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

and Legislators Allen, Greene, Loughran, and Roberts), and The Laws and Rules,

Governmental Services Committee (Chairman Richard Parete and Legislators

Archer, Donaldson, Roberts, and Ronk)

Legislator Tracey A. Bartels offers the following:

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

behalf of the Department of Public Works; and

WHEREAS, on June 28, 1972 the County moved to obtain property at and

adjacent to the Tuthilltown Grist Mill in the Town of Gardiner for the purpose of

realigning Albany Post Road (a.k.a.,County Road No. 79) and creating and relocating

a replacement bridge, (a.k.a., County Bridge No. 38) over the Shawangunk Kill

Creek; and in 1973 the County obtained the necessary properties and right-of-ways to

perform this work; and

WHEREAS, in 1991 the County realigned Albany Post Road, and relocated

and replaced the Tuthilltown Bridge; and

WHEREAS, the realignment of Albany Post Road and the relocation and

replacement of the Tuthilltown Bridge has caused a portion of the old Albany Post

Road to be of no further use as a County Road; and

WHEREAS, it has been proposed to abandon such portions of the old Albany

Post Road (now named Grist Mill Lane and Tinkers Lane) to the adjacent property

owner, Tuthilltown Holdings, LLC, and to remove major portions of the old Albany

Post Road from the County Road System so that those portions would be maintained

by the Town of Gardiner; and

WHEREAS, the Town of Gardiner is willing to accept the abandoned portions

contingent upon an adjacent property owner conveying a portion of property to the

Town of Gardiner for the purpose of a turnaround at the end of the Road (now Grist

Mill Lane); and

WHEREAS, maps of Parcels A, B, C, D, and E, and descriptions of Parcels A

and B have been prepared and filed with the Clerk of the Legislature; and 

- Page 2 -

Resolution No. 382 October 21, 2014

Abandoning Portions of Old Albany Post Road, County Road

Number 79, Town of Gardiner, to Various Adjoining Property

Owners, Removal of a Portion of Said Road From County Road

Map, and Authorizing the Chairman to Sign Agreement(s) with the

Town of Gardiner and Various Adjoining Property Owners

WHEREAS, this transaction is further contingent upon Tuthilltown Holdings,

LLC preparing the necessary, updated parcel descriptions for Parcels C, D, and E,

which said descriptions shall describe the parcel(s) to be conveyed between the

applicable parties; and

WHEREAS, the conveyances for this transaction are further contingent upon

the consent and agreement of all the parties involved including the Town of Gardiner,

as well as the approval of the Ulster County Legislature and the Ulster County

Executive; and

WHEREAS, the abandonment constitutes a Type II action under Section 3.2

and Section 4.5.11 of the County of Ulster’s State Environmental Quality Review

Act (SEQRA) Type II list, adopted by Resolution No. 118 on April 20, 2010; and

WHEREAS, Ulster County determines that 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; and

WHEREAS, the Public Works and Capital Projects Committee has met and

reviewed said request with a majority of the members voting approval; and

WHEREAS, the Laws and Rules, Governmental Services Committee has met

and reviewed said request with a majority of the members voting approval; now

therefore, be it

RESOLVED, that pursuant to Section 118-a of Highway Law, the County of

Ulster abandons to Tuthilltown Holdings, LLC, an adjacent property owner, that

portion of the Old Albany Post Road designated as "Parcel D" on its corresponding

map, dated September 24, 2014, prepared by William E. James, P.E., P.L.S. for

Tuthilltown Holdings, LLC, filed with the Clerk of the Ulster County Legislature, or

