AUTHORIZATION TO ACQUIRE A FEE ACQUISITION BY WAY OF DONATION FROM THE NORTHEAST COMMUNITY COUNCIL, INC., IN CONNECTION WITH THE HARLEM VALLEY RAIL TRAIL IN THE TOWN OF NORTH EAST, VILLAGE OF MILLERTON IN THE COUNTY OF DUTCHESS

PUBLIC WORKS & CAPITAL PROJECTS RESOLUTION NO. 2024213 RE: AUTHORIZATION TO ACQUIRE A FEE ACQUISITION BY WAY OF DONATION FROM THE NORTHEAST COMMUNITY COUNCIL, INC., IN CONNECIION WITH THE HARLEM VALLEY RAIL TRAIL IN THE TOWN OF NORTH EAST, VILLAGE OF MILLERTON IN THE COUNTY OF DUTCHESS Legislators METZGER, PAOLONI, and GORMAN offer the following and move its adoption: WHEREAS, the Department of Public Works (DPW) maintains portions of the Harlem Valley Rail Trail, and WHEREAS, DPW advises that the Northeast Community Council, Inc. has indicated its desire to donate a portion of real property as shown on Map 1 (approximately 1,045.44 +/- square feet), located at South Center Street, in the Town of North East, described as Parcel Identification Number 133801-7271-18-363242-0000, and WHEREAS, DPW has determined that this acquisition by way of donation is a Type II action pursuant to Article 8 of the Environmental Conservation Law and Part 617.5 of the NYCRR ("SEQRA"), and would not have a significant effect on the environment, and WHEREAS, a proposed Agreement to Purchase Real Property between the County and the property owner is annexed hereto, and WHEREAS, it is the purpose of this Legislature in adopting this resolution to adopt and confirm the findings of DPW, and to authorize the County Executive or her designee to execute the Agreement to Purchase Real Property in substantially the same for as annexed hereto, as well as any other necessary documents to finalize the donation of real property, now, therefore, be it RESOLVED, that this Legislature hereby adopts and confirms the determination of the Dutchess County Department of Public Works that the County's acquisition of real property by way of donation, 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 by way fevation. CA-133-24; R-0987-F; AMS/rjw 11/7/2024; Fiscal Impact: See Attached. Susin Sereino SUSAN J. SERINE STATE OF NEW YORK COUNTY EXECUTIVE SS: COUNTY OF DUTCHESS Dato 12/12/2024 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 Logislature on the 9th day of December 2024, 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 egislatyre this Ot day of December 202 Buch lager FISCAL IMPACT STATEMENT • NO FISCAL IMPACT PROJECTED APPROPRIATION RESOLUTIONS (To be completed by requesting department) Total Current Year Cost $ 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: Nature/Reason: Amount $ Anticipated Savings to County: Net County Cost (this year): Over Five Years: Additional Comments/Explanation: RESOLUTION REQUEST TO ACQUIRE A PARCEL OF REAL PROPERTY BY WAY OF DONATION FROM NORTHEAST COMMUNITY COUNCIL INC., TOWN OF NORTH EAST, COUNTY OF DUTCHESS Prepared by: Matthew W. Davis Prepared On: 10/31/24 Dui potf SUE SERINO ›UNTY EXECUTIVE ROBERT H. BALKIND, P.E. COMMISSIONER DAVID C. WHALEN DEPUTY COMMISSIONER To: From: Date: Re: DUTCHESS COUNTY GOVERNMENT DEPARTMENT OF PUBLIC WORKS MEMORANDUM Robert H. Balkind, P.E., Commissioner Matthew W. Davis, Assistant Civil Engineer 1 MD October 31, 2024 RESOLUTION REQUEST - TO ACQUIRE A PARCEL OF REAL PROPERTY BY WAY OF DONATION FROM NORTHEAST COMMUNITY COUNCIL INC., TOWN OF NORTH EAST, COUNTY OF DUTCHESS Accompanying this memo is a Resolution Request Form and Fiscal Impact Statement with supporting documentation to request authorization to acquire a 1,045.44+/- square foot parcel of real property py way of donation. This parcel will be used for access between the parking lot at 25 South Center Street and the Harlem Valley Rail Trail. This parcel is located at South Center Street, Town of North East, Dutchess County, NY with the Parcel Identification Number: (133801-7271-18-363242-0000). This action is classified as a Type II Action pursuant to Article 8 of the Environmental Conservation Law 6 NYCRR Part 617.5 (39) (SEQR) and will not have a significant impact on the environment and as a Type II Action no further review is required. 626 Dutchess Turnpike, Poughkeepsie, New York 12603 | (845) 486-2085 dutchessny.gov AGREEMENT TO PURCHASE REAL PROPERTY This Agreement by and between, NORTHEAST COMMUNITY COUNCIL INC., a Not-for- Profit Corporation of the State of New York with its principal office at 51 South Center Street Millerton, NY 12546, hereinafter referred to as "Seller", and the COUNTY OF DUTCHESS, with offices at 22 Market Street, Poughkeepsie, NY 12601 hereinafter referred to as "Buyer". PROPERTY DESCRIPTION. The Seller agrees to sell, grant, convey by way of donation: • all right title and interest to 1,045.44 SF+/- square feet of real property, Located at South Center Street, Town of North East, Village of Millerton, Dutchess County, New York, and is further described on Map 1, attached hereto. Being a portion of those same lands described in that certain deed dated July 13, 1993 and recorded July 13, 1993 in Liber 1930, Page 41, in the Office of the County Clerk for Dutchess County (re: Grid # 133801-7271-18-363242-0000). 