AUTHORIZATION TO ACQUIRE A FEE ACQUISITION FROM ENVER CANI, IN CONNECTION WITH THE SIDEWALK IMPROVEMENT PROJECT, CR 62 (MAPLE AVENUE) TOWN OF NORTH EAST, VILLAGE OF MILLERTON

PUBLIC WORKS AND CAPITAL PROJECTS RESOLUTION NO. 2025166 RE: AUTHORIZATION TO ACQUIRE A FEE ACQUISITION FROM ENVER CANI, IN CONNECTION WITH THE SIDEWALK IMPROVEMENT PROJECT, CR 62 (MAPLE AVENUE) TOWN OF NORTH EAST, VILLAGE OF MILLERTON Legislators METZGER, HOUSTON, PAOLONI, D'AQUANNI, 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 to 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 referenced above, it is necessary to acquire a fee acquisition of real property, as shown on Map 3, Parcel 3, approximately 102.81 +/- square feet, located at 4 South Maple Avenue, Town of North East, Village of Millerton, described as Parcel Identification Number 133801-7271-14-477253- 0000, presently owned by Enver Cani, and WHEREAS, a proposed Agreement to Purchase Real Property ("Agreement") between the County and the property owner is annexed hereto, and WHEREAS, DPW has recommended that the subject property be purchased for the sum of $704, plus authorization to spend up to $1,000 in related expenses, if any, for this fee acquisition, and that the terms and conditions of the Agreement be carried forth, now, therefore, be it RESOLVED, that this Legislature hereby adopts and confirms the determination of the Dutchess County Department of Public Works that the Project, including the acquisition of portions of certain property, in the Town of North East, Village of Millerton, will not have a significant effect on the environment, and be it further 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 receipt from the property owner of an executed Deed to the aforementioned land, and such other documents as may be necessary to convey free and clear title to the County of Dutchess, the County shall pay to the property owner the sum of $704 and 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-107-25 AMS/mar/rjw R-1079-C 09/02/25 Fiscal Impact: See Attached. APPROVED Sue servico SUSAN J. SERIN OUNTY EXECUTIV Deto 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 14t 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 scal of said I.cgislature this 14% day of October 2025. 3 Rugh Wager FISCAL IMPACT STATEMENT NO FISCAL IMPACT PROJECTED APPROPRIATION RESOLUTIONS (To be completed by requesting department) Total Current Year Cost $ 704 Total Current Year Revenue $ and Source Source of County Funds (check one): El Existing Appropriations, •Contingency, • Transfer of Existing Appropriations, • Additional Appropriations, L] Other (explain). Identify Line Items(s): Related Expenses: Amount $ Nature/Reason: Anticipated Savings to County: Net County Cost (this year): $704 Over Five Years: Additional Comments/Explanation: RESOLUTION REQUEST TO ACQUIRE A PARCEL OF REAL PROPERTY OWNED BY ENVER CANI 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 Prepared On: 8/27/2025 Dul paf 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 ENVER CANI, with a mailing address of PO Box 229, DUTCHESS, Wine hes at 22 Markete teet, Sugheepsie, New York, 12501 DUTCHESS, 1. PROPERTY DESCRIPTION. The Seller agrees to sell, grant, convey, a fee acquisition of 102.81+/- square feet of real property. Purchase Price: $704.00 a temporary easement to 160.04+/- square feet of real property. Purchase Price: $219.00 Located at 4 South Maple Avenue, Millerton, NY 12546, being further described on Maps 384, Parcels 3&4, attached hereto. Being a portion of those same lands described in that certain deed dated September 16, 2003, and recorded January 27, 2004 as Document Number 02 2004 1401, in the Office of the County Clerk for Dutchess County, re: Parcel Number (133801-7271-14-477253-0000). 