AUTHORIZING CONDEMNATION PROCEEDING TO ACQUIRE A FEE ACQUISITION ON REAL PROPERTY OWNED BY OBSIDIAN ML 5, LLC IN RELATION TO THE SIDEWALK IMPROVEMENT PROJECT ON CR 62 (MAPLE AVENUE) TOWN OF NORTH EAST, VILLAGE OF MILLERTON

PUBLIC WORK AND CAPITAL PROJECTS RE: RESOLUTION NO. 2025167 AUTHORIZING CONDEMNATION PROCEEDING TO ACQUIRE A FEE ACQUISITION ON REAL PROPERTY OWNED BY OBSIDIAN ML 5, LLC IN RELATION TO THE SIDEWALK IMPROVEMENT PROJECT ON CR 62 (MAPLE AVENUE) TOWN OF NORTH EAST, VILLAGE OF MILLERTON Legislators METZGER, HOUSTON, PAOLONI, and GORMAN 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 2024206, Dutchess County has 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, the County has 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, the Department of Public Works ("DPW") has determined that the Project is necessary for Americans with Disabilities Act (ADA) upgrades in the Town of North East, Village of Millerton, and to insure the continued service of the sidewalk as a link in the greater mobility and transportation system of the area, and WHEREAS, DPW has made a determination that in order to complete the Project. it is necessary to acquire a fee acquisition over 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 foot parcel, Map No. 5, Parcel No. 5 of Tax Grid No. 133801-7271-15-504270-0000, and WHEREAS, negotiations with the property owner to acquire this property have reached an impasse and authorization is requested to begin Eminent Domain Proceedings to acquire a portion of property owned by Obsidian ML 5, LLC, 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 in fee as follows: Name Map Parcel No. No. 3 5 Area sq. ft Proffered Amount $18,274 Obsidian ML 5, LLC 1,530.77 +/- 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 Obsidian ML 5, LLC pursuant to the Eminent Domain Procedure Law for the acquisition in fee of the above property in furtherance of the replacement of the sidewalk at CR 62 (Maple Avenue), in the Town of North East, Village of Millerton, Dutchess County, New York. CA-106-25 AMS/mar/rjw R-1079-D 09/02/25 Fiscal Impact: See Attached. APPROVED Sile serio SUSAN J. SERINO COUNTY EXECUTIVE Date /0/16/25 STATE OF NEW YORK SS: COUNTY OF DUTCHESS This is to certify that I, the undersigned Clerk of the Icgislature 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 14i day of October 2025, and that the same is a true and correct transcript of said original resolution and of the whole thercof. IN WITNESS WHEREOF, I have hercunto set my hand and seal of said legislature this 14th day of October 2025. Ah Wager FISCAL IMPACT STATEMENT NO FISCAL IMPACT PROJECTED APPROPRIATION RESOLUTIONS (To be completed by requesting department) Total Current Year Cost $ 18,274 Total Current Year Revenue $ and Source Source of County Funds (check one): El 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): $18,274 Over Five Years: Additional Comments/Explanation: RESOLUTION REQUEST TO BEGIN CONDEMNATION PROCEEDINGS FOR THE ACQUISITION OF 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 MY Prepared by: Matthew W. Davis Prepared On: 8/2725 Dut.pdf 3/12/25 3/25/25 4/2/25 4/29/25 5/125 6/25/25 6/26/25 7/17/25 OBSIDIAN ML 5 CORRESPONDENCE DIARY Offer package mailed to property owner Received email from property owner confirming receipt of offer package along with questions regarding the project. Questions answered Additional Questions Questions answered Additional questions Questions answered Email received from owner's attorney stating they will accept the offer with modifications to the purchase documents. The requested modifications were forwarded to the county attorney for review. The department of law is anticipating a friendly condemnation will be the outcome. 