WAPPINGER, DUTCHESS COUNTY

PUBLIC WORKS & CAPITAL PROJECTS RESOLUTION NO. 2025008 RE: AUTHORIZATION TO ACQUIRE A FEE ACQUISITION FROM CABLEVISION OF WAPPINGERS FALLS INC., F/K/A CABLEVISION OF BOSTON, INC., IN CONNECTION WITH THE INTERSECTION IMPROVEMENT PROJECT, MIDDLEBUSH ROAD (CR 93) AT SERGEANT PALMATEER WAY, IN THE TOWN OF WAPPINGER, DUTCHESS COUNTY Legislators METZGER, TRUITT, HOUSTON, POLASEK, GORMAN, and PAOLONI offer the following and move its adoption: WHEREAS, the Department of Public Works ("DPW") has proposed intersection improvements to Middlebush Road (CR 93) at Sergeant Palmateer Way, in the Town of Wappinger, (hereinafter referred to as the "Project"), which require the acquisition of certain portions of real property, and WHEREAS, DPW has determined that the Project is a Type Il action pursuant to Article 8 of the Environmental Conservation Law and Part 617 of the NYCRR ("SEQRA"), and would not have a significant effect on the environment, and WHEREAS, it is the purpose of this Legislature in adopting this resolution to adopt and confirm the findings of DPW, and WHEREAS, DPW has made a determination that in order to complete the Project referenced above, it is necessary to acquire a fee acquisition from property as shown on Map 4, Parcel 4 (approximately 101.00 +/- square feet) located at 719 Sergeant Palmateer Way, in the Town of Wappinger, described as Parcel Identification Number 135689-6157-02-539850-0000), presently owned by Cablevision of Wappingers Falls Inc., f/k/a Cablevision of Boston, Inc., and WHEREAS, a proposed Agreement to Purchase Real Property 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 $296.00, 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 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 properties, in the Town of Wappinger, 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 $296 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-003-25 AMS/rjw R-1074-D 12/05/24 Fiscal Impact: See Attached APPROVED susa serio SUSAN J. SERINO COUNTY EXECUTIVE: Do 1/22/2025 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 21" day of January 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 21" day of January 2025. High Urger FISCAL IMPACT STATEMENT • NO FISCAL IMPACT PROJECTED APPROPRIATION RESOLUTIONS (To be completed by requesting department) Total Current Year Cost $ 296 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): $296 Over Five Years: Additional Comments/Explanation: RESOLUTION REQUEST TO ACQUIRE REAL PROPERTY OWNED BY CABLEVISION OF WAPPINGERS FALLS INC., FKA, CABLEVISION OF BOSTON, INC., IN CONNECTION WITH INTERSECTION IMPROVEMENT PROJECT: MIDDLEBUSH RD (CR 93) AT SERGEANT PALMATEER WAY, TOWN OF WAPPINGER, DUTCHESS COUNTY Prepared by: Matthew W. Davis Prepared On: 12/3/24 Dut pof SUE SERINO COUNTY EXECUTIVE ROBERT H. BALKIND, P.E. COMMISSIONER DAVID C. WHALEN DEPUTY COMMISSIONER DUTCHESS COUNTY GOVERNMENT DEPARTMENT OF PUBLIC WORKS MEMORANDUM TO: FROM: Robert H. Balkind, P.E., Commissioner Matthew W. Davis, Assistant Civil Engineer I DATE: December 3, 2024 RE: RESOLUTION REQUEST TO ACQUIRE REAL PROPERTY OWNED BY CABLEVISION OF WAPPINGERS FALLS INC., F/K/A, CABLEVISION OF BOSTON, INC., IN CONNECTION WITH INTERSECTION IMPROVEMENT PROJECT: MIDDLEBUSH RD (CR 