BROOK REPLACEMENT PROJECT IN THE TOWN OF DOVER

PUBLIC WORKS AND CAPITAL PROJECTS RESOLUTION NO.2025168 RE: AUTHORIZING CONDEMNATION PROCEEDING TO ACQUIRE A TEMPORARY EASEMENT ON REAL PROPERTY FROM SWIFT CEMETERY PLOT IN CONNECTION WITH CULVERT (D-06) CHESTNUT RIDGE ROAD (CR-23) OVER STONY BROOK AND CULVERT (D-07) HALLS CORNERS ROAD (CR 24) OVER STONY BROOK REPLACEMENT PROJECT IN THE TOWN OF DOVER Legislators METZGER, HOUSTON, PAOLONI, D'AQUANNI, and GORMAN offer the following and move its adoption: WHEREAS, the Department of Public Works ("DPW") has proposed replacement of Culverts D-06 located on Chestnut Ridge Road (CR-23) over Stony Brook and D-07 Halls Corners Road (CR24) over Stony Brook, Town of Dover, which project includes the acquisition of various portions of real property (the "Project"), and WHEREAS, DPW has determined that this Project is classified as a Type II action pursuant to Article 8 of the Environmental Conservation Law and Part 617.5(c) (2) of the NYCRR (SEQR) and as such no further action is required, and WHEREAS, DPW has made a determination that in order to complete the Project referenced above, it is necessary to acquire a temporary easement over real property from Swift Cemetery Plot, located at 767 Chestnut Ridge Road, Town of Dover, described as approximately 1,084.31 +/- square foot parcel, Map No. 1, Parcel No. 1 of Tax Grid No. 132600- 6963-00-242169-0000, and WHEREAS, ownership of the cemetery is undetermined and there is no known mailing address, therefore authorization is requested to begin Eminent Domain Proceedings to acquire the temporary easement over the portion of property from Swift Cemetery Plot, and WHEREAS, it is now necessary for this Legislature to authorize the commencement of proceedings pursuant to the Eminent Domain Procedure Law for the acquisition of said temporary easement as follows: Name Swift Cemetery Plot Map Nos. 1 Parcel Nos. 1 Area sq. ft 1,084.31 +/- Proffered Amount $325 now therefore, be it RESOLVED, that the Commissioner of Public Works on behalf of Dutchess County be and is hereby authorized and empowered to commence proceedings against Swift Cemetery Plot pursuant to the Eminent Domain Procedure Law for the acquisition of a temporary easement over the above property in furtherance of the replacement of Culverts D-06 located on Chestnut Ridge Road (CR-23) over Stony Brook and D-07 Halls Corners Road (CR24) over Stony Brook, Town of Dover, Dutchess County, New York. CA-109-25 AMS/rjw R-1089-B 09/08/25 Fiscal Impact: See Attached APPROVED Sue Sriro COUNT EXECUTE Dono 10/16/25 STATE OF NEW YORK SS: COUNTY OF DUTCHESS This is to certify that I, the undersigned Clerk of the Legislature of the County of Dutchess, have compared the foregoing resolution with the original resolution now on file in the office of said clerk, and which was adopted by said legislature on the 14d day of October 2025, and that the same is a true and correct transcript of said original resolution and of the whole thereof. IN WITNESS WHEREOF, I have hereunto set my hand and scal of said Legislature this 14i day of October 2025. FISCAL IMPACT STATEMENT NO FISCAL IMPACT PROJECTED APPROPRIATION RESOLUTIONS (To be completed by requesting department) Total Current Year Cost $ 325 Total Current Year Revenue $ and Source Source of County Funds (check one): Existing Appropriations, •Contingency, LI Transter of Existing Appropriations, • Additional Appropriations, L Other (explain). Identify Line Items(s): Related Expenses: Nature/Reason: Amount $ Anticipated Savings to County: Net County Cost (this year): $325 Over Five Years: Additional Comments/Explanation: RESOLUTION REQUEST TO BEGIN CONDEMNATION PROCEEDINGS TO ACQUIRE TEMPORARY EASEMENTS FROM SWIFT CEMETERY PLOT IN CONNECTION WITH THE CULVERT (D-06) CHESTNUT RIDGE ROAD (CR 23) OVER STONY BROOK AND CULVERT (D-07) HALLS CORNERS ROAD (CR 24) OVER STONY BROOK, REPLACEMENT PROJECT, TOWN OF DOVER, DUTCHESS COUNTY, NEW YORK Prepared by: Matthew W. Davis Prepared On: 8/26/25 Dut pdf AGREEMENT TO PURCHASE REAL PROPERTY Project: CULVERT (D-06) CHESTNUT RIDGE ROAD (CR 23) OVER STONY BROOK AND CULVERT (D-07) HALLS CORNERS ROAD (CR 24) OVER STONY BROOK, REPLACEMENT PROJECT, TOWN OF DOVER, DUTCHESS COUNTY, NEW YORK This Agreement by and between SWIFT CEMETERY PLOT, with an address of 767 Chestnut Ridge Road, Dover Plains, NY10280, hereinafter referred to as "Seller", and the COUNTY OF DUTCHESS, with offices at 22 Market Street, Poughkeepsie, New York, 12601 hereinafter referred to as "Buyer. 1. PROPERTY DESCRIPTION. The Seller agrees to sell, grant, convey, a temporary easement to 1,084.31+/- square feet of real property. Purchase Price: $325.00 Located at 767 Chestnut Ridge Road, Dover Plains, NY 10280, being further described on Map 1, Parcel 1, attached hereto. Being a portion of those same lands with the Dutchess County Parcel Identification Number (132600-6963-00-242169-0000). 2. TEMPORARY EASEMENT USE. The temporary easement shall be exercised for the purpose of access and constructing or reconstructing a box culvert together with all appearances. 3. TERM OF TEMPORARY EASEMENT. The term of the temporary easement shali be for two (2) years. The commencement date may be up to nine (9) months after the date of execution of the temporary easement. If required, the temporary easement may be extended as agreed to by both the Seller and Buyer. 4. IMPROVEMENTS INCLUDED IN THE PURCHASE. The following improvements, if any, now in or on the property are included in this Agreement: None 5. PURCHASE PRICE. The total purchase price is THREE HUNDRED TWENTY FIVE AND 00/100 DOLLARS ($325.00). This price includes the real property described in paragraph 1 and the improvements described in paragraph 2 if any. 6. THE PARTY OF THE SECOND PART is required to restore the property of the party of the first part that is disturbed as a result of construction personnel or equipment access to the condition that it was on the date of the execution of the temporary easement, to the extent reasonably possible. 7. THE PARTY OF THE FIRST PART AND ITS HEIRS, SUCCESSORS AND/OR ASSIGNS shall not be liable for personal injury or property damage caused by the carelessness, negligence or conduct of the party of the second part, its employees, contractors, invitees or agents in the use of the Easement Premises in connection with this temporary easement. The party of the second part agrees to defend, indemnify and hold harmless the party of the first part, its successor's and assigns from any and all claims and damages caused directly by the existence of this temporary easement, the use and occupancy by the party of the second part of the easement premises, or the acts of party of the second part, its agents, employees or 8. THE CONTRACTOR hired by the party of the second part shall maintain in effect during the term of this temporary easement, general liability insurance coverage to cover the work being done on the property that is the subject of the temporary easement. The party of the first part shall be listed as additional insured on the contractor's certificate of insurance. 9. TITLE DOCUMENTS. Buyer shall provide the following documents in connection with the sale: A. Deed. Buyer will prepare and deliver to the Seller for execution at the time of closing all documents required to convey the real property interests) described in paragraph 1 above. Buyer will pay for a title search. 