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 Company, with an address at 11995 El Camino Real, San Diego, CA. 92130, 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, all right, title and interest to a 1,530.77 +/- square foot parcel of real property located at 97 Route 44, Millerton, NY 12546, for the purpose of constructing a new sidewalk, being further described on Map 5, 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. PURCHASE PRICE. The total purchase price is EIGHTEEN THOUSAND TWO HUNDRED SEVENTY-FOUR AND 00/100 DOLLARS ($18,274.00). This price includes the real property described in paragraph 1 and the improvements described in paragraph 2. 4. 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. 5. 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. 6. RECORDING COSTS AND CLOSING ADJUSTMENTS. Buyer will pay all recording tees, it any. The tollowing, 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. 7. 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. 8. 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. 9. 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. 10. 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. 11. 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. 12. 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 parties have entered into this Agreement. APPROVED AS TO FORM: Department of Law APPROVED AS TO CONTENT: Department of Public Works _ day of 2025, the SELLER: Authorized Agent Print Name: Title:_ COUNTY ROUTE 62 (MAPLE AVENUE! SIDEWALK IMPROVEMENTS Originals of this map (sheets 1 through 3 are on file at the offices of the Dutchess County Department ot Public Works. Type: FFE Portion of Real Property Tox orcel ID N 33801-7271-15-504270-000 'EXHIBIT A' COUNTY OF DUTCHESS DEPARTMENT OF PUBLIC WORKS PIN N/A OBSIDIAN ML 5, LLC (REPUTED OWNERS) DOCUMENT• 02-2023-2634 TRUE NORTH A: THE 71•30 MERESAN OF SES: CONGETUDE • CB6 DOCK SPIKE STA. 38+63.45 N: 1138246.9507 E: 762536.7536 DEED Und MAPLE AVE COUNTY ROUTE 62 37+00. SURVEY BASELINE HIGHWAY BOUNDARY BE TIST. 2022 N 20°34'26" 47.32+F Boi. •PREVEN CODE DEED UNF *CON STARS P O.R STA. 36+56. .0 .61 N 51°30'41" 27.41+FT § STA. 36+43.39 25.94+FT 35+00 ViTe 51 312 PREVENT EDDE - 22104 CBS STA. 35•80.45 HIGHNAY ฿ STA. 37+02.69 9.44 +FT S 65°30'56" E 10.42+FT ฿ STA. 37+00.28 19.57+FT S 1804592" 31.35+FT ฿ STA. 36+69.21 15.37÷FT COAC N 83025'30" 137.10+FT MILLERTON • STATE LINE. S.H. NO. 1778. (ROUTE 44) HAr. 60 CB5 DOCK SPIKE STA. 35+80.45 N: 1137969.1999 E: 762482.4782 NYS33 151 PREPARIO Br ... FIAN CHECK OY MAP NO. 5 ARCEL NO. HEET 1 OF County of to State of New Yor REPUTED OWNER: OBSIDIAN ML 5, LLC 165 FLANDERS ROAD WESTBOROUGH, MA, 15810 22 SECONDARI CONTE SCLWVC 3 10 a 0 Files CBE STA. 38÷63,45 R=17.50+ L=31.52+ ฿ STA. 36+49.44 34.39+FT 5 84°25'50" E 45.46+FT 2 133HS 01 