454.93
RESOLUTION APPROVING THE ESTABLISHMENT OF THE
ROUTE 9 EXTENSION NO. 1 TO THE
CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT
RESOLUTION NO. 454, 93
INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Michel Brandt
WHEREAS, the Town Board of the Town of Queensbury is desirous
of establishing an extension to the existing Central Queensbury
Quaker Road Sewer District, to be known as the Route 9 Sewer
Extension No. 1, and
WHEREAS, a Map, Plan and Report has been prepared regarding
the said proposed extension to the existing Central Queensbury
Quaker Road Sewer District, such extension to service an area to
the north of the existing district and on the westerly side of
Route 9, such area consisting of those parcels or lots being
identified as having tax map numbers 71-1-9, 71-1-03 and 71-1-05,
with the boundaries of the proposed extension being more fully set
forth herein and in the 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 Flint,
Allen, White and Radley, engineers licensed by the State of New
York, and
WHEREAS, said Map, Plan and Report shows the boundaries of the
proposed extension to the Central Queensbury Quaker Road Sewer
District and a general plan of the proposed sewer system showing
1,880 lineal feet of extension of sewer main with necessary
manholes, valveing, and laterals, if any, with it also being set
forth further that the sewage disposal plant is proposed to be the
City of Glens Falls Sewage Disposal Plant, to be used in accordance
with the terms and provisions of an Agreement and the transmission
mains of the Central Queensbury Quaker Road Sewer District shall
also be used to transport the sewage from the said extension to the
City Plant, and
WHEREAS, the Town Board of the Town of Queensbury desires to
establish the said proposed sewer extension pursuant to Town Law,
Article 12A, and consolidate the same with the Central Queensbury
Quaker Road Sewer District pursuant to Town Law, §206A, and
WHEREAS, the said Town Board has considered the establishment
of said extension in accordance with the provisions of the State
Environmental Quality Review Act and has adopted a negative
declaration concerning environmental impacts,
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 Route 9 Extension No. 1 to the Central Queensbury
Quaker Road Sewer District, 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 and property owners within said extension
are benefitted thereby;
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4. all property and property owners benefitted are included
within the limits of said extension;
5. pursuant to §206a of the Town Law of the State of New
York, it is in the public interest to assess all expenses of the
district, including all extensions heretofore or hereafter
established as a charge against the entire area of the district as
extended and it is in the public interest to extend the district
only if all expenses of the district shall be assessed against the
entire district as extended, and
IT IS FURTHER,
RESOLVED, that:
1. The Route 9 Extension No. 1 to the Central Queensbury
Quaker Road Sewer District be and the same is hereby authorized,
approved and established in accordance with the boundaries and
descriptions set forth herein and in the previously described map,
plan and report, and construction of the improvement may proceed
and service provided and subject to the following;
a. the obtaining of any necessary permits or approvals from
the New York State Department of Health;
b. the obtaining of any necessary permits or approvals from
the New York State Department of Environmental
Conservation;
c. the execution of an agreement between the Developer
and/or Owner of properties to be served by the extension
and the Town, which agreement will provide that the
Developer and/or Owner will pay all costs of
construction of the extension, provide for the escrow of
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funds for such construction, provide for certain
specifications of construction, and contain such other
provisions as may be deemed appropriate by the Town
Board of the Town of Queensbury;
d. a permissive referendum in the manner provided in
Article 7 of the Town Law of the State of New York;
e. the adoption of a final Order by the Town Board of the
Town of Queensbury;
2. The boundaries of the Route 9 Extension No. 1 to the
Central Queensbury Quaker Road Sewer District are as follows:
All that certain piece or parcel of land situate,
lying and being in the Town of Queensbury, County of
Warren and the State of New York, more particularly
bounded and described as follows;
BEGINNING
at a point in the westerly bounds of New York
State Highway Route 9 at the northeast corner of the
lands conveyed to Herbert G. Sheinberg by deed dated
June 22, 1977 and recorded in book 606 of deeds at page
594 being also the southeast corner of the lands
conveyed to George W. Goetz and John R. Goetz by deed
dated March 30, 1983 and recorded in book 652 of deeds
at page 1010; running thence southerly along said bounds
of Route 9 the following two courses and distances:
(1) South 09 degrees, 49 minutes and 57 seconds East, a
distance of 164.16 feet;
(2) South 12 degrees, 58 minutes and 27 seconds East, a
distance of 26.43 feet to the northeast corner of the
lands of Mary R. Bodenweiser; running thence around the
land of said Sheinberg the following five courses and
distances:
(1) North 86 degrees, 41 minutes and 57 seconds West, a
distance of 139.77 feet;
(2) North 14 degrees, 39 minutes and 57 seconds West, a
distance of 4.81 feet;
(3) North 88 degrees, 14 minutes and 17 seconds West, a
distance of 172.67 feet;
(4) North 06 degrees, 17 minutes and 03 seconds East, a
distance of 195.74 feet;
(5) South 84 degrees, 26 minutes and 56 seconds East, a
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distance of 259.16 feet to the point and place of
beginning,
Bearings given in the above description refer to
the magnetic meridian as of 1966.