93) AT SERGEANT PALMATEER WAY, TOWN OF WAPPINGER, DUTCHESS COUNTY Accompanying this memo is a Resolution Request Form and Fiscal Impact Statement with supporting documentation to request authorization to acquire in fee a 101.00+/- square foot parcel of real property described on Map 4, Parcel 4, attached hereto, for the purchase price of $296.00. This parcel is a portion of the property located at 719 Sergeant Palmateer Way, Town of Wappinger, Dutchess County, Parcel Identification Number (135689-6157-02-539850- 0000). The subject project is a Type Il Action pursuant to Article 8 of the Environmental Conservation Law and Part 617.5 of the NYCRR (SEQR) and will not have a significant impact on the environment. 626 Dutchess Turnpike, Poughkeepsie, New York 12603 | (845) 486-2085 | www.dutchessny.gov AGREEMENT TO PURCHASE REAL PROPERTY Project: INTERSECTION IMPROVEMENT PROJECT: MIDDLEBUSH RD (CR 93) AT SERGEANT PALMATEER WAY, TOWN OF WAPPINGER, DUTCHESS COUNTY Map: 4 Parcel: 4 This Agreement by and between CABLEVISION OF WAPPINGERS FALLS, INC. F/KIA, CABLEVISIÓN OF BOSTON, INC., a Delaware Corporation with offices at 6 City Place Drive, Suite 800, Saint Louis, MO 63141, 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 fee acquisition of 101.00+/- square feet of real property. Located at 719 Sergeant Palmateer Way, Town of Wappinger, Dutchess County, New York, being further described on Map: 4, Parcel: 4, attached hereto. Being a portion of those same lands described in that certain deed dated January 5, 2001, and recorded January 19, 2001, as Document 02 2001 543, in the Office of the County Clerk for Dutchess County, re: Parcel Number (135689-6157-02- 539850-0000. 2. IMPROVEMENTS INCLUDED IN THE PURCHASE. The following improvements, if any, now in or on the property are included in this Agreement: Grass area. 3. PURCHASE PRICE. The total purchase price is TWO HUNDRED NINTY-SIX AND 00/100 DOLLARS ($296.00). This price includes the real property described in paragraph 1 and the improvements described in paragraph 2, if any. 4. 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. 5. BUYER'S POSSESSION OF THE PROPERTY. For fee simple acquisitions and such payment has been received by the Seller or the Seller's agent. 6. 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) describe in paragraph 1 above. Buver will pay for a title search 7. 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. 8. 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. 9. 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. 10. 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. 11. 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. 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. day of 2024, the APPROVED AS TO FORM: Seller: Cablevision of Wappingers Falls, Department of Law Print Name: Title: APPROVED AS TO CONTENT: Buyer: _ COUNTY OF DUTCHESS Department of Public Works Print Name: Title: EXHIBIT A COUNTY OF DUTCHESS DEPARTMENT OF PUBLIC WORKS 93 (MICDLEBUSH ROAD) AT ACQUISITION MAP INTERSEC."ION INPROVEMENTS R-3 SICA 29 - MAP NO PARCEL NO. SHEET 1. OF 2 ACQUISITION DESCRIPTION: ype: FEl ore 0 No 135089-8157 02 539350 REPUTED OWNER: ST. LOUIS, MO 63141 00. 