10. MARKETABILITY OF TITLE. Buyer shall pay for curative action, as deemed necessary by the Buyer, to insure good and valid marketable title in fee simple and/or permanent easement to the property. Such curative action is defined as the effort required to clear title, including but not limited to attending meetings, document preparation, obtaining releases and recording documents. Seller agrees to cooperate with Buyer in its curative action activities. The Seller shall be responsible for the cost to satisfy liens and encumbrances identified by the Buyer. Said cost shall be deducted from the amount stated in paragraph 3 and paid to the appropriate party by the Buyer at the time of closing. In the alternative, the Seller may elect to satisfy the liens and encumbrances from another source of funds. 11. 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 taxes computed on a fiscal year basis, excluding delinquent items, interest and penalties; rent payments; current common charges or assessments. 12. RESPONSIBILITY OF PERSONS UNDER THIS AGREEMENT; ASSIGNABILITY. The stipulations aforesaid shall bind and shall inure to the benefit of the heirs executors, administrators, successors and assigns of the parties hereto 13. 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. 14. 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. 15. NOTICES. All notices under this agreement shall be deemed delivered upon receipt. Any notices relating to this Agreement may be given by the attorneys for the parties. 16. CLOSING DATE AND PLACE. Transfer of title shall take place through the mail or at a mutually acceptable location. This Agreement may be subject to the approval of the Dutchess County Legislature. 17. COUNTERPARTS. SIGNATURES TRANSMITTED BY ELECTRONIC MEANS. This Agreement may be executed in any number of counterparts, all of which taken 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 _ entered into this Agreement. day of 2025, the parties have APPROVED AS TO FORM: SELLER: Swift Cemetery Plot Department of Law Print Name: Title:_ APPROVED AS TO CONTENT: Department of Public Works BUYER County of Dutchess Print Name: Title: REPLACEMENT OF CULVERT D-06 COUNTY ROUTE CHESTNUT RICE ROADI Originals of this map (sheets 1 & 21 are on flle at the offices of the Dutchoss County Deportment of Public Works. Parcel ID No 132600-6963-00-242169-0000 IRUE NORTH AT THE 74°30 MERIDIAN OF WEST LONGITUDE 'EXHIBIT A' COUNTY OF DUTCHESS DEPARTMENT OF PUBLIC WORKS PIN H/A SWIFT CEMETERY PLOT (REPUTED OWNER) DOCUMENT* N/A MILLBROOK EQUESTRIAN FARM, INC. (REPUTED OWNER) T79 CHESTNUT RIDGE RO 10180) MAP NO. 1 PARCEL NO. 1 SHEET 1 Of 2 REPUTED OWNER: SWIFT CEMETERY PLO MAILING ADDRESS N/ TE § STA. CR 12+54.59 34.26+FT S 30°01'12" W 54.20+FT SWIFT CEMETERY PLOT (REPUTED OWNER) 767 CHESTNUT RIDGE RD 1,084.31 SQ. FT* OF WHICH 253.70 SQ. FT+ IS UNDERWATER. ฿ STA. CR 12+00.79 40.83+FT S 37°17'37" E 21.95+FT ฿ STA. CR 11+89.94 21.76+FT SUS, GPS1 MAG NAIL STA. CR 10+00.00= STA. HC 10+00.00 N: 1056912.5760 E: 730239.9357 CPSZ DOCK SPIKE STA. CR 13+38.3 N: 1057223.9190 E: 730372.4491 .B 2+00 CR 12+41.10 15.09+FT HALAN FUNE RA OF PROPOSED IMPROVEMENT CHESTNUT RIDGE ROAD GRASS Hв..... COUNTY PD. BOY. THE A SURE REL 12+00 i+00/ N 30°29'09" E 51.60+FT "BASELINE SURVEY N23° 03'20"E- 2022 COUNTY ROUTE 23 WREA GUIDE RAIL 2022 PRIMARY CONTRO GRASS 1283 15045 COSITI 0·00 PREMENE EDE CPS2 STA. CR 13+38.37 * VERTKEXSTTALT FROM IATERSECTION SCHUSTLE CE NAMES COOTER 20D0 HYSPCS {AS: NAD 33/2011 20 20 40 FT SCALE 1"=20' MAP NUMBER REVISED DATE DATE PREPARED 12/23/2024 DEDITO RT REPLACEMENT OF CUL VERT D-06 COUNTY ROUTE 23 (CHESTNUT RIDGE ROAD) 'EXHIBIT A' COUNTY OF DUTCHESS DEPARTMENT OF PUBLIC WORKS PIN K/A MAP NO. 1 PARCEL NO. 1 SHEET 2 OF 2 Eminent Domain Procedure Lov. PARCEL RESTORATION IN CONNECTION WITH THE REPLACEMENT OF W'IN CONNECTION WITH THE REPLACEMENT SF UVERT 06, COUNTY ROUTE 23 CHESTNUT RIO CUL VERT D-06. ROAD TO RECONSTRUCT AND SLOPES TO MEET GRASS