchased Real Property Which Was Formerly County-Owned -

Department Of Finance, Division Of Real Property Tax Service

WHEREAS, Peter Ferrante, Robert Ferrante, Sande Ferrante, and Timothy

Ferrante are not able to convey a clear and marketable title to the Open Space

Institute Land Trust, Inc. due to a defect in the title; and

WHEREAS, the County of Ulster, in light of the County’s error regarding the

original conveyance by the County in 1990, in the interests of equity, fairness, and

good faith has determined that a confirmatory, quitclaim deed should be issued to

Peter Ferrante, Robert Ferrante, Sande Ferrante, and Timothy Ferrante from the

County of Ulster; 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 Peter Ferrante, Robert Ferrante, Sande Ferrante, and

Timothy Ferrante 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

Tax Map Parcel #:

86.3-1-24

Peter Ferrante,

Robert Ferrante,

Sande Ferrante, and

Timothy Ferrante

Peter Ferrante,

Robert Ferrante,

Sande Ferrante, and

Timothy Ferrante

15 Route 299 West

New Paltz, New York 12561

and, be it further 

- Page 3 -

Resolution No. 220 June 17, 2014

Authorizing The Chairman Of The Ulster County Legislature To

Convey A Confirmatory, Quitclaim Deed To A Party Who

Purchased Real Property Which Was Formerly County-Owned -

Department Of Finance, Division Of Real Property Tax Service

RESOLVED, that the Chairman of the Ulster County Legislature is authorized

and directed to make, execute and deliver to said party, 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 such conveyance is subject to acceptance and execution by

Peter Ferrante, Robert Ferrante, Sande Ferrante, and Timothy Ferrante of a

conveyance and indemnification agreement,

and move its adoption.

ADOPTION BY THE FOLLOWING VOTE:

 AYES: 22 NOES: 0

 (Absent: Legislator Roberts)

Passed Committee: Ways and Means on June 11, 2014

FINANCIAL IMPACT:

NONE 

- Page 4 -

Resolution No. 220 June 17, 2014

Authorizing The Chairman Of The Ulster County Legislature To

Convey A Confirmatory, Quitclaim Deed To A Party Who

Purchased Real Property Which Was Formerly County-Owned -

Department Of Finance, Division Of Real Property Tax Service

STATE OF NEW YORK

 ss:

COUNTY OF ULSTER

This is to certify that I, the undersigned Clerk of the Legislature of the County of Ulster have compared the

foregoing resolution with the original resolution now on file in the office of said clerk, and which was adopted by said

Legislature on the 17th Day of June, 2014, and that the same is a true and correct transcript of said resolution and of the

whole thereof.

IN WITNESS WHEREOF, I have hereunto set my hand and seal of the County of Ulster this 20th Day of June in

the year Two Thousand and Fourteen.

|s| Victoria A. Fabella

Victoria A. Fabella, Clerk

Ulster County Legislature

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

20th Day of June, 2014. 20th Day of June, 2014.

|s| Victoria A. Fabella ____________________________

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

Ulster County Legislature