AUTHORIZATION TO ACQUIRE A FEE ACQUISITION FROM GARGANO ENTERPRISES, 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. 2024191 RE: AUTHORIZATION TO ACQUIRE A FEE ACQUISITION FROM GARGANO ENTERPRISES, 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 on a portion of property shown on Map 1, Parcel 1 (approximately 581.00 +/- square feet) located at 60 Middlebush Road, Town of Wappinger, described as Parcel Identification Number 135689-6157-02-580887-0000, presently owned by Gargano Enterprises, 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 $1,978, 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 $1,978 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-122-24 AMS/rjw R-1074-A 10/15/24 Fiscal Impact: See Attached. Luany Seriao COUNTY EXECUTIVE Deo 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 forgoing 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 WIINESS WHEREOF, I have hereunto set my hand and scal of said I gislatufe this 12% day of November 2024. such laces ARCH WAGES CLERK OF THE LEGISYAJURE FISCAL IMPACT STATEMENT • NO FISCAL IMPACT PROJECTED APPROPRIATION RESOLUTIONS (To be completed by requesting department) Total Current Year Cost $ 1,978 Total Current Year Revenue $. and Source Source of County Funds (check one): Existing Appropriations, Contingency, •Transfer of Existing Appropriations, I • Additional Appropriations, • Other (explain). Identify Line Items(s): Related Expenses: Nature/Reason: Amount $ Anticipated Savings to County: Net County Cost (this year): $1,978 Over Five Years: Additional Comments/Explanation: RESOLUTION REQUEST TO ACQUIRE REAL PROPERTY FROM GARGANO ENTERPRISES INC., IN CONNECTION WITH THE INTERSECTION IMPROVEMENT PROJECT, MIDDLEBUSH RD (CR 93) AT SERGEANT PALMATEER WAY, TOWN OF WAPPINGER, COUNTY OF DUTCHESS Prepared by: Matthew W. Davis Prepared On: 10/8/24 Dur pot AGREEMENT TO PURCHASE REAL PROPERTY Project: INTERSECTION IMPROVEMENT PROJECT: MIDDLEBUSH RD (CR 93) AT SERGEANT PALMATEER WAY, TOWN OF WAPPINGER, DUTCHESS COUNTY Map: 1 Parcel: 1 This Agreement by and between GARGANO ENTERPRISES INC., a New York Corporation, with a place of business at 60 Middlebush Road, Wappingers Falls, NY 12590, 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 581.00+/- square feet of real property. Located at 60 Middlebush Road, Town of Wappinger, Dutchess County, New York, being further described on Map: 1, Parcel: 1, attached hereto. Being a portion of those same lands described in that certain deed dated February 28, 2005 and recorded April 5, 2005, as Document 02 2005 2816, in the Office of the County Clerk for Dutchess County, re: Parcel Number (135689- 6157-02-580887-0000). 2. IMPROVEMENTS INCLUDED IN THE PURCHASE. The following improvements, if any, now in or on the property are included in this Agreement: Lawn area and concrete curbing. 3. PURCHASE PRICE. The total purchase price is ONE THOUSAND NINE HUNDRED SEVENTY-EIGHT AND 00/100 DOLLARS ($1,978.00). 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 ermanent easements, the Buyer shall have possession of the property rights on the lay payment is received by the Seller. Any closing documents received by the Such prime tot has een received toy fare Sler or the sellers ageneld in escrow unti 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) described in paragraph 1 above. Buyer 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, 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 shail 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 taker ogether 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 entered into this Agreement. day of 2024, the parties have APPROVED AS TO FORM: Department of Law Seller: phone sagare GARGANO ENTERPRISES INC. Print Name: ALPHONSE GARGANO Title: 6WMFR 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 (MIODLEBUSH ROAD) AT ACQUISITION MAP SERGEANT PALMATEER WAY TRAFSIC CIGNAL IMPROVEMENTS