AUTHORIZATION TO ACQUIRE THE FEE, REAL PROPERTY OWNED BY OBSIDIAN ML 5, LLC IN CONNECTION WITH THE SIDEWALK IMPROVEMENT PROJECT ON CR62 (MAPLE AVENUE) TOWN OF NORTHEAST, VILLAGE OF MILLERTON

PUBLIC WORKS RESOLUTION NO. 2026040 RE: AUTHORIZATION TO ACQUIRE IN FEE, REAL PROPERTY OWNED BY OBSIDIAN ML 5, LLC IN CONNECTION WITH THE SIDEWALK IMPROVEMENT PROJECT ON CR 62 (MAPLE AVENUE) TOWN OF NORTH EAST, VILLAGE OF MILLERTON Legislators VALDÉS SMITH, ALEXANDER, BRENDLI, DRAGO, LAWLER, RHODES, SHAH and WINSBY offer the following and move its adoption: WHEREAS, the County is the owner of County Route 62 (Maple Avenue) and is responsible for the maintenance and improvement of same, and WHEREAS, by Resolution No. 2024206, Dutchess County assumed lead agency status for a proposed sidewalk improvement project to CR 62 (Maple Avenue), in the Town of North East, Village of Millerton (the "Project"), which Project includes the acquisition of various properties, and WHEREAS, by Resolution No. 2024206, Dutchess County further determined that this Project is classified as an Unlisted Action pursuant to Article 8 of the Environmental Conservation Law and Part 617.6 of the NYCRR (SEQRA) and will not result in significant adverse impacts, and WHEREAS, because the parties reached an impasse in negotiating the purchase of property needed for this Project, this Legislature in Resolution No. 2025167 authorized the Commissioner of Public Works on behalf of Dutchess County to commence condemnation proceedings pursuant to Eminent Domain Procedure Law for the acquisition in fee of real property owned by Obsidian ML 5, LLC located at 97 Route 44, Town of North East, Village of Millerton, described as approximately 1,530.77 +/- square feet, on Map No. 5 of Tax Grid No. 133801-7271-15-504270- 0000, and WHEREAS, despite recelvmg authorization to condemn, the parties continued negotiations regarding the purchase of the needed property, and now Obsidian ML 5, LLC and the Department of Public Works ("DPW") desire to enter an Agreement to Purchase Real Property between the County and the property owner, a copy of which is annexed hereto, and WHEREAS, DPW has recommended that the subject property be purchased for the sum of $20,101.40 plus authorization to spend up to $1,000 in related expenses, if any, and that the terms and conditions of the Agreement be carried forth, now therefore, be it RESOLVED, that the County Executive or her designee is authorized to execute the Agreement to Purchase Real Property in substantially the same form as annexed hereto along with any other necessary documents in connection with this acquisition, and be it further RESOLVED, that upon the receipt from the property owner of an executed Deed to the forementioned land, and such other documents as may be necessary to convey free and clear titl o the County of Dutchess, the County shall pay to the property owner the sum of $20,101.40 an up to $1,000 in related expenses, if any, for such conveyance, and be it further RESOLVED, that the terms and conditions of the aforementioned Agreement to Purchase Real Property be carried out by the Dutchess County Department of Public Works. CA-021-26 AMS/j R-1079-D 02/02/2026 Fiscal Impact: See Attached APPROVED Susem fberino SUSAN J. SERING COUNTY EXECUTIVE Dato Marh 12,2026 STATE OF NEW YORK COUNTY OF DUTCHESS resolution now on file in if office of said erik, and Cent of was adopted by sich gitatue uhc hay or and h a ming haple sanith the ginal correct transcript of said original resolution and