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

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

Legislator Manna Jo Greene offers the following:

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

behalf of the Department of Finance; and

WHEREAS, the County of Ulster is the owner of real property formerly

owned by the Lower Esopus River Watch, Inc., situated in the Town of Rosendale

and known as Josephine Avenue, consisting of .22 acres of residential vacant land

and designated as SBL No. 62.82-2-18; and

WHEREAS, the subject property was conveyed to the County of Ulster by

Deed dated October 30, 2013 and recorded in the Office of the Ulster County Clerk

on October 31, 2013 as Document Number 2013-00017636 in Volume 5670 of

Deeds at Page 228; and

WHEREAS, the County of Ulster is also the owner of real property formerly

owned by the Lower Esopus River Watch, Inc. situated in the Town of Rosendale

and known as Lucas Avenue Extension, consisting of 8.2 acres of residential vacant

land and designated as SBL No. 62.2-3-1; and

WHEREAS, the subject property was conveyed to the County of Ulster by

Deed dated October 30, 2013 and recorded in the Office of the Ulster County Clerk

on October 31, 2013 as Document Number 2013-00017635 in Volume 5670 of

Deeds at Page 225; and

WHEREAS, the Town of Rosendale wishes to acquire these two (2) parcels of

County-owned property, which were acquired by the County by reason of litigation

commenced by the New York State Attorney General’s Office against the former

Lower Esopus River Watch, Inc., and which had previously been offered at Public

Auction per Court Order on October 16, 2013; and

WHEREAS, the Town of Rosendale intends to utilize these parcels for

municipal purpose and public benefit; and

-Page 2-

Resolution No. 180 May 20, 2014

Authorizing The Chairman Of The Ulster County Legislature To

Convey Two Parcels Of County-Owned Real Property Previously

Owned By The Lower Esopus River Watch, Inc. To The Town Of

Rosendale – Department Of Finance

WHEREAS, New York State General Municipal Law §72-h permits the

Legislature of the County of Ulster to transfer the properties described herein to

another municipality, subject to approval by the Town of Rosendale, either without

consideration or for such consideration and upon such terms and conditions as shall

be approved by the Ulster County Legislature and the Town Board of the Town of

Rosendale; and

WHEREAS, the Ulster County Legislature has determined that the subject

properties are surplus properties that are not needed by the County of Ulster for

County purposes; and

WHEREAS, this conveyance constitutes a Type II action under Section 2.26

of the County of Ulster’s State Environmental Quality Review Act (SEQRA) Type II

List that was adopted in Resolution No. 118 on April 20, 2010; and

WHEREAS, as per Section 3 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 two (2) Town of Rosendale properties known as SBL No. 62.82-2-18 and

SBL 62.2-3-1, and which are intended to be conveyed herein are surplus properties

which are appropriate for conveyance to the Town of Rosendale; and, be it further

RESOLVED, that such property shall be conveyed to the Town of Rosendale

for $1.00 and with the following terms and conditions included in the deed: that the

properties shall be restricted to use for public benefit; and, be it further

RESOLVED, that the Town of Rosendale shall not name the subject

properties after any political figure, in light of the resources used by the County to

acquire the properties from its former owner; and, be it further

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

authorized to execute the Deeds, and any agreements and/or documents regarding

these conveyances including but not limited to a Conveyance and Indemnification

Agreement, in the form as filed with the Clerk of the Ulster County Legislature or as

modified by the County Attorney; and, be it further

-Page 3-

Resolution No. 180 May 20, 2014

Authorizing The Chairman Of The Ulster County Legislature To

Convey Two Parcels Of County-Owned Real Property Previously

Owned By The Lower Esopus River Watch, Inc. To The Town Of

Rosendale – Department Of Finance

RESOLVED, that such conveyances are subject to acceptance and

authorization by the Town of Rosendale; and, be it further

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

and directed to make, execute and deliver to said party, a Quitclaim Deed conveying

the interest of the County in said parcel, which 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

the Town of Rosendale of a conveyance and indemnification agreement, and further

subject to authorization by the Town Board of the Town of Rosendale, upon the

adoption of a duly certified Resolution of that body within ninety (90) days of the

date of approval of this resolution by the County Executive; and be it further

RESOLVED, that failure by the Town of Rosendale to act upon this resolution

within ninety (90) days of the adoption of this resolution shall result in this resolution

being deemed null and void,

and moves its adoption.

 ADOPTED BY THE FOLLOWING VOTE:

 AYES: 22 NOES: 0

 (Absent: Legislator Provenzano)

Passed Committee: Ways and Means on May 14, 2014

FINANCIAL IMPACT:

NONE

-Page 4-

Resolution No. 180 May 20, 2014

Authorizing The Chairman Of The Ulster County Legislature To

Convey Two Parcels Of County-Owned Real Property Previously

Owned By The Lower Esopus River Watch, Inc. To The Town Of

Rosendale – 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 20th Day of May, 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 23rd Day of May 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

23rd Day of May, 2014. 28th Day of May, 2014.

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

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

Ulster County Legislature