AUTHORIZATION TO ACQUIRE A FEE ACQUISITION FROM LEEMILT’S PETROLEUM, INC., IN CONNECTION WITH THE INTERSECTION IMPROVEMENT PROJECT, MIDDLEBUSH ROAD (CR 93) AT SERGEANT PALMATEER WAY, IN THE TOWN OF WAPPINGER, DUTCHESS COUNTY

PUBLIC WORKS & CAPITAL PROJECTS RESOLUTION NO. 2024192 RE: AUTHORIZATION TO ACQUIRE A FEE ACQUISITION FROM LEEMILT'S PETROLEUM, 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, GORMAN, PAOLONI, and VERSACI 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"), a Project which includes the acquisition of certain portions of real property, and WHEREAS, DPW has determined that this Project is a Type II action pursuant to Article 8 of the Environmental Conservation Law and Part 617.5 of the NYCRR ("SEQRA"), and will 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 a portion of real property shown on Map 2, Parcel 2 (approximately 236.00 +/- square feet) located at 1499 Route 9, in the Town of Wappinger, described as Parcel Identification Number 135689-6157-02-578955-0000, presently owned by Leemilt's Petroleum, 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 $661, 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 $661 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-123-24 R-1074-B 10/15/24 Fiscal Impact: See Attached. APPROVED susan Serino COUNTY EXECUTIVE DaNo 11-15.2024 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 12 day of November 2024, 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 sct my hand and scal of said Legislature this 12t day of November 2024. Huch Wages EIGH WAGEK, CLERK OR'THE LEGISLATUL • NO FISCAL IMPACT PROJECTED Total Current Year Cost $ 661 Total Current Year Revenue $ and Source FISCAL IMPACT STATEMENT APPROPRIATION RESOLUTIONS (To be completed by requesting department) 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): $661 Over Five Years: Additional Comments/Explanation: RESOLUTION REQUEST TO ACQUIRE REAL PROPERTY OWNED BY LEEMILT'S PETROLEUM, 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 MD Prepared On: 10/8/24 Dut pott AGREEMENT TO PURCHASE REAL PROPERTY Project: INTERSECTION IMPROVEMENT PROJECT: MIDDLEBUSH RD (CR 93) AT SERGEANT PALMATEER WAY, TOWN OF WAPPINGER, DUTCHESS COUNTY Map: 2 Parcel: 2 Street, Poughkeepsie, New York, 12601 hereinafter referred to as "Buyer. 1. PROPERTY DESCRIPTION. The Seller agrees to sell, grant, convey, a fee acquisition of 236.00+/- square feet of real property. Located at 1499 Route 9, Town of Wappinger, Dutchess County, New York, being further described on Map: 2, Parcel: 2, attached hereto. Being a portion of those same lands described in that certain deed dated June 4, 1971 and recorded June 9, 1971, in Liber of Deeds 1309 at page 169, in the Office of the County Clerk for Dutchess County, re: Parcel Number (135689- 6157-02-578955-0000. 2. IMPROVEMENTS INCLUDED IN THE PURCHASE. The following improvements, if any, now in or on the property are included in this Agreement: Asphalt pavement. 3. PURCHASE PRICE. The total purchase price is SIX HUNDRED SIXTY-ONE AND J0/100 DOLLARS ($661.00). This price includes the real property described i 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 permanent 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 6. TITLE DOCUMENTS. Buyer shall provide the following documents in connection with the sale: • Deed. Buyer will prepare and deliver to the Seller for execution at the time c osing all documents required to convey the real property interests) describe in paragraph 1 above. Buyer will pay for a title search. 7. INSURABILITY OF TITLE. Buyer shall pay for curative action, as deemed necessary by the Buyer, to insure good and valid insurable title in fee simple and/or permanent easement to the property. 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. 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 BE day of Ditcher. entered into this Agreement. _2024, the parties have APPROVED AS TO FORM; Department of Law Seller: Ele de LEÉMILT'S PETROLEUM, INC. Print Name: Elena Lokis Vice President, Tite: Assel Margement APPROVED AS TO CONTENT: Department of Public Works Buyer: COUNTY OF DUTCHESS Print Name: Title: EXHIBIT A COUNTY OF DUTCHESS DEPARTMENT OF PUBLIC WORKS 93 (ADOLEOUSN ROAD) ST ACQUISITION MAP PALMATTER WAY TRAFFIC SIGNAL INPROVEMENTS MAP NO PARCEL NO. 2 SHEET 1. OF 2. 