of the whole thereof. IN WITNESS WHEREOF; Thave hereunto set my hand and seal of said Legislature this I day of Manh 2026. JULIE SMIROISIT, CLERK OF THE LEGISLATURE Roll Call Sheets District Last Name District 16 - Fishkill and Beacon Valdés Smith District 9 - City of Poughkeepsie Atkins District 20 - Red Hook, Tivoli, and Rhinebeck Munn District 3 - LaGrange Polasek District 12 - East Fishkill District 1 - Town of Poughkeepsie Metzger Redl Amoff YES J District 2 - LaGrange, Pleasant Valley & Town of Poughkeepsie District 4 - Hyde Park and Town of Poughkeepsie District 5 - Town of Poughkeepsie Lawler Shah District 6 - Town of Poughkeepsie Kaul District 7 - Hyde Park and Pleasant Valley Darrow District 8 - City and Town of Poughkeepsie Brendli District 10 - City of Poughkeepsie Johnson District 11 - Clinton, Pleasant Valley, and Rhinebeck Keamney District 13 - East Fishkill and Wappinger Giles District 14 - Wappinger and Town of Poughkeepsie Winsby District 15 - Wappinger Faust District 17 - Town and Village of Fishkill McHoul District 18 - City of Beacon and Fishkill Rhodes District 19 - North East, Stanford, Pine Plains, Milan & Red Hook Drago District 21 - East Fishkill Caswell J District 22 - Beekman and Union Vale Tresca District 23 - Pawling, Beekman and East Fishkill Rolison District 24 - Dover and Pawling House District 25 - Amenia, Washington, Pleasant Valley & Millbrook Alexander Resolution: 5 Total: Motion: Atkn. / Munn NO absent absent absent absent absent Present: Absent: Vacant: 10 Yes Abstentions: — No CONSENT AGENDA 2026025 - Bond Resolution Dated March 9, 2026 2026031 - Amending the 2026 Adopted County Budget (Opioid Settlement Fund) 2026032 - Amending the 2026 Adopted County Budget (OSF - Assisted Outpatient Treatment 2026036 - Authorizing Amendment of Funding Under Trade Adjustment Act 2026040 - Acquire Real Property Owned by Obsidian 2026041 - Maintenance Agreement with Town of Amenia and Harlem Valley Rail Trail 2026042 - Persons Required to File and Annual Statement of Financial Disclosure SUE SERINO COUNTY EXECUTIVE ROBERT H. BALKIND, PE. COMMISSIONER DAVID C. WHALEN DEPUTY COMMISSIONER DUTCHESS COUNTY GOVERNMENT DEPARTMENT OF PuBLIC WORKS MEMORANDUM TO: Robert H. Balkind, P.E., Commissioner FROM: Matthew W. Davis, Assistant Civil Engineer 1 MD DATE: January 22, 2026 RE: RESOLUTION REQUEST TO ACQUIRE IN FEE, REAL PROPERTY OWNED BY OBSIDIAN ML 5, LLC IN CONNECTION WITH THE SIDEWALK IMPROVEMENT PROJECT ON CR 62 (MAPLE AVENUE) TOWN OF NORTH EAST, VILLAGE OF MILLERTON, DUTCHESS COUNTY, NY The Department of Public Works is seeking authorization to acquire in fee a 1,530.77 +/- square toot parcel of real property described on Map 5, Parcel 5, for the purchase price of $20,101.40. This fee parcel is a portion of the property located at 97 Route 44, Millerton, NY 12546, with the parcel number (133801-7271-15-504270-0000) The subject project is an Unlisted Action pursuant to 617.6 of the State Environmental Review Act (SEQRA) and will not result in any significant adverse impacts. 