as modified with the approval of the County Attorney and the Ulster County

Department of Public Works; and be it further

- Page 3 -

Resolution No. 382 October 21, 2014

Abandoning Portions of Old Albany Post Road, County Road

Number 79, Town of Gardiner, to Various Adjoining Property

Owners, Removal of a Portion of Said Road From County Road

Map, and Authorizing the Chairman to Sign Agreement(s) with the

Town of Gardiner and Various Adjoining Property Owners

RESOLVED, that pursuant to Section 118-a of Highway Law, the County of

Ulster abandons to Tuthilltown Holdings, LLC, an adjacent property owner, that

portion of the Old Albany Post Road designated as "Parcel E" on its corresponding

map, dated September 24, 2014, prepared by William E. James, P.E., P.L.S. for

Tuthilltown Holdings, LLC, filed with the Clerk of the Ulster County Legislature, or

as modified with the approval of the County Attorney and the Ulster County

Department of Public Works; and be it further

RESOLVED, that pursuant to Section 115-b of Highway Law, the County of

Ulster does hereby remove sections of the old Albany Post Road from the County

Highway Map designated as "Parcel A" and "Parcel B" on its corresponding map

entitled "Abandonment Map No. 1A" prepared for the Office of the Commissioner of

Public Works for the County of Ulster by Bert C. Winne, III, L.S., a licensed

surveyor who was previously employed by the County of Ulster, and described and

filed with the Clerk of the Ulster County Legislature, or as modified with the

approval of the County Attorney and the Ulster County Department of Public Works,

so that said portion of the old Albany Post Road (now a lot without road) shall revert

to and be maintained by the Town of Gardiner pursuant to the provisions of Section

115-b of Highway Law, with said removal to be effective upon filing with the Ulster

County Clerk a deed conveying "Parcel C" on its corresponding map, dated

September 24, 2014, prepared by William E. James, P.E., P.L.S. for Tuthilltown

Holdings, LLC from Tuthilltown Holdings, LLC to the Town of Gardiner; and be it

further

RESOLVED, this transaction is further contingent upon Tuthilltown Holdings,

LLC preparing the necessary, updated parcel descriptions for Parcels C, D, and E,

which said descriptions shall describe the parcel(s) to be conveyed between the

applicable parties; and be it further 

- Page 4 -

Resolution No. 382 October 21, 2014

Abandoning Portions of Old Albany Post Road, County Road

Number 79, Town of Gardiner, to Various Adjoining Property

Owners, Removal of a Portion of Said Road From County Road

Map, and Authorizing the Chairman to Sign Agreement(s) with the

Town of Gardiner and Various Adjoining Property Owners

RESOLVED, that the Chairman is authorized to sign any necessary

agreements, deeds and other documents as may be required to effectuate the terms of

this resolution including, in particular, an agreement with the Town of Gardiner

providing 1) for removal of such portion of the old Albany Post Road from the

County Road System, and 2) that all future maintenance of the old Albany Post Road

(Grist Mill Lane, Tinkers Lane and vacant lot) shall be the full responsibility of the

Town of Gardiner, in the form as filed with the Clerk of the Ulster County

Legislature or as modified with the approval of the County Attorney; and be it further

RESOLVED, this Resolution is subject to all of the parties, including the

Town of Gardiner, having agreed and consented to this transaction in its entirety, as

well as the approval of the Ulster County Legislature and the Ulster County

Executive,

and moves its adoption.

 ADOPTED BY THE FOLLOWING VOTE:

 AYES: 23 NOES: 0

Passed Committee: Public Works and Capital Projects on October 9, 2014

Passed Committee as amended: Laws and Rules, Governmental Services as amended

on October 20, 2014

FINANCIAL IMPACT:

NONE

- Page 5 -

Resolution No. 382 October 21, 2014

Abandoning Portions of Old Albany Post Road, County Road

Number 79, Town of Gardiner, to Various Adjoining Property

Owners, Removal of a Portion of Said Road From County Road

Map, and Authorizing the Chairman to Sign Agreement(s) with the

Town of Gardiner and Various Adjoining Property Owners

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 21st Day of October, 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 22nd Day of

October 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

22nd Day of October, 2014. 31st Day of October, 2014.

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

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

Ulster County Legislature