OBSIDIAN ML 5. LLC (REPUTED OWNER) 97 ROUTE 44 1,530.77 SQ. FT+ MAP NUMBER REVISED DATE DATE PREPARED 08/09/2024 ME SA: A duchess Cort, All a Stea COUNTY ROUTE 62 (NAPLE AVENUEI SIDEWALK IMPROVEMENTS Dutchess County Department of Public Works. Type: FFE Portion of Real Property Tax Parcel ID No 133801-7271-15-504270-0000 'EXHIBIT A' COUNTY OF DUTCHESS DEPARTMENT OF PUBLIC WORKS PIN NIA OBSIDIAN ML 5. LLC (REPUTED OWNERS) DOCUMENT: 02-2023-2634 30011007 1S 22 30 N21012 16 MAP NO. 5 PARCEL NO. 5 SHEET 2 OF County of Moron Stote of New Yor REPUTED OWNERS: OBSIDIAN ML S, LLI 165 FLANDERS ROAL WESTBOROUGH, MA, 15810 & STA. 36+53.79 79.64+FT S 84°25'50" E 45.46+FT OBSIDIAN ML 5, LLC (REPUTED OWNER) 97 ROUTE 44 1,530.77 SQ. FT+ /M 5 P 5 FEE S 84°04'58" E 83.04+FT ฿ STA. 36+61.23 162.35+FT S 08°52'27" W 7.13+FT MATCH TO SHEET 1 -OOK CURE ฿ STA. 36+54.11 162.62+FT MILLERTON - STATE LINE, SH. NO. 1778. (ROUTE 44) COME CORE - не F618" -SOC CURB itsr. Str 20 20 MAP NUMBER 5 REVISED DATE DATE PREPARED, 08/09/2028 PREPAREO BI L 4M221I5 DECKED BY FINK CHECK BT COUNTY ROUTE 62 (MAPLE AVENUE) SIDEWALK INPROVEMENTS 'EXHIBIT A' COUNTY OF DUTCHESS DEPARTMENT OF PUBLIC WORKS PIN N/A MAP NO. 5 ARCEL NO. EET 31 the People of the County of Dutchess in fee acquisition, Dutchess, pursuent • Section 118 of the Highway Law ond the Eminent Doma OF MILLER PON, COUNTY OF DUTCHESS, STATE OF NEW YORK AS SHOW SON THE ACCOMPANTTNG MARAN DESCRIBED OF MILLERTON, COUNTY OF DUTCHESS. STATE BE ITS IRTERSECTION WITH THE EASTERLY BOUNDARY OF COUNTY ROUTE 62 MAPLE AVENUE), SAID POINT BEING SURVEY BASELINE FOR COUNTY ROUTE 62 (MAPLE AVENUE) SIDEWALK POINT 9.44+FT DISTANT EASTERLY MEASURED AT RIGHT ANGLES FROM 137.J0SFT TO A POINT 25.949FT DISTANT THROVEMENTS ON COUNS ROUTE SE A DESCROLS SURVEY BASELINE FOR SIDEWALK IMPROVEMENTS ON COUNTY ROUTE 62. DESCRIBED AS FOLLOWS: BEGINNING AT STATION 35+80.45: THENCE NORTH 110-03'-25" EAST TO STATION 38+63,45. ALL BEARINGS REFERRED TO TRUE NORTH AT THE 74º-30 MERIDIAN OF WEST LONGITUDE. bove ther pot is t te connend quisition, Dote ...2025 OFNEW MALINO до Shit Ble P.E. I Curate descripto do i an from an occurate survey. prepared under my direction. Date Jonucry 30. - 2025 DOMDO fense No. 05031 and Surveyor on gone in crite ture., Siron PaiN 18055 MAP NUMBER 5 REVISED DATE DATE PREPARED 08/09/2024 PREPAREO BE.. - A DEED B FiNe. CHEOx aT 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 District 23 - Pawling, Beekman and East Fishkill Rolison 10 Present: Absent: Resolution: Motion: Total : Abstentions: Vacant: Yes No Obseut Agsent Yes No 2025167 AUTHORIZING CONDEMNATION PROCEEDING TO ACQUIRE A FEE ACQUISITION ON REAL PROPERTY OWNED BY OBSIDIAN ML 5, LLC IN RELATION TO THE SIDEWALK IMPROVEMENT PROJECT ON CR 62 (MAPLE AVENUE) TOWN OF NORTH EAST, VILLAGE OF MILLERTON OCTOBER 9, 2025 Roll Call Sheets District Present: Absent: Vacant: 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 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 YES/ NO abrent Abreat absent Absent absent Total: 19 Abstentions: rog No 2025167 AUTHORIZING CONDEMNATION PROCEEDING TO ACQUIRE A FEE ACQUISITION ON REAL PROPERTY OWNED BY OBSIDIAN ML 5, LLC IN RELATION TO THE SIDEWALK IMPROVEMENT PROJECT ON CR 62 (MAPLE AVENUE) TOWN OF NORTH EAST, VILLAGE OF MILLERTON OCTOBER 14, 2025