SURFACE, AND PLACEMENT OF TEMPORAR EROSION AND SEDIMENT CONTROL MEASURES FOR THE SURIN THIS PROJECT; DESCRIBED AS FOLLONS: INTERSECTION OF SAID BOUNDARY WITH THE DIVISION LINE BETWEEN THE PROPERTY O REPUTED OWNER ON THE SOUTHWEST AND THE ON THE NORTHEAST. SAID POINT BEING COMINGE THE POINT OF BECA FRETS UNCERNATER. IS NECESSARY TO EFFECTUATE ITS PURPOSES FOR, PE CONSTRUCTION ARD AS 50 CONSTRUCTED OR RESTRUCTED, THE MAINTENANCE, OF THE HEREIN IDENTIFIED THE VERY 0E, COMEDY SOUVE 2 SEREST NUT ROGE ROADS AND IS DESCRIBED AS FOLLO MOR THE REPLACEMENT OF BEGINNING AT STATION CR 10+00.00= HC 10+00.00, THENCE NORTH 23°03:20" EAST TO STATION CR 13+38.37. ALL BEARINGS REFERRED TO TRUE NORTH AT THE 740-30° MERIDIAN OF WEST LONGITUDE. this pr thot the property and the for acquisition Date Jes 7 - 2025 elst Bial Robert H. Batind, Uoic Works ommissioner OFNER 6. MALIN 050314 LIND SUR Date Jonvery! 2025 195. one No: 050sL and Survoyar 1 Engineering, Architectur ndsecoe Architecture o E For oN M 12055 NAP NUMBER REVISED DATE DATE PREPARED 12/23/2024 PRICO ST.... FURL DECK BY Public Works and Capital Projects Roll Call District Name District 7 - Hyde Park and Pleasant Valley Truitt* District 25 - Amenia, Washington, Pleasant Valley & Millbrook Houston* District 3 - LaGrange Polasek* District 16 - Fishkill and Beacon Valdés Smith* District 9 - City of Poughkeepsie Atkins* District 1 - Town of Poughkeepsie Gorman District 10 - City of Poughkeepsie Johnson (VC) District 12 - East Fishkill Metzger (C) District 13 - East Fishkill and Wappinger Paoloni District 15 - Wappinger Faust District 20 - Red Hook, Tivoli, and Rhinebeck Munn Present: Absent: Vacant: 10 2 0 District 23 - Pawling, Beekman and East Fishkill Resolution: / Motion: Rolison Total : Abstentions: Yes J No absent Abgent Yes No 2025168 AUTHORIZING CONDEMNATION PROCEEDING TO ACQUIRE A TEMPORARY EASEMENT ON REAL PROPERTY FROM SWIFT CEMETERY PLOT IN CONNECTION WITH CULVERT (D-06) CHESTNUT RIDGE ROAD (CR-23) OVER STONY BROOK AND CULVERT (D-07) HALLS CORNERS ROAD (CR 24) OVER STONY BROOK REPLACEMENT PROJECT IN THE TOWN OF DOVER OCTOBER 9, 2025 Roll Call Sheets District NO District 7 - Hyde Park and Pleasant Valley District 25 - Amenia, Washington, Pleasant Valley & Millbrook District 3 - LaGrange District 16 - Fishkill and Beacon District 9 - City of Poughkeepsie District 1 - Town of Poughkeepsie District 2 - LaGrange, Pleasant Valley & Town of Poughkeepsie District 4 - Hyde Park and Town of Poughkeepsie District 5 - Town of Poughkeepsie District 6 - Town of Poughkeepsie District 8 - City and Town of Poughkeepsie District 10 - City of Poughkeepsie District 11 - Clinton, Pleasant Valley, and Rhinebeck District 12 - East Fishkill District 13 - East Fishkill and Wappinger District 14 - Wappinger and Town of Poughkeepsie District 15 - Wappinger District 17 - Town and Village of Fishkill District 18 - City of Beacon and Fishkill District 19 - North East, Stanford, Pine Plains, Milan & Red Hook District 20 - Red Hook, Tivoli, and Rhinebeck District 21 - East Fishkill District 22 - Beekman and Union Vale District 23 - Pawling, Beekman and East Fishkill District 24 - Dover/and Pawling Present: Absent: Vacant: Resolution: _ Motion: Last Name Truitt Houston Polasek Valdés Smith Atkins Gorman Travelpiece Lawler D'Aquanni Kaul Brendli Johnson Kearney Metzger Paoloni Versaci Faust McHoul Page Drago - Munn Caswell Garito Rolison House Total : YES/ V Ibseut absent Absent absent absent Absent 19 Yes No Abstentions: 2025168 AUTHORIZING CONDEMNATION PROCEEDING TO ACQUIRE A TEMPORARY EASEMENT ON REAL PROPERTY FROM SWIFT CEMETERY PLOT IN CONNECTION WITH CULVERT (D-06) CHESTNUT RIDGE ROAD (CR-23) OVER STONY BROOK AND CULVERT (D-07) HALLS CORNERS ROAD (CR 24) OVER STONY BROOK REPLACEMENT PROJECT IN THE TOWN OF DOVER OCTOBER 14, 2025