IN THE TOWN OF MILAN

PUBLIC WORKS RESOLUTION NO. 2026063 RE: AUTHORIZING CONDEMNATION PROCEEDING TO ACQUIRE A TEMPORARY EASEMENT ON REAL PROPERTY OWNED BY 789 SALISBURY TURNPIKE LLC IN CONNECTION WITH BRIDGE M- 20, SALISBURY TURNPIKE (CR 53) OVER LITTLE WAPPINGER CREEK REPLACEMENT PROJECT, IN THE TOWN OF MILAN Legislators VALDÉS SMITH, BRENDLI, LAWLER and RHODES offer the following and move its adoption: WHEREAS, the Department of Public Works (“DPW”) has proposed replacement of Bridge M-20 located on Salisbury Turnpike (CR-53) over Little Wappinger Creek, in the Town of Milan, which project includes the acquisition of various portions of real property (the “Project”), 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(c)(1) and (2) of the NYCRR (SEQR) 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, it is necessary to acquire a temporary easement over real property owned by 789 Salisbury Turnpike LLC, described as a 4,056 +/- square foot parcel, Map No. 1, Parcel No. 1 of Tax Grid No. 133600- 6471-00-818291-0000, and WHEREAS, negotiations with the property owners to acquire these properties have reached an impasse and authorization is requested to begin Eminent Domain Proceedings to acquire the temporary easement over a portion of property owned by 789 Salisbury Turnpike LLC, 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 Area Sq. ft. Proffered No. No. Amount 789 Salisbury Turnpike LLC 1 1 4,056.00 +/- $625.00 now therefore, be it PUBLIC WORKS RESOLVED, that the Commissioner of Public Works on behalf of Dutchess County be and is hereby authorized and empowered to commence proceedings against 789 Salisbury Turnpike LLC pursuant to the Eminent Domain Procedure Law for a temporary easement over the above property in furtherance of the replacement of Bridge M-20, Salisbury Turnpike (CR-53) over Little Wappinger Creek in the Town of Milan, Dutchess County, New York. CA-033-26 BP/CEB/rjw L-6615 3/5/2026 Fiscal Impact: See Attached. APPROVED Sue Serino SUSAN J. SERINO COUNTY EXECUTIVE Dato April 22,2026 STATE OF NEW YORK SS: COUNTY OF DUTCHESS resolution This in fle in it bate, of andersik, ed letic was epilature of the County Dutches, lay of of ad the forgoing resolution vih the min 202k and that the same is a truc and correct transcript of said original resolution and of the whole thereof. IN WITNESS WHERE, I have hereunto set my hand and seal of said Igislature this It day of ARe i / 2026. JULIE TIROISHII, CLERK OF THE LEGISLATURE COORDINATION Initialing indicates information only: County Executive ( County Attorney (as to form) pS Bl Public Works JF_ BP Finance DAS/ Bl Comptroller I Budget SUE SERINO COUNTY EXECUTIVE ROBERT H. BALKIND, PE. COMMISSIONER DAVID C. WHALEN DEPUTY COMMISSIONER DUTCHESS COUNTY GOVERNMENT DEPARTMENT OF PuBLIC WORKS MEMORANDUM TO: FROM: Robert H. Balkind, P.E., Commissioner Matthew W. Davis, Assistant Civil Engineer| MD DATE: February 27, 2026 RE: RESOLUTION REQUEST TO BEGIN CONDEMNATION PROCEEDINGS TO ACQUIRE A TEMPORARY EASEMENT FROM 789 SALISBURY TURNPIKE LLC IN CONNECTION WITH THE REPLACEMENT OF BRIDGE M-20, SALISBURY TURNPIKE (CR 53) OVER LITTLE WAPPINGER CREEK, TOWN OF MILAN, DUTCHESS COUNTY, NY The Department of Public Works is seeking authorization to begin condemnation proceedings to acquire a temporary easement to 4,056+/- square for the purchase price of $625.00 as described in the attached agreement to purchase real property. The temporary easement is located at 779-793 Salisbury Turnpike in the Town of Milan, Parcel Identification Number: (133600-6471-00-818291-0000).) (90) calendar days to consider this offer had passed. The County Attorney's Office will continue to try to contact and work with the property owner to secure the temporary easement without condemnation. If the County Attorney's Office can secure all the necessary closing documents before the April 13, 2026, legislative board meeting this The subject project is classified as a Type II Action as per 6 CRR-NY 617.5.(c). (1) and 626 Dutchess Turnpike, Poughkeepsie, New York 12603 | (845) 486-2085 | www.dutchessny.gov FISCAL IMPACT STATEMENT • NO FISCAL IMPACT PROJECTED APPROPRIATION RESOLUTIONS (To be completed by requesting department) Total Current Year Cost $ 625 Total Current Year Revenue $_ and Source Source of County Funds (check one): Existing Appropriations, •contingency, •Transfer of Existing Appropriations, [ Additional Appropriations, L Other (explain) Identify Line Items(s): Related Expenses: Amount $ Nature/Reason: Anticipated Savings to County: Net County Cost (this year): $625 Over Five Years: Additional Comments/Explanation: RESOLUTION REQUEST TO BEGIN CONDEMNATION PROCEEDINGS TO ACQUIRE A TEMPORARY EASEMENT FROM 789 SALISBURY TURNPIKE LLC, IN CONNECTION WITH THE REPLACEMENT OF BRIDGE M-20 SALISBURY TURNPIKE (CR 53) OVER LITTLE WAPPINGER CREEK, TOWN OF MILAN, DUTCHESS COUNTY, NEW ND Prepared by: Matthew W. Davis Prepared On: 2/26/26 Durpat AGREEMENT TO PURCHASE REAL PROPERTY Project: REPLACEMENT OF BRIDGE M-20, SALISBURY TURNPIKE (CR 53) OVER LITTLE WAPPINGER CREEK, TOWN OF MILAN, DUTCHESS COUNTY, NY This Agreement by and between 789 SALISBURY TURNPIKE LLC, with an address at 789 Salisbury Turnpike, Red Hook, NY 12571, 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 temporary easement to 4,056.00 +/- square feet of real property. Purchase Price: $625.00 Located at 779-793 Salisbury Turnpike, Milan, NY 12571, being further described on Map 1, Parcel 1, attached hereto. Being a portion of those same lands described in that certain deed dated September, 2015, and recorded November 10, 2015, as Document Number 02 2015 7361, in the Office of the County Clerk for Dutchess County, re: Parcel Number (133600-6471-00-818291-0000). 2. IMPROVEMENTS INCLUDED IN THE PURCHASE. The following improvements, if any, now in or on the property are included in this Agreement: None 3. TEMPORARY EASEMENT USE. The temporary easement shall be exercised for the purpose of access and constructing or reconstructing a bridge together with all appearances. 4. TERM OF TEMPORARY EASEMENT. The term of the temporary easement shall be for two (2) years. The commencement date may be up to nine (9) months after the may of extended as agreed to by belashe Self ang ied, the temporary easement. 5. PURCHASE PRICE. The total purchase price is SIX HUNDRED TWENTY FIVE AND 00/100 DOLLARS ($625.00). This price includes the real property described if aragraph 1 and the improvements described in paragraph 2, if any 6. THE PARTY OF THE SECOND PART is required to restore the property of the party of the first part that is disturbed as a result of construction personnel or equipment access to the condition that it was on the date of the execution of the temporary easement, to the extent reasonably possible. 