AUTHORIZING CONDEMNATION PROCEEDING FOR ACQUISITION OF REAL PROPERTY OWNED BY CABLEVISION OF BOSTON INC., IN CONNECTION WITH INTERSECTION IMPROVEMENT PROJECT, MIDDLEBUSH ROAD (CR 93) AT SERGEANT PALMATEER WAY, TOWN OF WAPPINGER, DUTCHESS COUNTY

PUBLIC WORKS & CAPITAL PROJECTS RESOLUTION NO. 2024190 RE: AUTHORIZING CONDEMNATION PROCEEDING FOR ACQUISITION OF REAL PROPERTY OWNED BY CABLEVISION OF BOSTON INC., IN CONNECTION WITH INTERSECTION IMPROVEMENT PROJECT, MIDDLEBUSH ROAD (CR 93) AT SERGEANT PALMATEER WAY, 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 classified as 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 impact on the environment and as a Type II Action no further review is required, and WHEREAS, DPW has made a determination that in order to complete the Project referenced above, it is necessary to acquire certain real property owned by Cablevision of Boston Inc., described as a 101.00 +/- square foot parcel, Map No. 4, Parcel No. 4, located at 719 Sergeant Palmateer Way, Town of Wappinger, described as Parcel Identification Number 135689-6157-02- 539850-0000, and WHEREAS, negotiations with the property owners to acquire the property have reached an impasse and authorization is requested to begin Eminent Domain Proceedings to acquire said portion of real property owned by Cablevision of Boston Inc., and WHEREAS, it is now necessary for this Legislature to authorize the commencement of proceedings pursuant to the Eminent Domain Procedure Law for the acquisition of said property as follows: Name Map Parcel No. No. Acres Proffered Amount Cablevision of Boston Inc. 4 4 101.00 +/- sq. ft. $296 now therefore, be it RESOLVED, that the Commissioner of Public Works on behalf of Dutchess County be and is hereby authorized and empowered to commence proceedings against Cablevision of Boston Inc. pursuant to the Eminent Domain Procedure Law for the fee acquisition of the above property in furtherance of the intersection improvement project, Middlebush Road (CR 93) at Sergeant Palmateer Way, Town of Wappinger, Dutchess County, New York. CA-124-24 AMS/rjw R-1074-D 10/15/24 Fiscal Impact: See Attached. APPROVED SUSAN J. SERINC Susan serino COUNTY EXECUTIVE Des 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 12th 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 set my hand and seal of said Lgislature this 12" day of November 202 Youghlas LEIGH WAGER, CLERK OF THE LEGISLATURE NO FISCAL IMPACT PROJECTED Total Current Year Cost $ 296 Total Current Year Revenue $ and Source FISCAL IMPACT STATEMENT APPROPRIATION RESOLUTIONS (To be completed by requesting department) Source of County Funds (check one): 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 BEGIN CONDEMNATION PROCEEDINGS FOR THE ACQUISITION OF REAL PROPERTY OWNED BY CABLEVISION OF BOSTON INC., IN CONNECTION WITH INTERSECTION IMPROVEMENT PROJECT: MIDDLEBUSH RD (CR 93) AT SERGEANT PALMATEER WAY, TOWN OF WAPPINGER, DUTCHESS Prepared by: Matthew W. Davis Prepared On: 10/8/24 Dut pdf 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 BOSTON INC., a Delaware corporation with offices at 6 City Place Drive, Suite 800, Saint Louis, MO 63141 nereinafter 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 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 reauired to clear title. including but not limited to attending meetings, document preparation, obtaining releases and recording 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. 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 his Agreement by signing any such counterpart. A facsimile of signature transmitte by electronic means applied hereto or to any other document shall have the sam 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 BOSTON INC. 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 S3 (MIDDLEBUSH ROAD) AT ACQUISITION MAP SERGEANT PALMATEER WAY INTERSECTION IMPROVEMENTS MAP NO. PARCEL NO SHEET 1 OF 2 ฿-2 R-3 (COUNTY ROAD 93) „ 305 › 00 2392 •0 BARLEUSN RO1O ONE POU 930 SERGEANT PRINATEER ACQUISITION DESCRIPTION: Type: FEE Porcel lOt R01 DE-4157-02-539850 County a Dias Stale of New York REPUTED OWNER: CABLEVISION OF BOSTON, INC 6 CITYPLACE DRIVE, SUITE 800 ST. LOUIS, MO 63141 NOT TO SCALE ę-2 S1/ DESC: SORE SET IN C "SITATE: NADO3/201I SPC-NY. EAST ZONE, US FOOT 6931501015 CORNER OF COSITE NACB3/2011 SPC-NY. EAST ZOVE, US FOOT HB • SURES - HD / MERIDIAN OF HIDDLEGUSH ROAD (COUNTY ROAD 93) 2022 SURvEY SERMSELAE 25853 51. 8:3123 5306052.18 20201 69571 LANDS N/F OF CABLEVISION OF BOSTON, INC. DOC. NO. 02 2001 543 M.4 P.4 Hese 11 50°02:322 % 0.80* SO. 8050.55 TEREN VICASHER FEE AREA = 101+ S.F. CHEATE B - 4 VOCoS - H8 = SEAGENIT PALATEER WAY +US CARL, 699 ... 