2. IMPROVEMENTS INCLUDED IN THE PURCHASE. The following improvements, if any, now in or on the property are included in this Agreement: Lawn area with an improvement value of $80.00. 3. TEMPORARY EASEMENT USE. The temporary easement shall be exercised for the purpose of access and constructing or reconstructing a sidewalk together with all appearances. 4. TERM OF TEMPORARY EASEMENT. The term of the temporary easement shall 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. 5. PURCHASE PRICE. The total purchase price is ONE THOUSAND THREE AND 00/100 DOLLARS ($1,003.00). 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 contractors. 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 entort required to clear title, including but not limited to attending meetings, document preparation, obtaining releases and recordina documents. 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 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." APPROVED AS TO FORM: Department of Law APPROVED AS TO CONTENT: Department of Public Works day of_ 2025, the SELLER Enver Cani BUYER: Sue Serino County Executive COUNTY ROUTE 62 (MAPLE AVENUE) SIDEWALK IMPROVEMENTS Originals of this map (shoats 1 & 21 gre on file of the offices of the Dutchess County Department of Public Works. Type: FEE Portion of Reof Property Tex Parcel It No. 133801-7271-14-477253-0000 1..: 'EXHIBIT A' COUNTY OF DUTCHESS DEPARTMENT OF PUBLIC WORKS PIN N/A ENVER CANI (REPUTED OWNER) DOCUMENT• 02-2004-1401 Cour STASS MAP NO. 3 PARCEL NO. : SHEET 1 OF : Viltoge of Miller tor state of New hese REPUTED ORNER: ENVER CANI PO BOX 229 MILLERTON, NY 12546 M 3 FEE ENVER CANI (REPUTED OWNER) 4 SOUTH MAPLE AVENUE 102.81 SQ. FT* PREMENT EDGE S.H. NO. MILLERTON • INDIAN POND. 1007. ROUTE 441 DEED thE S 15°28 45* 10.00+FT ฿ STA. 35+12.03/ 63.93+FT S 7403115" E_/ 10.01+FT & STA. 35+14.20/ 54.15+FT 3000 ฿ STA. 35+21.80 66.09+FT N7403115" W 10.55+F T P.0,B. ฿ STA. 35+24.08 55.79+FT N 18°32'11" E 10.01 +F T PEED LHE ROUTE COUNTY MAPLE AVE : 0 35+00 N27°57:27"€ 2022 SURVEY BASELINE HICHHA BOUNDARI ! CBS DOCK SPIKE — STA. 35+80.45 N: 1137969.1999 E: 762482,4782 PRIENEAT LOC 34÷00 DECO LINE. DEED LA CS5 STA 36,30.16 4:923 CB4 MAG NAIL STA. 32+80.72 N: 1137704,4503 E: 762341.9599 MAP NUWBER REVISED DATE DATE PREPARED 08/09/2024 COUNTY ROUTE 62 (MAPLE AVENUE) SIDEWALK IMPROVENENTS 'EXHIBIT A' COUNTY OF DUTCHESS DEPARTMENT OF PUBLIC WORKS PIN M/A MAP NO. 3 PARCEL NO. 3 SHEET 2 OF 2 Mie sore only of Burns, Dur one is Section fer t the Mipsay to and ho get the st ALL THAT PIECE ON ' MILLER PON. COR PY OF OF MESS. STATE OF NEW FOR, AS SHOMAS THE COMPANING MAP ESCAPED AS FOLLOWS: WITH THE SOUTHERLY BOUNDARY OF NILLERTON INDIAN POND. 55.79 FT DISTANT DESCRIBED SURVEY BASELINI 40-31-15 WEST ALONG THE LAST RUE 44) I0.55:F1 MENTIONED SOUTHERLY BOUNDARY TO A POINT 66.09:F1 SAID BASELINE: AND (2) SOUTH COUNTY ROUTE 52 NORTHWESTERLY MEASURED AT RIGHT 62 ALL BEARINGS REFERRED TO TRUE NORTH AT THE 74º-30" MERIDIAN OF WEST LONGITUDE. I hereby cortify thot the propert: There i reconsened. hoya is necansary 10 ond the Dota JAN 30 - 2025 STATE OF Haasol Robert H. Bakind. ommissioner of Public Work: LAND SURY ereby certify that this mop is turate description ond mop ma from on accurate survey. precored under my diraction. Date sonvery 30 . 