8-3 B-4 ACOLISITION DESCRIPTION: уре: ГЕ ore to 11505-1: 02-57893 320 3) REPUTED OWNER: LFEMILT'S PETROLEUM, INC 293 MADISON AVENUE fL 9 NEW YORK, NY 10017 NOT TO SCALE COCHINA!! MERIDIAN OF HEST LONGITUDE SERGEANT PALUATEER HAI LANDS N/F OF LEEMILT'S PETROLEUM. INC. UBER 1309, PAGE 169 M.2 P.2 • FEE AREA : 236: S.F. OR 0.005÷ AC. P.0.8. 20 IDLERSH ROAD ICOURTY ROND 931 22602 ..... REUSED DATE DATE PAPA CR ЕХНІВІ Г А COUNTY OF DUTCHESS DEPARTMENT OF PUBLIC WORKS ACQUISITION MAP MAP NO. 2 PARCEL NO. 2 SHEET .3. OF 2 County Porcel No. 2 Boginning of o point on the orthorly boundery line of County Route 93 Miedlebush Rood) intersection with the casterly boundary ine of Sergeant Paimater: sid point Being 19.62: point o feat diston northwosterly megsurad of right oncies from Stotion 8+97.56 of the herein describod surves boseing for tho CR 93, (Middlebush Raod of Sargeont Palmoicer Woy. Troific Signal Project; thonce northerly along soid costerly 24: feet to o soid boseline; thence southesterly 5721801* E a gic throuds a Fond of 1 cents Petrolem 3008c. 9+01.00 30.18 fee! to a point en the normary boundary distoni northwesterly. measured at right angles from Stotion 9e17.14 of said baseline; thence along •sold northerly rood boundary line, 20: feet to the point of beginning, being 236: square feet or 0.005 acres of land, more or less. boseline is cond is describe us o saline or the in 93, idlebusin Road of Beginning at Station 8143.34; thence North 63°14'53" East to Station 12+17.98. I necaby certify not the property nopood above is nodessor! (or this projoct. and the acquisition (herupt is recomended. DotE-JAN 9. 20 40 It Kill Commissioner to Works Commissioner Or NOW "guttering licensed and surveyer. earing i Stote Eduction tor the New York LICENSCO 05007-63 TAND under my direction. Dote DiCEmBER 28 20 Z3 EIGHTON MANNING ENGINEERE ALMSTO BASE ..... AREA : 236: S.F. OR 0.005: AC. MARAVE OF J0 SUE SERINO COUNTY EXECUTIVE ROBERT H. BALKIND, P.E. COMMISSIONER DAVID C. WHALEN DEPUTY COMMISSIONER DUTCHESS COUNTY GOVERNMENT DEPARTMENT OF PUBLIC WORKS To: From: Date: Re: MEMORANDUM Robert H. Balkind, P.E., Commissioner Matthew W. Davis, Assistant Civil Engineer / MD October 8, 2024 RESOLUTION REQUEST - TO ACQUIRE REAL PROPERTY OWNED BY LEEMILT'S PETROLEUM, 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 requesting authorization to acquire in fee a 236.00+/- square foot parcel of real property described on Map 2, Parcel 2, attached hereto, for the purchase price of $661.00. This parcel is a portion of the property located at 1499 Route 9, Town of Wappinger, Dutchess County, Parcel Identification Number (135689-6157-02-578955-0000). 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 dutchessny.gov 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: 10 2 Resolution: Motion: Total : Abstentions: Yes No Absent Absent 10 Yes. No 2024192 AUTHORIZATION TO ACQUIRE A FEE ACQUISITION FROM LEEMILT'S PETROLEUM, INC., IN CONNECTION WITH THE INTERSECTION IMPROVEMENT PROJECT, MIDDLEBUSH ROAD (CR 93) AT SERGEANT PALMATEER WAY, IN THE TOWN OF WAPPINGER, DUTCHESS COUNTY NOVEMBER 7, 2024 Roll Call Sheets District Last Name YES NO 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 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 Houston Polasek Valdés Smith Atkins Gorman Travelpiece Lawler D'Aquanni Kaul Brendli Johnson Absent Kearney Metzger Paoloni Versaci Faust McHoul Page Drago Munn Absent Caswell Garito Rolison Present: Absent: Vacant: District 24 - Dover and Pawling Resolution: V Motion: House Total : 23 Yes Abstentions: 0 No 2024192 AUTHORIZATION TO ACQUIRE A FEE ACQUISITION FROM LEEMILT'S PETROLEUM, INC., IN CONNECTION WITH THE INTERSECTION IMPROVEMENT PROJECT, MIDDLEBUSH ROAD (CR 93) AT SERGEANT PALMATEER WAY, IN THE TOWN OF WAPPINGER, DUTCHESS COUNTY NOVEMBER 12, 2024