0 corne UIDOLEBUSH ROAD (COUNTY ROAD 937 NOT TO SCALE MODLEBUSH ROM COSSINATE NA003/2011 SOC-NY. EAS: ZOVE. US 100: 1: 093632020 COUNTY OEPARTMENT OF PUBLIC WORK: MAP NUMBER !.... REVSEO DATE... DATE PREPARIO JA-01:2922 FINAL CHECK BY 124 in Bise EXHIBIT A COUNTY OF DUTCHESS DEPARTMENT OF PUBLIC WORKS CR 93 (MIDDLEBUSH RAO AT ACQUISITION MAP SERGEANT PALMATEER WAY INTERSECTION IMPROVEMENTS MA> NO... 4 PARCEL NO. 4 SHEET 2. OF 2 County of Dutchess. state of New York. ork, is shorn en fit comparing on. and acried 0 roto koppinger, Porcel No. 4 Beginning at o point on the southerly boundory line of County Route 93 (Middlebush Road), at its point of westerly boundory line of Sergeant Polmateer Way, soid point being 5.00 feet distant northwesterly meosured of right ongles from Station The above-mentioned survey Sergeboy Pointer sy Try is signal Projectiond is describe us forboseline for the CR 93, Middlebush Roads ot Station 1241 Station 5+44,58, thence North 81°16'19" East to Station 8+43.34, thence North 63014'53" Eost to 1 hereby certify that the property mopped above is necessory for this project, ond the acquisition thereof is recommended. Date Man 2 -20 24 Rhat Bllal Commissioner it Pubic Works Commissioner STATE 05007b LAND Unouthorized alteration of a surve op bearing a licensed land surveyor' seal is o violation of the New York State Educotion Low." hereby certify that this mop is curate descripiion ond mop ma inder my directie survey, prepored Dote ICEMBER 28 20 23 1220 lo. 05007 E MINERS CIA. A NAN, N 12205 KAA NIMASR REVISCO CATE DATE PREPAREO 12-01-2025 - CHECKED AT AND AREA = 101: S.F. FINAL CHiLA DT. 200. SUE SERINO COUNTY EXECUTIVE ROBERT H. BALKIND, PE. 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 I MD October 8, 2024 RESOLUTION REQUEST - TO BEGIN CONDEMNATION PROCEEDINGS FOR THE ACQUISITION OF REAL PROPERTY OWNED BY CABLEVISION OF BOSTON INC., IN CONNECTION WITH INTERSECTION IMPROVEMENT PROJECT, MIDDLEBUSH RD (CR 93) AT SERGEANT PALMATEER WAY, TOWN OF WAPPINGER, DUTCHESS COUNTY The Department of Public Works is seeking authorization to condemn a 101.00+/- square foot parcel of real property from CABLEVISION OF BOSTON INC., located at 719 Sergeant Palmateer Way, Town of Wappinger. The parcel identification number is 135689-6157-02-539850-0000. This acquisition contains a small portion of the existing paved roadway and a grass area considered to be a part of the highway shoulder. This fee acquisition will be used to improve the road and shoulder area and continue to be used for highway purposes. The main office of Cablevision of Boston Inc. located in St. Louis, MO has been unresponsive to all inquiries regarding the acquisition documents. Acquisition Type: Fee Acquisition Map No.: Parcel No.: Area sq. ft.+/-: Proffered Amount: 4 4 101.00 $296.00 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 | www.dutchessny.gov Contact Diary: May 10, 2024: July 19, 2024: August 18, 2024: September 16, 2024: September 20, 2024: October 2, 2024: October 8, 2024: The initial offer package was mailed to Cablevision of Boston. I meet with Cablevision's Director of Operations at the Sergeant he stated that he would send al the documents to the package fore signature. Spoke with Director and he stated that he had sent the package to the main office and hadn't heard back yet. The Department of Law sent a letter to the main office stating if the offer was not accepted and the purchase agreements were not executed, the Department would move forward obtaining the necessary property acquisition in accordance with, NYS Eminent They are corong on ating led an eft mia message saying that. Spoke with Director of Operations and he said he will get back to me by the end of the week at the latest. Left message with Director of Operations. Page 2 of 2 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 Resolution: Motion: Total : Abstentions: Yes, No Abseut Absent 10 Yes No 2024190 AUTHORIZING CONDEMNATION PROCEEDING FOR ACQUISITION OF REAL PROPERTY OWNED BY CABLEVISION OF BOSTON INC., IN CONNECTION WITH INTERSECTION IMPROVEMENT PROJECT, MIDDLEBUSH ROAD (CR 93) AT SERGEANT PALMATEER WAY, 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: _ Motion: Last Name YES 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: 2 Yes Abstentions: 0 NO Absent Absent No 2024190 AUTHORIZING CONDEMNATION PROCEEDING FOR ACQUISITION OF REAL PROPERTY OWNED BY CABLEVISION OF BOSTON INC., IN CONNECTION WITH INTERSECTION IMPROVEMENT PROJECT, MIDDLEBUSH ROAD (CR 93) AT SERGEANT PALMATEER WAY, TOWN OF WAPPINGER, DUTCHESS COUNTY NOVEMBER 12, 2024