and
All that certain piece or parcel of land situate,
lying and being in the Town of Queensbury, County of
Warren and the State of New York, more particularly
bounded and described as follows:
BEGINNING
at the northeast corner of the lands conveyed
to George W. Goetz and John R. Goetz by deed dated March
30, 1983 and recorded in book 652 of deeds at page 1010
at the southeast corner of the lands of National Realty
and Development Corporation; thence running along the
common line between said lands of Goetz and said
National Realty & Development Corporation the following
three courses and distances:
(1) North 83 degrees, 39 minutes and 56 seconds West, a
distance of 243.25 feet;
(2) South 06 degrees, 10 minutes and 00 seconds West, a
distance of 199.82 feet;
(3) South 06 degrees, 11 minutes and 00 seconds West, a
distance of 14.59 feet; thence running around said lands
of National Realty & Development Corporation, the
following eight courses and distances:
(1) North 84 degrees, 42 minutes and 00 seconds West, a
distance of 219.84 feet;
(2) North 85 degrees, l9 minutes and 00 seconds West, a
distance of 107.88 feet;
(3) North 84 degrees, 19 minutes and 00 seconds West, a
distance of 99.59 feet;
(4) North 84 degrees, 45 minutes and 00 seconds West, a
distance of 234.60 feet;
(5) North 05 degrees, 22 minutes and 00 seconds East, a
distance of 967.48 feet to Weeks Road;
(6) South 84 degrees, 23 minutes and 00 seconds East, a
distance of 537.64 feet along said Weeks Road;
(7) South 03 degrees, 55 minutes and 00 seconds West, a
distance of 150.48 feet;
(8) South 83 degrees, 10 minutes and 30 seconds East, a
distance of 366.09 feet to Route 9 at the southeast
corner of the lands of Ling; thence running along said
Route 9 the following two courses and distances:
(1) South 07 degrees, 20 minutes and 43 seconds West, a
distance of 468.57 feet;
(2) South 06 degrees, 47 minutes and 45 seconds West, a
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distance of 124.94 feet to the point and place of
beginning.
Bearings given in the above description refer to
the magnetic meridian as of February 1966.
3. The improvements to be included and made a part of the
extension shall consist of the purchase and installation of
1,880+/- lineal feet of extension of sewer main with necessary
manholes, valveing, and laterals, if any, as more specifically set
forth in the aforedescribed Map, Plan and Report prepared by Flint,
Allen, White and Radley and the cost shall also include a payment
of the appropriate charge due the City of Glens Falls at the time
of the initial hook-up;
4. All proposed construction shall be installed and paid for
by the developer (including the cost payable to the City at the
time of initial hook-up) and shall be constructed and installed in
full accordance with the Town of Queensbury's specifications,
ordinances or local laws, and any State laws or regulations, and in
accordance with approved plans and specifications, and under
competent engineering supervision;
5. The maximum amount to be expended for said improvement
will not be greater than $90,000.00, said improvement cost to be
paid by the developer and at no cost to the Town of Queensbury, the
Central Queensbury Quaker Road Sewer District, or the proposed
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extension; The areas or properties a part of the extension,
however, will be subject to the same cost for operation,
maintenance and capital improvements as in the Central Queensbury
Quaker Road Sewer District;
6. The method of apportioning costs is such that the
Developer and/or Owner of the property which the extension will
service, will pay the cost for engineering, installation of the
sewer pipe, and necessary appurtenances and the initial capital
charge payable to the City of Glens Falls for use of its sewage
treatment plant. The extension will thereafter be consolidated
with the Central Queensbury Quaker Road Sewer District and
properties therein will be assessed taxes and/or pay user fees in
the same manner and in the same amounts as similar properties are
assessed or billed in the Central Queensbury Quaker Road Sewer
District;
7. There will be no financing of the construction or
installation cost for the proposed sewer extension and no amount
shall be paid therefor by the extension, the Town of Queensbury or
the Central Queensbury Quaker Road Sewer District, the developer
being responsible for the same, as well as the charge payable to
the City at the time of the initial connection of the sewer
district;
8. In accordance with Town Law, Section 206A, all expenses of
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the Central Queensbury Quaker Road Sewer District, including all
extensions included heretofore or hereafter established, shall be a
charge against the entire area of the district as extended;
9. Expenses occasioned after the creation of the extension
shall be assessed, levied, and/or collected from the several lots
and parcels of land within the extension on the same basis as the
assessments, levies, and/or collections are made in the Central
Queensbury Quaker Road Sewer District and such assessments shall be
made on a benefit basis and/or user charge basis;
10. The Map, Plan and Report describing the improvements and
area involved is on file with the Town Clerk of the Town of
Queensbury and available for public inspection;
and
BE IT FURTHER,
RESOLVED, that this resolution is subject to a permissive
referendum in the manner provided the provisions of Article 7 and
Article 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.
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Duly adopted this 16th day of August, 1993, by the following
vote:
AYES : Mr. Tucker, Mrs. Monahan, Mr. Brandt
NOES : None
ABSENT : Mr. Caimano
ABSTAIN : Mrs. Goetz
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