626 Dutchess Turnpike, Poughkeepsie, New York 12603 | (845) 486-2085 | www.dutchessny.gov FISCAL IMPACT STATEMENT NO FISCAL IMPACT PROJECTED APPROPRIATION RESOLUTIONS (To be completed by requesting department) Total Current Year Cost $ 20,101 Total Current Year Revenue $ and Source Source of County Funds (check one): Existing Appropriations, •Contingency, •Transfer of Existing Appropriations, • Additional Appropriations, • Other (explain). Identify Line Items(s): Related Expenses: Amount $ Nature/Reason: Anticipated Savings to County: Net County Cost (this year): $20,101 Over Five Years: Additional Comments/Explanation: RESOLUTION REQUEST TO ACQUIRE IN FEE, REAL PROPERTY OWNED BY OBSIDIAN ML 5, LLC IN CONNECTION WITH THE SIDEWALK IMPROVEMENT PROJECT ON CR 62 (MAPLE AVENUE) TOWN OF NORTH EAST, VILLAGE OF MILLERTON, DUTCHESS COUNTY, NEW YORK Prepared by: Matthew W. Davis MD Prepared On: 112212647 Dur par AGREEMENT TO PURCHASE REAL PROPERTY Project: SIDEWALK IMPROVEMENTS, CR 62 (MAPLE AVENUE) TOWN OF NORTH EAST, VILLAGE OF MILLERTON, DUTCHESS COUNTY, NEW YORK This Agreement by and between OBSIDIAN ML 5, LLC, a Delaware Limited Liability 1. PROPERTY DESCRIPTION. The Seller agrees to sell, grant, convey, all right, title Parcel 5, attached hereto. Being a portion of those same lands described in that certain deed dated May 15, 2023 and recorded August 28, 2023 as Document Number 02 2023 2634, in the Office of the County Clerk for Dutchess County, re: Parcel Number (133801-7271- 15-504270-0000). 2. IMPROVEMENTS INCLUDED IN THE ACQUISITION. The following improvements, if any, now in or on the property are included in this Agreement: Lawn area and five deciduous trees. 3. ADMINISTRATIVE SETTLEMENT AMOUNT. $1,827.40 4. PURCHASE PRICE. The total purchase price is TWENTY THOUSAND ONE HUNDRED ONE AND 40/100 DOLLARS ($20,101.40). This price includes the real property described in paragraph 1, the improvements described in paragraph 2 and the administrative settlement amount in paragraph 3. 5. TITLE DOCUMENTS. Buyer shall provide the following documents in connection with the sale: described in paragraph 1 above. Buyer will pay for a title search. and approve all proposed curative actions. Such curative action is defined as the effort required to clear title, including but not limited to attending meetings, document Seller agrees to easonably cooperate with Buyer in Buyer's curative action activities. The Selle shall be responsible for the cost to satisfy liens and mortgages created by the Selle and identified by the Buyer, provided such liens do not exceed Five Thousand Dollars ($5,000.00). paragraph 3 and paid to the appropriate party by the Buyer at the time of closing. In the alternative, the Seller, at Seller's sole discretion, may elect to satisfy the liens and mortgages created by Seller from another source of funds or dispute the validity of such liens. 7. RECORDING COSTS AND CLOSING ADJUSTMENTS. Buyer will pay all recording fees, if any. The following, as applicable and as deemed appropriate by the Buyer, will be prorated and adjusted between Seller and Buyer as of the date of closing: current property taxes computed on a fiscal year basis, excluding delinquent items, interest and penalties; current common charges or assessments. 8. RESPONSIBILITY OF PERSONS UNDER THIS AGREEMENT; ASSIGNABILITY. The stipulations aforesaid shall bind and shall inure for the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto. 9. ENTIRE AGREEMENT. This Agreement when signed by both the Buyer and the Seller will be the record of the complete Agreement between the Buyer and Seller concerning the purchase and sale of the property. No verbal agreements or promises will be binding 10. BUYER'S POSSESSION OF THE PROPERTY. For fee simple acquisitions and permanent and temporary easements, the Buyer shall have possession of the property rights on the day payment is received by the Seller. Any closing documents received by the Buyer prior to payment pursuant to paragraph 4 above, shall be held in escrow until such payment has been received by the Seller or the Seller's agent. 