203 · GRAVEL SHOULDER GYNCHIN SC CORONATE: NADO3/2011 SPC-MY LAST ZONE. 25 FOOT TO SCALE NAZa3/201 3PC-KY, CAST ZOVE. US FOOS TRUE NORTH AT MERIDIAN OF WEST LONGITUDE ICOUNTY ROAD 931 Lửca 2022 70 A LANDS N/F OF CABLEVISION OF BOSTON, INC. 5* DOC. NO. 02 200/ 543 M.4 P.4 FEE AREA = 101+ S.F. 4000; 'HiS C 1080 534. 0-3223 P.Q.B. 30, 315212 Sesse 2000u32x 1843585055 SERGEANI PALMATEEN WAY NOT 10 SCALE AS SAME SE GRASS ON MORTI SOCI CURATE N.003/2018 SOC-PY, EASI 204E, US 1031 18916722 LUN BEATEN OF VAL OR 2212ANE0 02020 REVISTO DATE - VAT POZPATEO JE.2:822 EXHIBIT A COUNTY OF DUTCHESS DEPARTMENT OF PUBLIC WORKS C.R. 9:3 (MOCLEBUSH 80Л0) AT ACQUISITION MAP SERCLANT PALMATEER WAY INTERSECTION IMPROVEMENTS MAD NO.. PARCEL NO. 4 SHEET 2. OF 2- County of Butchess: Store of New York, as shown on the as paying and described or told apinger, Porcel No. 4 On arsing on i thine wether southing ner northwesterly measured 93. to o point on BEANZEE Feet to the point of begining, being 10 9 square feet at hond, more or lessouther! le above-mentioned surve er sean Primate sy ro fis signal project and is desce polbusine for the CR 93, (idlebush Rood) o Station 1217g tion 5414.58; thence North 8101619° East to Station 8*13.34; thence North 63014'53% Lost to I hereby certity thot the property mopped above is necessary for this proiect, ond the acquisition thereof is recommended. Date Jab 2 - 20 24 Rhat Bllal Robert H. Bakind, P.E Commissioner _blic Works Unauthorized ofteration oi o surve: nan bearing a licensed land surveyar'. зdl is a violation o the New York tote ducation Len 050028 from an occurole survey. pr upor ed under my direction. Date IXCEMBER 28 20 Z3 ..= P.s. License No. O50 Surveyar E MINERS CIRCLE ALBANY, NE 12205 MAP AWAER ....! REVISCO DATE CATE PREPARO JÃUMLLZO2I AREA: 101: S.F. BER OKA AT 03-0 Public Works and Capital Projects Roll Call District Name District 7 - Hyde Park and Pleasant Valley Truitt* 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 10 - City of Poughkeepsie District 12 - East Fishkill District 13 - East Fishkill and Wappinger District 15 - Wappinger District 20 - Red Hook, Tivoli, and Rhinebeck District 23 - Pawling, Beekman and East Fishkill Resolution: Houston* Polasek* Valdés Smith* Atkins* Gorman Johnson (VC) Metzger (C) Paoloni Faust Munn Rolison Present: Absent: Total: Motion: Abstentions: Vacant: Yes No Absint Yegg No 2025008 AUTHORIZATION TO ACQUIRE A FEE ACQUISITION FROM CABLEVISION OF WAPPINGERS FALLS INC., F/K/A CABLEVISION OF BOSTON, INC., IN CONNECTION WITH THE INTERSECTION IMPROVEMENT PROJECT, MIDDLEBUSH ROAD (CR 93) AT SERGEANT PALMATEER WAY, IN THE TOWN OF WAPPINGER, DUTCHESS COUNTY JANUARY 16, 2025 Roll Call Sheets District 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: V Motion: - Last Name Truitt Houston Polasek Valdés Smith Absent Atkins Gorman Travelpiece Lawler D'Aquanni Kaul Brendli Johnson Absent Kearney Metzger Paoloni Versaci Abrent Faust McHoul Page Absent Drago Munn Caswell Garito Rolison House Total : 21 Yes Abstentions: Q NO Present: Absent: Vacant: 0 No 2025008 AUTHORIZATION TO ACQUIRE A FEE ACQUISITION FROM CABLEVISION OF WAPPINGERS FALLS INC., F/K/A CABLEVISION OF BOSTON, INC., IN CONNECTION WITH THE INTERSECTION IMPROVEMENT PROJECT, MIDDLEBUSH ROAD (CR 93) AT SERGEANT PALMATEER WAY, IN THE TOWN OF WAPPINGER, DUTCHESS COUNTY JANUARY 21, 2025