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703.91 RESOLUTION AND FINAL ORDER ESTABLISHING QUEENSBURY WATER DISTRICT - BAY ROAD WATER DISTRICT EXTENSION NO. 1 RESOLUTION NO.:703, 1991 INTRODUCED BY: Mrs. Marilyn Potenza WHO MOVED ITS ADOPTION SECONDED BY: Mr. Stephen Borgos WHEREAS, the Town Board of the Town of Queensbury is desirous of establishing an extension to the Queensbury Consolidated Water District, and WHEREAS, the Town Board of the Town of Queensbury is desirous of establishing an extension to the Queensbury Consolidated Water District, 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 along the westerly side of Bay Road some 650' to 1300' northerly of Blind Rock Road, which area consists of a lot of 20,000 square feet upon which a home is situated and an approved subdivision tract of 16.9 acres where a high density residential development is planned and which tract is further identified as Cedar Court, and WHEREAS, the map, plan and report has been filed in the Town Clerk's Office in the Town and is available for public inspection, and WHEREAS, the map, plan and report were prepared by Charles H. Scudder, Consulting Engineer, Box 792, Glens Falls, New York 12801, an engineer licensed by the State of New York, showing 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 public works existing or required, and WHEREAS, the Town Board of the Town of Queensbury desires to establish the said proposed water district extension pursuant to Article 12A and consolidate the same with the Queensbury Consolidated Water District, pursuant to Section 206(a) of the Town Law of the State of New York, 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 WHEREAS, the facilities set forth on the aforesaid map, plan and report have been installed but not yet placed into service with the exception of a fire hydrant and one house for which a contract for water services was entered into with the Town, subject to certain conditions including a termination if a water permit is not obtained from NYS DEC, and WHEREAS, the said Town Board has considered the establishment of said district extension in accordance with the provisions of the State Environmental Quality Review Act and has adopted a negative declaration concerning environmental impacts, and WHEREAS, notice of such public hearing was duly published and posted as required by law, and WHEREAS, after said public hearing and consideration of the State Environmental Quality Review Act, the said Town Board duly adopted a resolution on the 11th day of July, 1989, determining to create said district extension, and WHEREAS, the Town Clerk of the Town of Queensbury has reported that petitions requesting a referendum have not been filed, and WHEREAS, the State Comptroller approval is not necessary, NOW, THEREFORE, IT IS RESOLVED, that it is the final 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 - Bay Road Water Extension No. 1 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 5) pursuant to Section 206.a 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 Queensbury Consolidated Water District - Bay Road Water District Extension No. 1 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, subject to the following: a) The obtaining of necessary permits or approvals from the New York State Department of Health; b) the obtaining of the necessary permits from the New York State Department of Environmental Conservation; 2. The boundaries of the extension of the Queensbury Consolidated Water District are as follows: All the certain parcel of land situate in the Town of Queensbury, Warren County, New York, located westerly of the easterly line of Bay Road, in said Town, and which parcel is bounded and described as follows: BEGINNING at a point in the westerly bounds of Bay Road at a distance of 685.5 feet northerly of the centerline of Blind Rock Road, and which point of beginning is the southeast corner of lands of Gerald V. and Delores W. West; running thence from the place of beginning, in a westerly direction for a distance of 200 feet, more or less, to the southwest corner of said lands of West; thence in a northerly direction for a distance of 100 feet, more or less, to the northwest corner of said lands of West; thence in a westerly direction, along the division line between Lot 39 of the First Division of the Queensbury Patent on the South and Lot 40 of said patent on the North, and along the southerly line of lands of Arthur E. and Gertrude E. Thornton, and the northerly line of lands of Continental Insurance Company, for a distance of 964.4 feet, more or less, to an iron pipe marking the southwest corner of said lands of Thornton; thence in a northerly direction, along the westerly line of said lands of Thornton, and the easterly line of lands of Glens Falls Real Estate Company, for a distance of 770 feet, more or less, to the southwest corner of lands of Charles R. Barber; thence in an easterly direction, along the southerly line of said lands of Barber, and the southerly line of lands of Harry C. Prutsman, et al., and along the northerly line of said lands of Thornton, for a distance of 1527 feet, more or less, to the westerly line of Bay Road; thence in a southwesterly direction, along said westerly line, for a distance of 175 feet, more or less; thence easterly, crossing Bay Road to the southwest corner of lands now or formerly of Ellen J. Hillis, thence southerly, along the easterly line of Bay Road, for a distance of 345 feet more or less, to the easterly extension of the southerly line of said lands of West; thence westerly, crossing Bay Road, to the place of beginning, and containing approximately 18 acres, more or less; 3. The improvements to be included and made a part of the proposed district extension are generally water distribution facilities for the above described parcel, said improvements including water mains, gate valves and hydrants and said improvements are more fully set forth in the map, plan and report on file with the Town Clerk of the Town of Queensbury; 4. All proposed new water mains and appurtenances have been installed by the subdivision developer and shall be turned over to the Town of Queensbury without charge; 5. It is reported that all proposed water mains and appurtenances are installed in full accordance with the Town of Queensbury specifications; 6. The maximum amount proposed to be expended for the said improvement will not be or is not greater than $65,000.00, said amount paid or to be paid by the developer and at no cost to the Town of Queensbury, the Queensbury Consolidated Water District, or the proposed district extension; 7. The method of apportioning the costs is such that the developer of area where the water district will be situated will pay the costs of installing the watermains and appurtenances necessary to be installed in the district, and the developer will pay all engineering costs associated with the engineering of the map, plan and report; 8. There will be no financing of the establishment of the water improvements and district by the Town of Queensbury or the Queensbury Consolidated Water District. The developer will contribute towards existing facilities and parcels in the proposed district and will contribute toward existing debt of the consolidated water district as herein set forth; 9. Expenses occasioned after the creation of the said district shall be assessed, levied, and collected from the several lots and parcels of land within said district on an ad valorem basis for retirement of debt and operation and maintenance of the entire district as consolidated; 10. The map, plan and report describing the improvements are on file in the Town Clerk's Office, for public inspection, and BE IT FURTHER RESOLVED: 1. that a certified copy of this resolution and order be further filed and reworded in the Office of the Clerk of the County of Warren; 2. that the Town Clerk as required by law, file a certificate with the Clerk of the County of Warren that no petitions for referendum have been filed; 3. that any other filings of this resolution mandated by law be completed by the Town Attorney's Office, and BE IT FURTHER, RESOLVED, that a consolidated assessment bill shall be prepared for next year in which assessments are levied against the extended district, and BE IF FURTHER, RESOLVED, that this Order is a Final Order and shall take effect immediately. Duly adopted this 30th day of December, 1991, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Montesi