2025 Ps end No, ass and Surveyor IJ Engineering a discone inchitechure bud Carton Pre ar 12065 MAP NUMBER 3 REVISED DATE DATE PREPARED 08/03/2024 COUNTY ROUTE 62 (MAPLE AVENUE) SIDEWALK IMPROVEMENTS Originals of this mop isnaots 1 8 21 ore on file at the offices of the Dutchess County Department of Public Works. Type: TEMPORARY EASEMENT Portion of Reat Property Tax P95801-92N9:14-477253-0000 B0y a pa nm625(28 PASELEME EDGE S.H. NO. 1007. MILLERTON • INDIAN POND, (ROUTE 44) - P DEED EME - 30s Core SCoNn ฿ STA. 35+14.B8 97.34+ FT N 15°28'45" E 5.00+F T ฿ STA. 35+10.00 96.26+FT N 74031'15" 32.01 EFT & STA. 35+16.92 65.01 +FT ENVER CANI (REPUTED OWNER) 4 SOUTH MAPLE AVENUE 160.04 sa. FT+ Amer 'EXHIBIT A' COUNTY OF DUTCHESS DEPARTMENT OF PUBLIC WORKS PIN N/A ENVER CAN REPUTED OWNEF DOCUMENT• 02-2004-1401 MAP NO. 4 ARCEL NO. HEET 1 OF REPUTED OWNER: ENVER CAN PO 80X 229 MILLERTON, NY 12546 • to ' CBS DOCK SPIKE STA. N: 35+80.45 1137969.1999 E: 762482.4782 DONED BY PRESENT EDGE DEEO UNE 34+00 DEED BOUNDAR BE USE S 7403115" E 32.01 +FT P.O.B. E STA. 35+21.80 66.09 FT S 15°28'45" 5.00+F T DEED IME ROUTE AVE COUNTY MAPLE N27°5727E SURVEY BASELINE 2022 HGHHN 1241 3n30 21008 CB4 MAG NAIL STA. 32+80.72 N: 1137704.4508 E: 762341.9599 s:3. 15×90.45 MAP NUMBER REVISED DATE DATE PREPARED 08/09/2024 2.0 COUNTY ROUTE 62 (MAPLE AVENUE) SIDEWALK IMPROVEMENTS 'EXHIBIT A' COUNTY OF DUTCHESS DEPARTMENT OF PUBLIC WORKS PIN N/A MAP NO. 4 PARCEL NO. 4 SHEET 2 OF 2 Map of property nich the Commissioner of Public Works deems necessory to be acquired in the name a the Peoplo of the County of Dutchess in temporary easement ocquisition, for purposes connected wit the highway system of the County of Dutchoss, pursuan: to Section liB of the Highway Law and the Eminent Domgin Procedure Low. PARCEL NO. 4 A TEMPORARY EASEMENT TO BE THE REHABILITATION OF COUNTY ROUTE 62 MAPLE AVENUES SIDEWALK LE AVENUE SID THAL IMPROVEMENTS TO GRADE THE SIDE SLOPESTH TO MEET THE EXISTING GROUND, SEEDING ANO PLACEMENT OF TEMPORARY EROSION AND SEDINENT CONTROL MEASURES FOR THE DURATION OF THIS PROJECT: DESCRIBED AS FOLLOWS: SAID POINT BENG 56091 DISTANT THESE MEASURED AT ANCES STATION 2 HEREINAFTER DESCRIBED SURVEY BASELINE FOR COUNTY ROUTE 62 THENCE THROUCH THE PROPERTY OF DISTANCES: SOUTH ENVER CANT (REPUTED OWNER) THE Tor 5410 B 93 NORTH 15-428-45 EAST 5.00 % 1% 4 POINT ON THE FIRST MEN OKED SOUTHERLY BOUNDARY OF MILLERTON DELINEATED, AND SUCH OWNERS SUECESSORS OR ASS TONS. THE RICHT OF ACESS AND THE RIGHT OF USING BEEN TO AND IS SO CONSTRUCTED OR RECONSTRUCTED SHE MANE RICE OF THE CONSTRUCTION OR THE HEREIN IDENTIFIED PROVE CEREAL SURE BASELINE FOR SIDEWALK AND IS DESCRIBED AS FOLLOWS BEGINNING AT STATION 32+80.72: THENCE NORTH 270-57-27" EAST TO STATION 35+80,45. ALL BEARINGS REFERRED TO TRUE NORTH AT THE 140-30 MERIDIAN OF WEST LONGITUDE. I hereby certify mareby cerely met the property ond the therest is recon toda Date JAM 30 - 2025 Esos Commissioner nubile Works 050314 lereby certify that mis mad is curate descríption and mop ma from on accurate survey, preoced under my direction. Dote Norwory 30 2025 P..S. a no, as st ond surveyor Corporote Drivi clifton Park, NY 1206: MAP NUMBER 4. REVISED DATE JATE PREPAREO 08/09/2024 PREPARED BT.. FA DED 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 District 23 - Pawling, Beekman and East Fishkill Rolison Present: Absent: Vacant: Resolution: Motion: Total: Abstentions: Yes No abreat Absent No 2025166 AUTHORIZATION TO ACQUIRE A FEE ACQUISITION FROM ENVER CANI, IN CONNECTION WITH THE SIDEWALK IMPROVEMENT PROJECT, 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: le 0 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 NO Absent Absent absent abbeat Abrent absent Abstentions: 19 Yes 0 No 2025166 AUTHORIZATION TO ACQUIRE A FEE ACQUISITION FROM ENVER CANI, IN CONNECTION WITH THE SIDEWALK IMPROVEMENT PROJECT, CR 62 (MAPLE AVENUE) TOWN OF NORTH EAST, VILLAGE OF MILLERTON OCTOBER 14, 2025