MAP NO. ...1 ..... PARCEL NO. SHEET 1 OF 2 8 - 3 ฿- 4 HIODLEBUSH HONO FAJAD 931 425 CA 2851 907- +GE. 24759 Cing, roy. SEAGCAHT PALATEFT WAY MACLEBLISH ROA CUNTY ROAD 9. I ACQUISITION DESCRIPTION: Type: FEE Pore Do 115689-6157*02-580887 Town of Wooninger County of Dutchess State of New York REPUTED OWNER: GARGANO ENTERPRISES INC 60 MIDDLEBUSH ROAD WAPPINGER FALLS. NY. 12590 NOT TO SCALE NOT TO SCALE "SISEATE NAD83/2011 SPC-NY, EAST ZONE. US FOOT CO39S8 EGg SEES NO R GRASS ON MORTH SOE OF COSSIEAT NADRS/2011 SUC-RY. EASI ZOVE US FOOT 004167 204 4000S / MERIDIAN OF VEST LONGITUDE NCE. : 28055. P.0.B. STA, 8+95.25 HIDOLEBUSH ROAD (COUNTY ROAD 93) 1313.9011.65 HB 8-3230 371 4 1 29°40-34* NTO SEPA PANTED HILTONE) 88199215 SERGENIT PALMATEER WAY LANDS N/F OF GARGANO ENTERPRISES INC. DOC. NO. 02 2005 2816 M.1 P.1 FEE AREA = 581 ₺ S.F. OR 0.013+ AC. OUNTY DEPARTNENT OF PUBUC WORK: AND NUNBER J. REVISED DATE - DATE PREPAREO S2:0L-202 ITCHED BY 210 EXHIBIT A COUNTY OF DUTCHESS DEPARTMENT OF PUBLIC WORKS ACQUISITION MAP MAP NO.... ..1 PARCEL NO. 1 SHEET 2. OF 2 County of Lurchess, Store of New York, is shown on the companying map sid described foot lappinger. Stote of New York, Parcel No. 1 Beginning at a point on the southedar linery Soot intersection with the eosterly boundary Pomoteer northwesterly measured of right angles from Stotion 8+95.25 of 93. (Middlebush toad) boundory at Sergeont Polmoteer way line, 371 feet to o point 2.55 of said baseline: thence southwesterly $ 29040'34" through oundary liner! me: teet to the point of beging ring 51 sure fee or 003 croof land, stre or less The above-mentioned survey of the 2022 survey baseline for the CR 93, (Middlebush Road) a ergeant Polmateer Way Troffic Sionol Project and is described as follows Beginning at Stotion 8+43.34; thence North 63°14'53" East to Stotion 12+17.98. I hereby certify that the property mapped obove is necessory for this project. and the ocquisition therest is recammended. Dote. JAM 9 -. - 24 Plat Sile ommissioner DONALD SOMET TORE ASED SOOTE URI LAND Unuthorized alteration of o survey nap beoring o licensed land surveyor's seal is Stole Educatio Lot.* the New York I hereby certify that this mop is o eurote description and map mad rom an accurote survey, prepare under my directior Dote DECEMBSe 28_20 23 122622 • P..S. License No. 0500 veror MINERS CIRCLE ALBANY, I (2205 WAP NUMBER REVISCO DATE DATE PREPARED 12=11-2023- 360-10 0V 218 AREA = 581: S.F. OR 0.013: AC. 1AA DED BY B0002 SUE SERINO COUNTY EXECUTIVE RoBERT H. BALKIND, P.E. COMMISSIONER DAVID C. WHALEN DEPUTY COMMISSIONER DUTCHESS COUNTY GOVERNMENT DEPARTMENT OF PUBLIC WORKS MEMORANDUM Robert H. Balkind, P.E., Commissioner To: From: Date: Re: October 8, 2024 RESOLUTION REQUEST - TO ACQUIRE REAL PROPERTY FROM GARGANO ENTERPRISES, 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 581.00+/- square foot parcel of real property described on Map 1, Parcel 1, attached hereto, for the purchase price of $1,978.00. This parcel is a portion of the property located at 60 Middlebush Road, Town of Wappinger, Dutchess County, Parcel Identification Number (135689-6157-02-580887-0000). The subject project is a Type II 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 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 Houston* Polasek* Valdés Smith* Atkins* Gorman Johnson (VC) Metzger (C) Paoloni Faust Munn Rolison Present: Absent: Vacant: 10 2 Resolution: Motion: Total : Abstentions: Yes No Absent Absent 10 Yes No 2024191 AUTHORIZATION TO ACQUIRE A FEE ACQUISITION FROM GARGANO ENTERPRISES, 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 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: V Motion: Last Name YES NO Truitt 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 House Total: 23 Yes Abstentions: O No 2024191 AUTHORIZATION TO ACQUIRE A FEE ACQUISITION FROM GARGANO ENTERPRISES, 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