2. IMPROVEMENTS INCLUDED IN THE PURCHASE. The following improvements, if any, now in or on the property are included in this Agreement: None 3. 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. 4. BUYER'S POSSESSION OF THE PROPERTY. The Buyer shall provide full payment of the purchase price stated in paragraph 3 to the Seller prior to taking possession of the property rights. 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. 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 Fn|96-0 9. 10. 11. 12. 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. 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. 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. 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. 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. 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 or electronic signatures as regulated y New Yorkon dos of congy awe the use "Electronic Signatures and Records Act." Docusign Envelope ID: 9B1C5D10-D86D-4601-8DA3-AB4720D96024 IN WITNESS WHEREOF, on this _ 29th parties have entered into this Agreement. 1 day of October , 2024, the APPROVED AS TO FORM: - DocuSigned by: Aune Marie Smitte Departmeht of Law SEnER: Chustusunt Authorized Agent Print Name: Castins Sergent THie: Executue.Director Department of Public Works - Signed by: BUYER: Rachel M. Kaskimer County of Dutchess Print Name: Rachel M. Kashimer Title: Deputy County Executive 74-0493-10134-ER LAFle # 19640 10/79/7024 2*5gi HVRT Podcation Connector Path of 25 South Contar Stron! EXHIBIT A COUNTY OF DUTCHESS DEPARTMENT OF PUBLIC WORKS ACQUISITION MAP PH 1274.88 OR OCH-201%-A9 X05: ASPHALT PATY GPS-2 GPS-1 MAP NO. —1 PARCEL NO. _ i- SHEET L OF 2 ACQUISITON DESCRIPTON: HAL. NAPLE nur 10 stat RESC. MAC MAN IN ALMA OSACINATE: AGRIN ANSTICAN ATLU dE IONS 113740: 4257 T61275,8136 1807° 3S-7 STA 1203015 OCSC. MAO MAR IN ASPHALT COOZOLATE: NORTH AKERICAN OATI OF 10E3 Ne 1932754 9519 ounty of Outshes tote of New You REPUTED OWNER: PO Box 31 Community Countl ne Millerton, NY 12516 - 5021 4: 3621% 2 STA:003= 77. 30 247 POB PI -. 1100 Ba 5021 ec+ 2011 *er w20r t0% ORAVE 1122... FRID / 193801-7871-10-380210 0r51 -3770g" Aty Crater r - 20 Kicka at 12. MAP NUMBER _1 SENSED CATE DEPREND 120-102 TOM CAST A HVRT Padeatrion Connector Path at 25 South Center stret EXHIBIT A COUNTY OF DUTCHESS DEPARTMENT OF PUBLIC WORKS ACQUISITION MAP FIN 1234.36 OR OCH-201X-48 MAP NO. -1 PARCEL NO. —1 SHEET 2. OF 2 ЕXHI8:! A Metas ond Bounds Description Parcei No. FEE Alt that piece Millerton, County of Dulchess. State of New York as shown Begini sutestink comer of lands of No lie f puts worth and one morty euri so trot no, of Najdek (Reputed Owner) (Repuled Owner) 1o the dost ond Northeast Community Counci inc (Reputed Owner) io Ine west. ast a cistance c/ 140.86 feet loo poil on the easterly property line of lands of The People of the Stati of Nan Your (Reputed Owner) of the southerly comer of ionds o! Northeast Community Council Inc (Reputed Oviner), soid son: also heing 21.60 feet distani Estery measurad of right anglee from Station 94-59.45 of soid baseline, thence aarg lhe division line of lands of The People of the State of New York (Reautad Owner) to the Ted overce renty or or De les i Now Corner in Page deserted in added South Center Street and Parcel Grid identificotion 13380: 7271-18-363202-0000 The above referenced Survey Baseline vos estoblished for the the design and construction of the obove relerenced project and is described os foliows: Beginning al Slotion iD+00 thence North 21 11° Wes! to Station 21-S0.48. All beorings referred to North American Dolom of 1983 (NAD83/2011, EPOCH 2010.00) Yev. York State Plane Eost Zone 3:01 I hereby certify thot the property mopped cbove is nocessary for this project, and the ocquisition ¿hercof is recommended. Doie Del._ 2 2022 Unauthorized alterotion of a surve; nap bearing o licensed lond surveyor's seal is a violation of the New York State Eduction Low." YORK Commissioner of Public Works 050319 23034 UTI Date 2si00ss 31.2023 DEMOLL Oseph a. Malinowski Lond Surveyo LS. License No. 050314 MJ Engineering and Lond Surveying, P.C. 1533 Cruscent Road Cliflon Pork, NY 12065 22РАО ст 201-207: REMICO DATE DALE PREPARE _M:2202A 05022 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 Absent No 2024213 AUTHORIZATION TO ACQUIRE A FEE ACQUISITION BY WAY OF DONATION FROM THE NORTHEAST COMMUNITY COUNCIL, INC., IN CONNECTION WITH THE HARLEM VALLEY RAIL TRAIL IN THE TOWN OF NORTH EAST, VILLAGE OF MILLERTON IN THE COUNTY OF DUTCHESS DECEMBER 5, 2024 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 5 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 Total : 25 Yes Abstentions:_0 NO No 2024213 AUTHORIZATION TO ACQUIRE A FEE ACQUISITION BY WAY OF DONATION FROM THE NORTHEAST COMMUNITY COUNCIL, INC., IN CONNECTION WITH THE HARLEM VALLEY RAIL TRAIL IN THE TOWN OF NORTH EAST, VILLAGE OF MILLERTON IN THE COUNTY OF DUTCHESS DECEMBER 9, 2024