11. NOTICES. All notices under this agreement shall be deemed delivered upon receipt provided proper notice addresses are maintained. 12. CLOSING DATE AND PLACE. Transfer of title shall take place through the mail. This Agreement may be subject to the approval of the Dutchess County Legislature. 13. COUNTERPARTS. SIGNATURES TRANSMITTED BY ELECTRONIC MEANS. This Agreement may be executed in any number of counterparts, all of which taker together shall constitute one Agreement, and any of the parties hereto may execute this Agreement by signing any such counterpart. A facsimile of signature transmitted by electronic means applied hereto or to any other document shall have the same and effect as a manually signed original. This provision contemplates giving legal force and effect to copies of signatures. This provision dose not contemplate the use of "electronic signatures" as regulated by New York State Technology Law Article 3 "Electronic Signatures and Records Act." IN WITNESS WHEREOF, on this parties have entered into this Agreement. day of 2026, the APPROVED AS TO FORM: Department of Law SELLER: _ Authorized Agent Print Name: Title: APPROVED AS TO CONTENT: Department of Public Works COUNTY ROUTE 62 (MAPLE AVENUE) SIDEWALK IMPROVEMENTS 'EXHIBIT A' COUNTY OF DUTCHESS DEPARTMENT OF PUBLIC WORKS PIN N/A OBSIDIAN ML JOCUMENT• 02-2023-2634 Type: FFE Portion of Real Property Tax arcal ID N 33801-7271-15-504270-000 • CB6 DOCK SPIKE STA. 3B +63.45 N: 1138246.9507 E: 762536.7536 47.32÷FT 20°34•26" MAPLE AVE COUNTY ROUTE 62 REEN 2022 SURVEr BASELINE NI1°0325"E 8 STA. 37+02.69 9.44÷FT 5 65°30'56" E 10.42+FT ฿ STA, 37-00.28 19.57 F T S 18°45'12" W 31.35÷F T ฿ STA. 36+69.21 HOTEL BOUNDARE BE NSF THUS 755" Sorry BAL. STA. P.O.B. 36,56.02 .61-FT Si 27.41 +Fi B STA. 36+43.39 25.94+FT 1906 Ha. 201. LN 83°25:30 # 137.10÷FT MILLERTON - STATE LINE SM. NO. 1778. (ROUTE 44) C85 DOCK SPIKE STA. 35+80.45 N: 1137969.1999 E: 762482.4782 PREMED 3T • DECED 6 TINE PACE ET LAP NO. WESTBOROUGH, MA, 15810 R=11.50= L= 31.52: 3 STA. 36+49.44 34.39÷F 7 $ 84°25'50" E 45.46+FT I33HS OBSIDIAN ML 5, LLC (REPUTED OWNER) 7 ROUTE 4 ,530.77 SQ. F1 MAP NUMBER REVISED DATE DATE PREPARED 08/09/2024 COUNTY ROUTE 62 MAPLE AVENUE: SIDEWALK IMPROVEMENTS and fior the offices of m through 31 the offices o Dutchess County Deportment of Public Works. Type: FFE Portian of Real Property Tax arcel 10 No. 33801-7271-15-504270-000 EXHIBIT A' COUNTY OF DUTCHESS DEPARTMENT OF PUBLIC WORK! PIN N/A OBSIDIAN ML S. LLC (REPUTED OWNERS) DOCUMENT• 02-2023-2634 LAP NO. 5 OBSIDIAN ML S. LLI REPUTED OWNER 97 ROUTE 44 1,530.77 SQ FT: ฿ STA. 36+53.79 79.64+F T FEE S 84°25'50" E 45.46:FT S 94° 04'58• E 83.04÷F tF: & STA. 36+61.23 :62.35=F7 S 08°52'27" w 7.13+Ft MATCH TO SHEET I - DOC ASS & STA. 36+54.11 162.62÷FT MILLERTON - STATE UNE. SH. NO. 1778. (ROUTE 44) in PaveMay MAP NUMBER REVISED DATE DATE PREPARED 08/09/2021 _ TRAL DECE B1 COUNTY ROUTE 62 (MAPLE AVENUE) SIDEWALK IMPROVEMENTS 'EXHIBIT A' COUNTY OF DUTCHESS DEPARTMENT OF PUBLIC WORKS PIN N/A MAP NO. 5 SHEET OF S Mop of property nich the Commissioner of Pubic Borks deems necessory to be acquired in the nome of Dutcness in fee acquisition, for purposes connected with thi system of the Counture Durenass, pursuent to Section 11B ofithe Highway Low and the Eminent bemoh ALL THAT PIECE OR PARCEL OF NILLERTON, COUNTY OF DUTCHESS. DUTCHES, STATE OF NEW MORE AS SHOWN ON THE ACCOMPANYING MAN AN DESCRIBED AS