249.91RESOLUTION ESTABLISHING QUEENSBURY WATER DISTRICT FOR EASY STREET
EXTENSION
RESOLUTION NO. 249, 1991
, Introduced by Marilyn Potenza who moved
for its adoption, seconded by Mr. George Kurosaka.
WHEREAS, the Town Board of the Town of Queensbury is desirous of
establishing an extension to the Queensbury Consolidated Water
District to be known as the Easy Street Extension (referred to in
previous Resolutions as the "Easy Street Water District
Extension"), and
WHEREAS, a map, plan and report has been prepared regarding the
said extension of the existing Queensbury Consolidated Water
District, such extension to serve an area adjacent to, in and
around that area of the Town of Queensbury in the vicinity of the
intersection of West Mountain Road and Aviation Road, Easy Street,
Bennett Road, Eldridge Road and Queen Diana Lane, as more
specifically set forth in the said map, plan and report, and
WHEREAS, the map, plan and report has been filed in the Town
Clerk's Office in the Town of Queensbury and is available for
public inspection, and
WHEREAS, the map, plan and report was prepared by Raymond H. Irish,
P.E. and L.S., Consulting Engineer, RD #1, Box 508,
Queensbury, New York 12804, an engineer licensed by the State of
New York, and shows the boundaries of the proposed extension of the
Queensbury Consolidated Water District, and a general plan of the
water system, and a report of the proposed water system and method
of operation, and
WHEREAS, the map shows the water mains, gate valves, and hydrants,
together with the location and a general description of all
appropriate public works existing or required, and
WHEREAS, a Short Environmental Assessment Form and Negative
Declaration have previously been prepared, adopted and filed in
accordance with the requirements of the New York State
Environmental Quality Review Act, and
WHEREAS, a public hearing has previously been held and an order
adopted establishing the said Easy Street Extension subject to
State Controller approval, and the Town Board has been requested to
hold an additional public hearing, reconsider the establishment of
the district and provide notice of the same, which notice is to
include the actual legal description of the boundaries of the
district; the previous resolution and notice of hearing having
generally referred to the area of the district by referring to the
specific area of the district by reference to the map, plan and
report, and
WHEREAS, the Town Board of the Town of Queensbury held a public
hearing on July 9, 1990 concerning the establishment of said water
district extension at which time all persons interested were
afforded an opportunity to be heard, and has now held an additional
Public Hearing and Noticed said hearing on May 6, 1991 at which
time all persons interested were afforded an opportunity to be
heard, and
NOW, THEREFORE IT IS
RESOLVED, that it is the determination of the Town Board of the
Town of Queensbury, that
1. notice of said public hearing was published and posted
as required by law and is otherwise sufficient;
2. it is in the public interest to establish, authorize,
and approve the Queensbury Consolidated Water District -
Easy Street Extension as the same has been described in
the map, plan and report on file with the Town Clerk of
the Town of Queensbury and as more specifically
described herein;
3. all property, property owners, and interested persons
within said extension are benefitted thereby;
4. all property and property owners benefitted are included
in said extension; and
IT IS FURTHER
RESOLVED, that:
1. The Queensbury Consolidated Water District - Easy Street
Extension be and the same is hereby authorized approved
and established in accordance with the boundaries and
descriptions set forth in the previously described map,
plan and report, and construction of the improvement may
proceed and service provided, subject to the following:
a. the obtaining of necessary permits from the New
York State Department of Health;
b. the obtaining of necessary permits from the New
York State Department of Environmental
Conservation;
c. a permissive referendum in the manner provided in
Article 7 of the Town Law of the State of New York;
d. the adoption of the final Order by the Town Board
of the Town of Queensbury;
e. New York State Controller approval.
2. The boundaries of the extension of the Queensbury
Consolidated Water District are as follows:
DESCRIPTION OF PROPOSED EASY STREET DISTRICT
TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK
BEGINNING at the most westerly corner of Lot 121,
Block 8, Section 90 of the Tax Maps of the Town of
Queensbury, Warren County, New York. THENCE from said
point of beginning, westerly along the southerly
boundary of Lot 1, Block 1, Section 90 of the Tax Maps
of the Town of Queensbury, to the easterly side of West
Mountain Road; THENCE crossing West Mountain Road to the
southeasterly corner of Lot 1, Block 1, Section 85 of
the Tax Maps of the Town of Queensbury; THENCE
continuing in a westerly direction, along the southerly
boundary of said Lot 1, Block 1, Section 85, 425 feet to
a point; THENCE northerly, crossing through said Lot 11,
Block 1, Section 84 of the Tax Maps; THENCE westerly,
along the southerly boundary of lots 10 and 9, Block 1,
Section 84 to the point where the westerly boundary of
said Lot 9 intersections the northerly boundary of
Section 85; THENCE northerly along the westerly boundary
of Lots 9, 8, 5, and 3.1 of Block 1, Section 84, to the
southerly line of Thunderbird Road;
THENCE crossing Thunderbird Road, along the extension of
the westerly line of said Lot 3.1, to the southerly line
of Lot 20, Block 1, Section 85 of the Tax Maps of the
Town of Queensbury; THENCE easterly, along the southerly
line of Lot 20, Block 1, Section 85 to the point where
