284.2011 Dedication Sanitary Sewer Force Main
RESOLUTION ACCEPTING FUTURE DEDICATION OF SANITARY SEWER
FORCE MAIN FROM SCHERMERHORN RESIDENTIAL HOLDINGS, L.P.
AND/OR WESTBROOK SENIOR RESIDENCES, LLC
RESOLUTION NO. 284, 2011
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, Schermerhorn Residential Holdings, L.P. and/or Westbrook Senior Residences,
LLC (“Schermerhorn”) and/or other future owners of the Senior Residences located at 1260 West
Mountain Road, Tax Map Parcel No.:288.-1-64, will be constructing a sewer system to serve its new
development called Westbrook Apartments, and
WHEREAS, such sewer system will connect to the Town of Queensbury’s sanitary sewer
force main near the intersection of Route 9 and Gurney Lane close to the Warren County Municipal
Center, and
WHEREAS, Schermerhorn has agreed to sign an Out-of-District Agreement with the Town
and
WHEREAS, the sanitary sewer force main will pass under Interstate Route 87, and
WHEREAS, the New York State Department of Transportation needs the sanitary sewer
force main to be dedicated to the Town after construction, and
WHEREAS, the sewer system has been constructed with excess capacity that, if the Town
owned the sanitary sewer force main, the Town could in the future provide sewage capacity to other
Town properties or a new sewer district in such area, and
WHEREAS, it is a critical requirement to the Town Board that the Town shall not be
responsible for any additional costs and that Schermerhorn pay all costs associated with this sanitary
sewer force main, even if it is owned by the Town,
NOW, THEREFORE, BE IT
RESOLVED, that the Town of Queensbury shall accept dedication of such sanitary sewer
force main after its construction upon the following conditions:
1.That Schermerhorn sign an Out-of-District Agreement in form acceptable to the Town
Supervisor and Town Counsel;
2.That Schermerhorn construct the sewer system, including the sanitary sewer force
main, consistent with the plans and specifications provided to and approved by the
Town Wastewater Director, who shall confirm that it is constructed in such
fashion;
3.That Schermerhorn dedicate, at no cost to the Town, such sanitary sewer force
main to the Town so that the Town shall have the right to use any excess capacity;
4.That Schermerhorn shall make payments to the Town as if its property were in the
Town’s Route 9 Sewer District;
5.That, in addition, Schermerhorn shall pay all costs for operation and maintenance
and repair and replacement of the sanitary sewer force main in accordance with
Town standards as shall be determined by the Town Wastewater Director;
6.That Schermerhorn shall grant the Town such reasonable easements as the Town
may deem necessary or desired to be able to connect other properties in the Town
to the sanitary sewer force main in such locations as the Town Wastewater
Director shall determine;
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7.That Schermerhorn shall maintain the pump station to be constructed as part of the
sewer system to Town standards, and, if the Town Wastewater Director requests
it, Schermerhorn shall transfer, at no cost, the pump station to the Town; and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town
Wastewater Director and/or Town Counsel to sign all documents and take all actions necessary to
effectuate the terms of this Resolution.
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Duly adopted this 12 day of September, 2011, by the following vote:
AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough
NOES : None
ABSENT: None
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