7. THE PARTY OF THE FIRST PART AND ITS HEIRS, SUCCESSORS AND/OR ASSIGNS shall not be liable for personal injury or property damage caused by the carelessness, negligence or conduct of the party of the second part, its employees, contractors, invitees or agents in the use of the Easement Premises in connection with this temporary easement. . The party of the second part agrees to defend, 8. THE CONTRACTOR hired by the party of the second part shall maintain in effect during the term of this temporary easement, general liability insurance coverage to cover the work being done on the property that is the subject of the temporary easement. The party of the first part shall be listed as additional insured on the contractor's certificate of insurance. 9. 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. 10. 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. 11. RECORDING COSTS AND CLOSING ADJUSTMENTS. Buyer will pay all recording ees, it any. The following, as applicable and as deemed appropriate by the Buyel vill 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. 12. 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. 13. 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. 14. BUYER'S POSSESSION OF THE PROPERTY. For fee simple acquisitions and permanent and temporary 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. 15. 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 16. 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. 17. 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 APPROVED AS TO CONTENT: Department of Public Works _day of _2026, the SELLER 789 Salisbury Tumpike LLC, Print Name: Title: BUYER: County of Dutches EXHIBIT A COUNTY OF DUTCHESS DEPARTMENT OF PUBUC WORKS ACQUISITION MAP MAP NO. 1 PARCEL NO 1 SHEET 1 OF 2 SHEETS REPLACEWEHT OF BRIDGE N-20 SATSBURY TURNPIKE OVER LITTLE HAPPINGER CREEX Porcel Locator Point: Porcel No: 1 E 685318567 789 SALISBURY TURNPIKE LLC (REPUTED OWNER) UBER 22015 PAGE 7361 Parcel Summary: own of SitA Stole of Her Tors 789 SALISBURY TURNPIKE LLC (REPUTED OWNER) TAX ID 133600 - 6471 - 00 - 818291 LIBER 22015 PAGE 7361 789 SAUSBURY TPKE LITTLE WAPPINGER CREEK ARI KAPLAN (REPUTED OWNER) TAX ID 133600 6471 - 00 936226 - UBER 22016 PAGE 7048 FILED MAP #12356 LOT 4 WINDING CREEK IN TE 4.056 Sa Feet 0.093 Acre: SALISBURY TURNPIKE KEVIN B. PIKE & ROBIN M. TOUCHE (REPUTED OWNER) TAX ID 133600 - 6471 - 00 - 784111 UBER 22018 PAGE 8485 818-822 SALISBURY TPKE 60 1" = 30° Prepared By. T. RUBIO _Checked By._ L GRAF _ Find Check By. S. DOLSON EXHIBIT A COUNTY OF DUTCHESS DEPARTMENT OF PUBLIC WORKS ACQUISITION MAP MAP NO. 1 PARCEL NO 1 SHEET 2 OF 2 SHEETS REPLACEKEHT OF BRIDGE M-20 2023 BRIDGE M-20 BASELINE CONTROL TIES TES NOT TO SCHLE COMFI - 38.3 SALISBURY TURNPIKE CRP 2 MAG STAL STA 0400 NYSPCS EAST ZONE NAD 83 N: 1137289.8274 686057.5413 NAVD 8B EL: 399.919 Parce 1: 2023 BRIDGE M-20 BASELINE CONTROL TIES TIES NOT TO SCALE 2023 BRIDGE M-20 BASELINE CONTROL TIES ¡FES NOT TO SCHE 4 STRE SALISBURY. TURNPIKE MAS CEP 1 MAG STEL STA 3+7229 HORT-ERLY NYSPCS EAST ZONE NAD B3 N: 1137266.4967 686429.1055 NAVD 8B EL: 390.758 Temporory Eoserrent lor Work Area SALISBURY TURNPIKE - 2T8L 312 CAP 3 VAG STBI STA 5463.46 NO MAL SEE OF AS E N PAVEMENT ON THE SOUTHEN NYSPCS EAST