NOW, THEREFORE, BE IT RESOLVED, that the Mayor of the City of Hudson is hereby authorized and directed to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provision of Title 9 of the Environmental Protection Act of 1993 or the Federal Land and Water Conservation Fund Act of 1965, in an amount not to exceed $350,000, and upon approval of said request to enter into and execute a project agreement with the state conservation easement/preservation covenant to the deed of the assisted property.
First of all, the resolution calls for a filing of an easement or covenant, but no such easement or covenant has been filed anywhere based on a search of the county and city database, and the deed itself. Secondly, According to the HANDBOOK OF ALIENATION AND CONVERSION OF MUNICIPAL PARKLAND (2017), "land acquired or improved with State Parks grant funding" is subject to restrictions. However, no money at all was spent on the lot on the southern side of Mill Street. Based on these two facts, our attorney, Andrew Howard, sees no problem with proceeding with the sale.
It is not clear whose responsibility it was to "execute a project agreement with the state conservation easement/preservation covenant to the deed of the assisted property" as prescribed in the resolution passed by the Common Council in May 2006. One would think city attorneys would have something to do with it. In 2006, Cheryl Roberts was serving as legal counsel to the Common Council.