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

Allen, Bartels, Belfiglio, Briggs, Maio, and Maloney)

Legislator James H. Delaune offers 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, by deed recorded on March 31, 1971, in the Office of the Ulster

County Clerk in Liber 1256 of Deeds at Page 602, a 10 Acre parcel in the Town of

New Paltz , bounded on the East by the Black Creek and on the West by lands of

Liuni, was conveyed to Anthony Alessi; and

 WHEREAS, by 1981, Anthony Alessi still owned 3.80 Acres remaining from

the original 10 Acre parcel; and

 WHEREAS, the 1981 Assessment Roll for the Town of New Paltz shows an

entry for a 3.80 Acre parcel on Black Creek Road against the name, “Alessi,

Anthony”, said parcel being further described as Section-Block-Lot (“SBL”)

#079.001-03-37.000 (hereinafter referred to as the “Parcel”); said entry had no deed

reference; and

 WHEREAS, said 1981 Assessment Roll entry shows Anthony Alessi’s billing

address as “c/o Joseph Alessi, N. Elting Cor Rd, Highland, NY 12528”; and

 WHEREAS, said 1981 Assessment roll entry shows that the real property tax

assessed against the Parcel was not paid; and

 WHEREAS, the 1985 assessment roll for the Town of New Paltz shows an

entry for a 3.80 Acre parcel with SBL #079.001-03-37.000, assessed to “Alessi,

Joseph & Others” with deed reference as Liber 1187 of Deeds at page 699; this deed

reference was in error since the reference is to a 1966 deed that preceded Anthony

Alessi’s 1971 deed in the chain of title for the Parcel; and

 WHEREAS, the 1985 Assessment Roll for the Town of New Paltz contains

an incorrect entry for the Parcel, and at that time it was still owned by Anthony

Alessi and the deed reference for conveyance to him was Liber 1256 of Deeds at

Page 602; and 

 WHEREAS, a search of the public land records of the Ulster County Clerk’s

Office does not show any conveyance of the Parcel by Anthony Alessi between 1971

and October 1985; and

 WHEREAS, by deed dated October 1, 1985, and recorded in the Office of the

Ulster C

 WHEREAS, Anthony Alessi conveyed his interest in the Parcel to Albert

Liuni and Rose K. Liuni by Quitclaim Deed, which was recorded on July 9th, 1986, in

the Office of the Ulster County Clerk in Liber 1619 of Deeds at Page 149; and

 WHEREAS, the successors in title of Albert and Rose K. Liuni are unable to

convey clear title to the Parcel because there is no evidence that a deed conveying the

Parcel from the County to Anthony Alessi was recorded in the Office of the Ulster

County Clerk; and

 WHEREAS, the County, on the condition that the outstanding real property

taxes on the Parcel from 1981 to 1985 in the amount of one thousand three hundred

seven dollars and fifty cents ($1,307.50) be paid by or on behalf of Anthony Alessi,

has agreed to issue a Confirmatory Quitclaim Deed to Anthony Alessi; 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 1of the County’s Type II List, this action does not

pose a significant potential environmental impact and may be processed 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 Anthony Alessi 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 Anthony Alessi Anthony Alessi

Tax Map Parcel # 79.001-03-37 c/o John Wadlin, Esq.

 P.O. Box 3356

 Kingston, New York 12402 

and, be it further

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

to make, execute and deliver to said party or his authorized representative, 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 this conveyance is subject to the payment of the outstanding

taxes due on the property in the amount of one thousand three hundred seven dollars

and fifty cents ($1,307.50) to the County; and it is further

 RESOLVED, that such conveyance is subject to acceptance and execution by

Anthony Alessi, or his authorized representative, of a conveyance and

indemnification agreement, and it is further

 RESOLVED, that Anthony Alessi, or his authorized representative, shall have

90 days from the date of this Resolution to pay the taxes owed in the amount of one

thousand three hundred seven dollars and fifty cents ($1,307.50) to the County, and

to sign all necessary documents in order to record the Deed from the County with the

Office of the Ulster County Clerk, or this Resolution shall become null, void and of

no effect;

and move its adoption.

ADOPTED BY THE FOLLOWING VOTE:

AYES: 22 NOES: 0

(Absent: Legislator Loughran)

Passed Committee: Ways and Means on December 13, 2016

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 20th Day of December in the year Two Thousand

and Sixteen, 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 21st Day of

December in the year Two Thousand and Sixteen.

|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 December, 2016. 28th Day of December, 2016.

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

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

Ulster County Legislature