the northerly side of Thunderbird Road intersects the
southerly line of Butler Pond Road; THENCE crossing
Butler Pond Road to the northwesterly corner of Lot
18.23, Block 1, Section 85, and the southerly boundary
of Lot 17.221 of said Block 1, Section 85; THENCE
southeasterly, along the southerly boundary of said Lot
17.221 to the southeasterly corner of said Lot 17.221;
THENCE northeasterly, along the southeasterly boundary
of Lots 17.221 and 17.222, Block 1, Section 85 to the
northeasterly corner of said Lot 17.222; THENCE
westerly, along the northerly boundary of said Lot
17.222, to the southeasterly corner of Lot 16 of Block
1, Section 85, THENCE northerly, along the easterly
boundary of said Lot 16 to the southwesterly corner of
Lot 13, Block 1, Section 85; THENCE easterly, along the
southerly boundary of Lot 13, Block 1, Section 85, to
the westerly boundary of Lot 1, Block 1, Section 85;
THENCE along the southerly and easterly boundaries of
said Lot 1 to the most southerly corner of Lot 11, Block
1, Section 85; THENCE northerly, along the easterly
boundary of said Lot 11, a distance of 800 feet to a
point on the westerly boundary of Lot 10, Block 1,
Section 85; THENCE northeasterly, crossing through said
Lot 10, to the most northerly corner of Lot 8, also
being the most westerly corner of lot 7.70, Block 1,
Section 85; THENCE easterly, along the northerly
boundary of said Lot 7.70 to the southwesterly corner of
Lot 7.66, Block 1, Section 85 of the Tax Maps of the
Town of Queensbury;
THENCE northerly, easterly and southerly, along the
westerly, northerly and easterly boundary of said Lot
7.66 to the northwesterly corner of Lot 7.74, Block 1,
Section 85; THENCE easterly, along the northerly
boundary of Lots 7.74 and 7.75 to the northeasterly
corner of said Lot 7.75; THENCE southerly, along the
easterly boundary of lot 7.75 to the northerly line of
Hillside Drive;
THENCE easterly, along Hillside Drive, to the
southwesterly corner of Lot 7.77, Block 1, Section 85 of
the Tax Maps of the Town of Queensbury; THENCE northerly
and easterly along the westerly and northerly boundaries
of said lot 7.77, to the northeasterly corner of said
lot 7.77; THENCE southerly, along the easterly boundary
of Lots 7.77, 7.76 and 7.3 to the westerly boundary of
the Queensbury Water District; THENCE southwesterly and
southerly along the westerly boundary of the Queensbury
Water District, to the northerly boundary of Lot 12,
Block 3, Section 83 of the Queensbury Tax Maps;
THENCE westerly, along the northerly boundary of Lots 12
and 13 of Block 3, Section 83, to the northwesterly
corner of said Lot 13; THENCE southerly, along the
westerly boundary of Lots 13 and 6 of Block 3, Section
83, to the northerly boundary of Hummingbird Lane;
THENCE southerly, crossing Hummingbird Lane, to the
northwesterly corner of Lot 5, Block 3, Section 83;
THENCE southerly along the westerly boundary of Lot 5,
Block 3, Section 83 to the northerly boundary of
Eldridge Road; THENCE easterly along the northerly
boundary of Eldridge Road and Lots 10, 6.13, 6.6 and
6.19 of Block 1, Section 83, to the northeasterly corner
of said Lot 6.19;
THENCE southerly, along the easterly boundary of Lots
6.19, 6.14, 6.5, 6.8, 6.9, 6.15, 6.10 and 6.2 of Block
1, Section 83, to the northerly boundary of Aviation
Road; THENCE crossing Aviation Road to the northeasterly
corner of Lot 2, Block 2, Section 83; THENCE southerly,
along the easterly boundary of said Lot 2 and the
boundary of the Queensbury Water District to the
southeasterly corner of said Lot 2, Block 2, Section 83;
THENCE easterly, southerly, and westerly, along the
boundary of the Queensbury Water District, to the point
where said district boundary meets the southerly
boundary of Lot 1, Block 1, Section 90; THENCE along the
southerly boundary of said Lot 1, and the boundary of
the Queensbury Water District, to the point and place of
beginning.
3. The improvements proposed are generally the purchase and
installation of water distribution drains, hydrants and
gate valves and such other facilities or apparatus as
more specifically set forth in the aforesaid map, plan
and report prepared by Mr. Raymond Irish, P.E. and L.S.,
and the costs shall also include a proportionate share
of the cost of the water treatment plant, mains, and
other facilities of the existing Queensbury Consolidated
Water District.
4. All proposed water mains and appurtenances shall be
installed in full accordance with the Town of Queensbury
specifications and ordinances, and in accordance with
approved plans and specifications and under competent
engineering supervision.
5. The maximum amount proposed to be expended for the said
improvement is estimated to be $ 140,000.00.
6. The proposed method of financing will be by Serial Bonds
for a period of time not-to-exceed 20 years and Bond
Anticipation Notes, and the expenses occasioned by the
creation of the said Easy Street Extension shall be
assessed, levied and collected from the several lots and
parcels of land within the district on an ad valorem
basis for retirement of debt and operating and
maintenance with an additional charge for metered water
usage, as set forth in the engineer's map, plan and
report.
7. The map, plan and the report describing the improvements
are on file in the Town Clerk's Office, for public
inspection, and
BE IT FURTHER
RESOLVED, that this Resolution is subject to a permissive
referendum in accordance with the provisions of Article 7 and Part
12-A of the Town Law of the State of New York, and the Town Clerk
is hereby authorized and directed to file, post and publish such
notice of this Resolution as may be required by law.
Duly adopted this 6th day of May, 1991, by the following vote:
AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan,
Mr. Borgos
NOES: None
ABSENT: None