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

Bartels, Belfiglio, Briggs, Maio, Maloney, Richard Parete, and Rodriguez)

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

following:

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

behalf of the Department of Finance; and

WHEREAS, the Ulster County Commissioner of Finance requested

permission to accept a bid for a parcel of real property hereinafter described, and

which had been previously been offered at Public Auction (Parcel # 35, April 16,

2013, hereinafter referred to as the “Parcel”); and

WHEREAS, the Parcel was withdrawn from the previous tax foreclosure

proceeding in that the County was concerned at that time that there may be

environmental hazards present in the Parcel; and

WHEREAS, taxes due date back to 2010; and the Parcel, located in the Town

of Marlborough, is 3.4 acres in size and is classified as residential, and is identified

as tax map number 95.2-1-46.100; and

WHEREAS, pursuant to Resolution No. 208, dated July 23, 2013, the County

Legislature authorized acceptance of the bid for said parcel and to accept payment as

follows:

PREVIOUS OWNER TOWN BIDDER AMOUNT

Butler, James W. Marlborough Hossen, Belayet $33,317.97

SBL#: 95.2-1-46.100 155 Huckleberry Avenue

Parcel #40, 2013 Public Auction Wallkill, NY 12589

and,

WHEREAS, the County was owed $33,317.97 for this parcel by reason of the

not payment of taxes at the time of acceptance of the bid; and

WHEREAS, the Ulster County Legislature consented to reinstatement of the

foregoing Parcel in the tax foreclosure proceeding; and

WHEREAS, the Ulster County Commissioner of Finance subsequently filed a

certificate reinstating the parcel to the foreclosure proceeding on June 10, 2013; and 

- Page 2 -

Resolution No. 63 February 18, 2014

Authorizing Sale Of A Parcel Of Property Previously Offered At

Public Auction – Department of Finance

WHEREAS, subsequent to the filing of the certificate reinstating the parcel to

the foreclosure proceeding, the Ulster County Commissioner of Finance, pursuant to

Article 11 of Real Property Tax Law caused notice of the foreclosure to be published

in each of three consecutive weeks in a two month period in at least two designated

newspapers, and further served personal notice of the foreclosure proceeding upon

the owners and those other persons whose right, title and interest was a matter of

public record; and

WHEREAS, no owner or person having any right, title or interest in or lien

upon the property redeemed and answered the petition and notice of foreclosure; and

WHEREAS, as a result of this failure to redeem or answer, the County of

Ulster may proceed for a judgment of foreclosure; and

WHEREAS, the Ulster County Commissioner of Finance, upon further review

and inspection of the Parcel, has determined that the Parcel does not present an

environmental hazard; and

WHEREAS, purchaser has deposited with the Ulster County Commissioner of

Finance the sum of $33,317.97; and

WHEREAS, based upon the examination of the Ulster County Legislature,

and pursuant to the County of Ulster’s State Environmental Quality Review Act

(SEQRA) Type II List that was adopted by the County in Resolution No. 118 on

April 20, 2012, and as per Section 4.1.5 of that list, it has been determined that the

following transaction does not pose a significant environmental impact and may and

constitutes a Type II action in accordance with 6NYCRR, Part 617, of SEQRA, and

does not require any determination or procedure under SEQRA; and

WHEREAS, the prospective purchaser has executed an agreement whereby it

shall hold harmless the County of Ulster, its officers, agents and employees, from and

against any and all suits, claims, actions, losses, costs, penalties and damages

whatsoever arising out of, in connection with, or incident to the this transaction, and

shall assume the defense of Ulster County and its officers and employees in all legal

actions and proceedings arising out of this transaction and shall pay all defense

expenses, including reasonable attorney(s) fees, expert(s) fees, and costs that may be

incurred by Ulster County on account of such litigation and/or claims, and shall

satisfy any judgment rendered in connection therewith or pay or reimburse Ulster

County’s payment of any sums reasonable to settle such litigation costs; now,

therefore, be it 

- Page 3 -

Resolution No. 63 February 18, 2014

Authorizing Sale Of A Parcel Of Property Previously Offered At

Public Auction – Department of Finance

RESOLVED, that upon receipt of a Judgment of Foreclosure and the filing of

same with County Clerk together with Notice of Entry, the Commissioner of Finance

is authorized and directed to convey a deed into the County for such Parcel; and, it is

further

RESOLVED, that the Commissioner of Finance is hereby directed to make,

execute and cause to be recorded a quitclaim deed conveying to the buyer completed

title to said Parcel in fee absolute, free and clear of all liens and encumbrances

pursuant to Article 11 of Real Property Tax Law,

and moves its adoption.

 ADOPTED BY THE FOLLOWING VOTE:

 AYES: 20 NOES: 0

 (Absent: Legislators Archer, Donaldson and

 Fabiano)

Passed Committee: Ways and Means on February 12, 2014

FINANCIAL IMPACT:

$33,317.97.00 – REVENUE – SALE OF REAL PROPERTY 

- Page 4 -

Resolution No. 63 February 18, 2014

Authorizing Sale Of A Parcel Of Property Previously Offered At

Public Auction – Department of Finance

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 18th Day of February, 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

February 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 February, 2014. 21st Day of February, 2014.

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

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

Ulster County Legislature