 | RESOLUTION NO. 104 of 2014 DATED: April 22, 2014 |
RESOLUTION APPROVING REAL ESTATE AND EQUIPMENT TRANSACTIONS IN CONNECTION WITH THE DISSOLUTION OF MOSA AND AUTHORIZING COUNTY EXECUTIVE TO EXECUTE NECESSARY DOCUMENTS
| Seconded by: | Wheeler |
WHEREAS, in connection with the dissolution of the Montgomery Otsego Schoharie Solid Waste Management Authority (MOSA), certain real estate transfers are required by the State legislation, including transfer of the transfer station properties to the respective counties within which they are located; and transfer of the closed landfills to Montgomery, Otsego and Schoharie Counties (the three counties) jointly; and
WHEREAS, said legislation also authorizes the transfer of the equipment located at the transfer stations to the respective counties wherein said transfer stations are located, and authorizes the transfer of other equipment as the three counties shall agree, said agreement being a transfer of all landfill equipment to the three counties jointly; and
WHEREAS, MOSA has requested that the three counties give formal approval to the proposed real estate and equipment transfers; and
WHEREAS, because Otsego County's Northern transfer station and C&D Landfill are both located on the same real estate parcel and Montgomery County's Western transfer station and Central Landfill are similarly both located on the same real estate parcel, the three counties have agreed to take title to these parcels jointly with a leaseback of the transfer station footprints, with appropriate easements, to Otsego County and Montgomery County respectively;
RESOLVED, the Montgomery County Legislature hereby approves the following transactions:
1. Quitclaim deeds from MOSA to:
A. Three counties jointly regarding the property known as Eastern Landfill in Montgomery County
B. Three counties jointly regarding the property known as Central Landfill and Western Transfer Station in Montgomery County
C. Three counties jointly regarding the property known as C&D Landfill and Northern Transfer Station in Otsego County
D. Montgomery County regarding the property known as Amsterdam Transfer Station in Montgomery County
E. Otsego County regarding the property known as Oneonta Transfer Station in Otsego County
F. Schoharie County regarding the property known as Schoharie Transfer Station and Administration Building in Schoharie County
2. Leases from the three counties to:
A. Otsego County regarding the Northern Transfer Station portion of the parcel for use as a transfer station by Otsego County, with appropriate easements for ingress and egress for all parties, for no consideration
B. Montgomery County regarding the Western Transfer Station portion of the parcel for use as a transfer station by Montgomery County, with appropriate easements for ingress and egress for all parties, for no consideration;
RESOLVED, that the Montgomery County Legislature approves the transfer of the equipment located at the transfer stations to the respective counties wherein said transfer stations are located, and authorizes the transfer of all equipment associated with the landfill maintenance as well as any other non-transfer station equipment to the three counties jointly;
RESOLVED, the Montgomery County Legislature hereby authorizes the County Executive to sign any and all documents required to facilitate these transactions and such deeds, leases and bills of sale for equipment shall contain such other terms and conditions as are in the best interests of the County.
RESOLUTION VOTE, passed with Aye(9). (4/22/2014)
County Attorney |
| cc: | County Clerk County Treasurer |
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