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

Archer, Bartels, Lopez, James Maloney, Joseph Maloney, and Petit)

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

Chair Laura Petit offer 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 acquired title to a parcel by Tax Deed filed

in the Office of the Ulster County Clerk on March 11, 2016, as Instrument Number

2016-00003330, being further described in Liber 5987 of Deeds at Page 162, said

parcel being described as follows:

 Parcel #: 141

 Town: SAUGERTIES

 Formerly Assessed to: MITRANY, LEON

 Current Owner: COUNTY OF ULSTER

 SBL#: 016.004-0002-021.000-0000

 Description: 240

 Location: 51 PARNASSUS LANE

 Acreage: 50.48

 Front Foot: 0

 Depth Foot: 0

 Oldest Year of Tax: 2013 G; and

 WHEREAS, it is the policy of the County of Ulster to allow former owners of

parcels taken by County tax foreclosure proceedings to redeem or buy back their

parcels until a few days before the parcels are sold at public auction by the County;

and

 WHEREAS, former owners Leon D. Mitrany and Minnetta Mitrany, his

wife, originally took title to said Parcel #141 by Deed dated May 27, 1983 and

recorded in the Office of the Ulster County Clerk on May 27, 1983, in Liber 1483 of

Deeds at Page 447; and

 WHEREAS, the said Minnetta Mitrany died on November 8, 1996, a resident

of Nassau County, State of New York; and

 WHEREAS, the said Leon D. Mitrany a/k/a Leon Mitrany became the sole

owner of Parcel #141 by operation of law upon the death of his wife; and 

 WHEREAS, Leon D. Mitrany died testate on February 2, 2010, a resident of

Nassau County, New York; and

 WHEREAS, Christopher Rosado, Esq., is an attorney duly licensed to practice

law in the State of New York, with offices at 320 Old Country Road, Suite 103,

Garden City, New York 11530; and

 WHEREAS, the said Christopher Rosado is co-trustee of the “Mitrany Asset

Management Trust”, set up by Leon D. Mitrany on March 1, 2005 to hold his assets:

and

 WHEREAS, the said Christopher Rosado is also Executor of the Estate of

Leon D. Mitrany, Deceased, as duly appointed on March 22, 2011, by the Nassau

County Surrogate’s Court of the State of New York (File No. 2010-360167); and

WHEREAS, on April 28, 2016, the said Christopher Rosado paid the County

of Ulster TWENTY-ONE THOUSAND THREE HUNDRED EIGHTY AND

73/100 ($21,380.73) DOLLARS, from the account of the Mitrany Asset Management

Trust to buy back Parcel #141 from the County’s tax foreclosure on behalf of the

Estate of Leon D. Mitrany; and

 WHEREAS, upon the buy back of said premises, the County of Ulster took

steps to return the property to the former owners, to wit: the County Legislature

adopted Resolution #316 on June 21, 2016, approving the re-conveyance of the

parcel to “Leon Mitrany” and “Minetta Mitrany” (sic), and said Resolution was

signed by the County Executive on June 27, 2016; and

 WHEREAS, real property cannot be conveyed to a party who is dead and

therefore must be conveyed to the deceased person’s heirs, estate or estate

representative, or co-owners of the property, depending on the circumstances; and

 WHEREAS, due to the deaths of both former owners, it is appropriate to reconvey parcel #141 to the Estate of the last surviving tenant by the entirety, that is, to

the Estate of Leon D. Mitrany a/k/a Leon Mitrany; and

WHEREAS, such Deed shall be made, executed and delivered subject to the

condition and covenant that the said County of Ulster shall in no event be or become

liable for any defects in the title so conveyed for any cause whatsoever, or that no

claim or demand of any nature shall ever be made against the said County of Ulster,

arising from such sale or any proceedings leading thereto; 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 the Estate of Leon D. Mitrany a/k/a Leon Mitrany, in

the interests of equity, fairness and good faith; and be it further

 RESOLVED, that the deed to the property be prepared as follows:

and, be it further

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

authorized and directed to make, execute and deliver to said party or his/her/their

authorized representative, a Deed conveying the interest of the County in said Parcel,

which 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,

 GRANTOR GRANTEE RECORD AND

RETURN DEED TO

County of Ulster Estate of Leon D. Mitrany Christopher Rosado

Tax Map Parcel: a/k/a Leon Mitrany 320 Old Country Road

#016.004-0002-021.000-0000 Suite 103

 Garden City, New York

11530

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 move its adoption.

ADOPTED BY THE FOLLOWING VOTE:

AYES: 22 NOES: 0

(Absent: Legislator Collins)

Passed Committee: Ways and Means on February 6, 2018

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 13th Day of February in the year Two Thousand and

Eighteen, 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 14th Day of

February in the year Two Thousand and Eighteen.

|s| Victoria A. Fabella

Victoria A. Fabella, Clerk

Ulster County Legislature

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

15th Day of February, 2018. 23rd Day of February, 2018.

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

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

Ulster County Legislature