FOLLOBST BEGINS NG ERSE TON ON THE EASTERLY BOUNDARY OF COUNT ROUTE ARE SUED SIT POINT BEN ITS INTERSECTION WITH THE 1.61 FT DISTANT EASTERLY NEASURED AT RIGHT ANGLES FROM STATICH SURVEY BASELINE FOR COUNTY ROUTE 62 36+56.02 OF THE HEREINAFTER DESCRIBED (MAPLE AVENLE) SIDEWALK IMPROVEMENTS: THENCE NORTH 200-34-26 EAST ALONG THE LAST MENTIONED EASTERLY BOLIDARY OF COUNTY ROUTE 62 DIAPLE AVENUES 47.32:FT TO A STATION 35•80.45: THENCE NORTH 11°-03-25" ALL BEARINGS REFERREC TO TRUE NORTH 4T THE 74°-30 MERIDIAN OF NEST LONGITUDE. Sorel neer roperty DOTe JAS: 30 Plut 3llul Commissioner of oic Marks - 2025 a bearing treated and surveyar s seal is a violation State Education Low 1 nereby certify thot this mop is or occurote doscription and map mode Inder my direction survey, prepared Date January Jo _ 2025 ENSED 0S0312 LAND SU J Engineering. Architecture _ Ondscape Architecture ond Li corporate orie P.C. Corporate CEfton Pork, NY |2065 MAP NUMBER REVISED DATE DATE PREPARED 0B/09/2024 59218 Public Works and Capital Projects Roll Call District Name Yes No District 16 - Fishkill and Beacon Valdés Smith* X District 9 - City of Poughkeepsie Atkins* X District 20 - Red Hook, Tivoli, and Rhinebeck Munn* X District 3 - LaGrange Polasek* X District 12 - East Fishkill Metzger* X District 6 - Town of Poughkeepsie Kaul X District 8 - City and Town of Poughkeepsie Brendli (C) X District 10 - City of Poughkeepsie Johnson ABSENT District 14 - Wappinger and Town of Poughkeepsie Winsby X District 18 - City of Beacon and Fishkill Rhodes (VC) X District 22 - Beekman and Union Vale Tresca X District 24 - Dover and Pawling House X 11 Present: ____ 1 Absent: ____ Vacant: ____ Resolution: ____ Motion: ____ 11 Total : ______ ______ Yes No Abstentions: _____ 2026040 AUTHORIZATION TO ACQUIRE IN FEE, REAL PROPERTY OWNED BY OBSIDIAN ML 5, LLC IN CONNECTION WITH THE SIDEWALK IMPROVEMENT PROJECT ON CR 62 (MAPLE AVENUE) TOWN OF NORTH EAST, VILLAGE OF MILLERTON Roll Call Sheets District Last Name YES NO District 16 - Fishkill and Beacon Valdés Smith District 9 - City of Poughkeepsie Atkins District 20 - Red Hook, Tivoli, and Rhinebeck Munn District 3 - LaGrange Polasek District 12 - East Fishkill Metzger District 1 - Town of Poughkeepsie Redl District 2 - LaGrange, Pleasant Valley & Town of Poughkeepsie Arnoff District 4 - Hyde Park and Town of Poughkeepsie Lawler District 5 - Town of Poughkeepsie Shah District 6 - Town of Poughkeepsie Kaul District 7 - Hyde Park and Pleasant Valley Darrow District 8 - City and Town of Poughkeepsie Brendli District 10 - City of Poughkeepsie Johnson District 11 - Clinton, Pleasant Valley, and Rhinebeck Kearney District 13 - East Fishkill and Wappinger Giles District 14 - Wappinger and Town of Poughkeepsie Winsby District 15 - Wappinger Faust District 17 - Town and Village of Fishkill McHoul District 18 - City of Beacon and Fishkill Rhodes District 19 - North East, Stanford, Pine Plains, Milan & Red Hook Drago District 21 - East Fishkill Caswell District 22 - Beekman and Union Vale Tresca District 23 - Pawling, Beekman and East Fishkill Rolison District 24 - Dover and Pawling House District 25 - Amenia, Washington, Pleasant Valley & Millbrook Alexander X X X ABSENT X X X X X X X X ABSENT X X X X X X X X X ABSENT ABSENT ABSENT 20 Present: ____ 5 Absent: ____ Vacant: ____ Resolution: ____ Motion: ____ 20 Total : ______ ______ Yes No Abstentions: ____ CONSENT AGENDA: AMEND SOMETHING PREVIOUSLY ADOPTED (JANUARY 20, 2026 BOARD MEETING MINUTES); RESOLUTION 2026025, 031, 032, 036, 040, 041, 042