ZONE NAD 83 N: 1137235.1547 686617.7802 NAVD 88 EL: 398.725 EE322 The coe ra prede a bodie a on tea a i rain 3784) or the Replaceman of Bide 14-20, Solitury Tumpke over lite Beging nig ot 578% Station 0+00 (84 2 Mag Mai), Ihence runs Soulh a6 24'22 East dong the northly side of Salbury Tumpika la STBL Siolion 347220 (al thence runs Soulh 80' 34' C6" East crossing over Salisbury Tumpice to S/Br Stalion 5+63.45 (BL 3 Hog Nol). All bearings referred to True North al the 74° 30" Weridion of West Longiluda. properly and such use DON AVADST 14 2025 flat Blled dolion of the New Lox. standords and procedures le UST 212.29 Slephen P. Dolson - Land Surveyor PLS. License No. 050554 BER RENTEr My S0n. 2025 Prepared By. T. Ruao - Checked By. L GRAF _Finol Check By S. DOLSON Fle Hone: Noo 1-Por 1 Public Works and Capital Projects Roll Call District Name Yes No District 16 - Fishkill and Beacon Valdés Smith* X District 9 - City of Poughkeepsie Atkins* X District 20 - Red Hook, Tivoli, and Rhinebeck Munn* X District 3 - LaGrange Polasek* X District 12 - East Fishkill Metzger* X District 6 - Town of Poughkeepsie Kaul X District 8 - City and Town of Poughkeepsie Brendli (C) ABSENT District 10 - City of Poughkeepsie Johnson X District 14 - Wappinger and Town of Poughkeepsie Winsby X District 18 - City of Beacon and Fishkill Rhodes (VC) X District 22 - Beekman and Union Vale Tresca X District 24 - Dover and Pawling House X 11 Present: ____ 1 Absent: ____ Vacant: ____ Resolution: ____ Motion: ____ 11 Total : ______ ______ Yes No Abstentions: _____ 2026063 AUTHORIZING CONDEMNATION PROCEEDING TO ACQUIRE A TEMPORARY EASEMENT ON REAL PROPERTY OWNED BY 789 SALISBURY TURNPIKE LLC IN CONNECTION WITH BRIDGE M-20, SALISBURY TURNPIKE (CR 53) OVER LITTLE WAPPINGER CREEK REPLACEMENT PROJECT, IN THE TOWN OF MILAN Roll Call Sheets District Last Name YES NO District 16 - Fishkill and Beacon Valdés Smith District 9 - City of Poughkeepsie Atkins District 20 - Red Hook, Tivoli, and Rhinebeck Munn District 3 - LaGrange Polasek District 12 - East Fishkill Metzger District 1 - Town of Poughkeepsie Redl District 2 - LaGrange, Pleasant Valley & Town of Poughkeepsie Arnoff District 4 - Hyde Park and Town of Poughkeepsie Lawler District 5 - Town of Poughkeepsie Shah District 6 - Town of Poughkeepsie Kaul District 7 - Hyde Park and Pleasant Valley Darrow District 8 - City and Town of Poughkeepsie Brendli District 10 - City of Poughkeepsie Johnson District 11 - Clinton, Pleasant Valley, and Rhinebeck Kearney District 13 - East Fishkill and Wappinger Giles District 14 - Wappinger and Town of Poughkeepsie Winsby District 15 - Wappinger Faust District 17 - Town and Village of Fishkill McHoul District 18 - City of Beacon and Fishkill Rhodes District 19 - North East, Stanford, Pine Plains, Milan & Red Hook Drago District 21 - East Fishkill Caswell District 22 - Beekman and Union Vale Tresca District 23 - Pawling, Beekman and East Fishkill Rolison District 24 - Dover and Pawling House District 25 - Amenia, Washington, Pleasant Valley & Millbrook Alexander X X X X X ABSENT X X X X X X X X X X ABSENT X X X ABSENT X X X X 22 Present: ____ 3 Absent: ____ Vacant: ____ Resolution: ____ Motion: ____ 22 0 Total : ______ ______ Yes No Abstentions: ____ CONSENT AGENDA: RESOLUTIONS 2026043, 044, 045, 046, 047, 048, 049, 050, 052, 055, 056, 057, 059, 060, 061, 062, 063