AUTHORIZATION TO ACQUIRE A FEE ACQUISITION FROM MAZARI GROUP LLC, IN CONNECTION WITH THE INTERSECTION IMPROVEMENT PROJECT, MIDDLEBUSH ROAD (CR 93) AT SERGEANT PALMATEER WAY, IN THE TOWN OF WAPPINGER

PUBLIC WORKS & CAPITAL PROJECTS RESOLUTION NO. 2024160 RE: AUTHORIZATION TO ACQUIRE A FEE ACQUISITION FROM MAZARI GROUP LLC, IN CONNECTION WITH THE INTERSECTION IMPROVEMENT PROJECT, MIDDLEBUSH ROAD (CR 93) AT SERGEANT PALMATEER WAY, IN THE TOWN OF WAPPINGER Legislators METZGER, D'AQUANNI, 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"), a Project which includes 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 617.5 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 the Department of Public Works, 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, as shown on Map 3, Parcel 3, approximately 27 +/- square feet, located at 735 Sergeant Palmateer Way, Town of Wappinger, described as Parcel Identification Number 135689-6157-02-543900-0000, presently owned by Mazari Group, LLC, and WHEREAS, a proposed Agreement to Purchase Real Property ("Agreement") 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 $250, plus authorization to spend up to $1,000 in related expenses for this fee acquisition, 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 easement, 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 $250 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-090-24 AMS/BPL/rjw R-1074-C 08/12/24 Fiscal Impact: See Attached. APPROVED Susand Serio SUSAN J. SERINO COUNTY EXECUTIVE Deta 9-16-2024 STATORNEW 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 9 day of September 2024, and that the same is a true and correct transcript of said original resolution and of the whole thereof. INWITNESS WHEREOF, I have hercunto set my hand and scal of said I egislature this O% day of September 2024 Rush Wager : : FISCAL IMPACT STATEMENT • NO FISCAL IMPACT PROJECTED APPROPRIATION RESOLUTIONS (To be completed by requesting department) Total Current Year Cost $ 250 Total Current Year Revenue $ and Source Source of County Funds (check one): E Existing Appropriations, •contingency, L Transter of Existing Appropriations, _ Additional Appropriations, LJ Other (explain). Identify Line Items(s): Related Expenses: Nature/Reason: Amount $ Anticipated Savings to County: Net County Cost (this year): $250 Over Five Years: Additional Comments/Explanation: RESOLUTION REQUEST TO ACQUIRE REAL PROPERTY FROM MAZARI GROUP, LLC, 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: 817/24 MD Dul pot SUE SERINO COUNTY EXECUTIVE ROBERT H. BALKIND, PE. COMMISSIONER DAVID C. WHALEN DEPUTY COMMISSIONER DUTCHESS COUNTY GOVERNMENT DEPARTMENT OF PUBLIC WORKS MEMORANDUM To: From: Date: Robert H. Balkind, P.E., Commissioner Matthew W. Davis, Assistant Civil Engineer/ HD August 7, 2024 Re: RESOLUTION REQUEST - TO ACQUIRE REAL PROPERTY FROM MAZARI GROUP, LLC, IN CONNECTION WITH THE INTERSECTION IMPROVEMENT PROJECT, MIDDLEBUSH RD (CR 93) AT SERGEANT PALMATEER WAY, TOWN OF WAPPINGER, COUNTY OF DUTCHESS Accompanying this memo is a Resolution Request Form and Fiscal Impact Statement with supporting documentation to request authorization to acquire in fee a 27+/- square foot parcel of real property described on Map 3, Parcel 3, attached hereto, for the purchase price of $250.00. This parcel is a portion of the property located at 735 Sergeant Palmateer Way, Town of Wappinger, Dutchess County, Parcel Identification Number (135689-6157-02-543900- 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 : RECEIVED JUL 11 2024 Mitchess Co. Dept. of Public Works AGREEMENT TO PURCHASE REAL PROPERTY Project: INTERSECTION IMPROVEMENT PROJECT: MIDDLEBUSH RD (CR 93) AT SERGEANT PALMATEER WAY, TOWN OF WAPPINGER, DUTCHESS COUNTY Map: 3 Parcel: 3 This Agreement by and between MAZARI GROUP, LLC with offices at 735 Sergeant Palmateer Way, 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 27.00+/- square feet of real property. New drat 735 Suhan are a are inched heres County. Being a portion of those same lands described in that certain deed dated September 10, 2019, and recorded September 17, 2019, as Document 02 2019 6059, in the Office of the County Clerk for Dutchess County, re: Parcel Number (135689-6157-02-543900-0000). 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 FIFTY AND 00/100 DOLLARS ($250.00). 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 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: 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 fitle in fee simple effort required to clear title, 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. NoTICe Any All nes resting for this green may aleede adeles rea parties. :0:038.14 : : 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. APPROVED AS TO FORM: Department of Law day of 2024, the 7-9-2029 Seller: y Dal Chen MAZARI GROUP, LLC Print Name: Kal Omer Title: ManagingPartner ED AS TO CONTENT: Shat Bla Depaltment of Public Works Buyer: COUNTY OF DUTCHESS Print Name: Title: IRLE NORTH A: 10g 74090 MERIDIAN DF NESI LONGITUDE LANDS N/F OF MAZARI GROUP LIC DOC. NO. 02. 20I9 5059 Sat-tet 2e 002 nenerra т . :.ni *. et piece or Por cal lis. 3 re above genigned s vey boseline is a portion c! the 2022 survey bospie for the CP 9j, Magotecue Rode i ergeont Pakateer Way frote Signs Begged end is descriced as follows contine a Sorer S.2458; tence Noren 8°1619 Cos ro Starlor g.63.34. .: JAL 9 Phat Bich : 032025: LICENSED. -77-22 tho Vb-90y702 03ЛI3038 SO LL ALRE 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: 10 Resolution: Motion: Total : Abstentions: Vacant: Yes No absent Absent Yes No 2024160 AUTHORIZATION TO ACQUIRE A FEE ACQUISITION FROM MAZARI GROUP LLC, IN CONNECTION WITH THE INTERSECTION IMPROVEMENT PROJECT, MIDDLEBUSH ROAD (CR 93) AT SERGEANT PALMATEER WAY, IN THE TOWN OF WAPPINGER SEPTEMBER 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 22 3 District 24 - Dover and Pawling Resolution: _ Motion: Last Name YES NO Truitt Houston Polasek Valdés Smith Atkins Absent Gorman Travelpiece Lawler D'Aquanni Kaul Brendli Johnson Kearney Metzger Paoloni Versaci Faust McHoul Page Absent Drago Munn Caswell Garito Rolison House Total : Absent 22 Yes No Abstentions: 2024160 AUTHORIZATION TO ACQUIRE A FEE ACQUISITION FROM MAZARI GROUP LLC, IN CONNECTION WITH THE INTERSECTION IMPROVEMENT PROJECT, MIDDLEBUSH ROAD (CR 93) AT SERGEANT PALMATEER WAY, IN THE TOWN OF WAPPINGER SEPTEMBER 9, 2024