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071.2020 Final Order Approving Route 9 Sanitary Sewer District Ext. No RESOLUTION AND FINAL ORDER APPROVING ROUTE 9 SANITARY SEWER DISTRICT EXTENSION NO. 3 RESOLUTION NO.: 71, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board wishes to establish an extension to the Town’s Route 9 Sanitary Sewer District (hereinafter the “District”) to be known as the Route 9 Sanitary Sewer District Extension No. 3 (hereinafter the “Sewer District Extension”), and WHEREAS, a Map, Plan and Report has been prepared by Lansing Engineering, engineers licensed by the State of New York regarding the proposed Sewer District Extension to permanently serve an existing apartment development known as Robert Gardens North on one (1) parcel bearing tax map identification no.: 296.17-1-41 and located at 220 Weeks Road as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, the Map, Plan and Report has been accepted and approved by the Town and has been filed in the Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed Sewer District Extension, a general plan of the proposed sewer system, a report of the proposed sewer system and method of operation, and WHEREAS, the Town Board has considered the establishment of the Sewer District Extension in accordance with the provisions of the State Environmental Quality Review Act and has adopted a Negative Declaration concerning environmental impacts, and nd WHEREAS, on December 2, 2019 subsequent to the filing of the Map, Plan and Report with the Town Clerk, the Town Board adopted an Order (Public Hearing Order) reciting (a) the boundaries of the proposed Sewer District Extension; (b) the proposed improvements; (c) the maximum amount proposed to be expended for the improvements; (d) the fact that all costs of the improvements will be paid for by the property owner and not the Town of Queensbury; (e) the estimated cost of hook-up fees (if any) and the cost of the Sewer District Extension to the only one property in the Sewer District Extension so it is the typical property); (f) the proposed method of financing to be employed; (g) the fact that a Map, Plan and Report describing the improvements is on file in the Town Clerk’s Office; and (h) the time and place of a public hearing on the proposed Sewer District Extension; and WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed with the Office of the State Comptroller, all as required by law, and also placed on the Town’s website, and WHEREAS, prior to publication of the Public Hearing Order, a detailed explanation of how the estimated cost of hook-up fees (if any) and the cost of the Sewer District to the parcel were computed was filed with the Town Clerk for public inspection as part of the Map, Plan and Report, and WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed with the Office of the State Comptroller, all as required by law, and WHEREAS, the estimated annual cost of the District Extension to the parcel has been filed with the Town Clerk and is made a part of the Map, Plan and Report, and WHEREAS, a public hearing on the proposed Sewer District Extension was duly held on th Monday, December 16, 2019 and the Town Board has considered the evidence given together with other information, and th WHEREAS, on December 16, 2019 the Town Board adopted Resolution No.: 406,2019 determining that (a) the Order scheduling the Public Hearing was published and posted as required by law and was otherwise sufficient, (b) all of the property and property owners within the proposed 2 District Extension would be benefited thereby, (c) all of the property and property owners benefited are included within the boundaries of the proposed District Extension, and (d) it is in the public interest to establish, authorize, and approve the District Extension as described in the Map, Plan and Report on file with the Queensbury Town Clerk with the boundaries and benefited properties of the Sewer District Extension to be as described in the Map, Plan and Report, subject to permissive referendum in the manner provided in Town Law Article 7 and subject to certain conditions specified in the Resolution, and WHEREAS, the Town Clerk duly posted and published the notice required for resolutions subject to permissive referendum and no petition for referendum was filed within 30 days after the date of the Resolution, and the Town Clerk has caused a certificate to that effect to be filed in the office of the County Clerk, and WHEREAS, the permission of the State Comptroller is not required in accordance with Town Law §209-f, and WHEREAS, the Town Board wishes to establish the proposed District Extension as detailed in the Map, Plan and Report in accordance with Town Law Article 12-A, NOW, THEREFORE, IT IS HEREBY ORDERED, that the Route 9 Sanitary Sewer District Extension No. 3 be established as described in this Order and in the Map, Plan and Report prepared by Lansing Engineering having extension boundaries as detailed in the metes and bounds description from the Town’s Public Hearing nd Order Resolution No.: 399,2019 dated December 2, 2019 and attached hereto as Schedule A and the improvements described in the Map, Plan and Report be constructed and the service within the District be provided upon the required funds being made available or provided for, and it is FURTHER ORDERED, that the Town Clerk is hereby authorized and directed to cause a certified copy of this Order to be duly recorded in the office of the Clerk of Warren County and to be 3 filed in the office of the State Department of Audit and Control in the time and manner required by law, and it is FURTHER ORDERED, that the Town Board authorizes and directs the Town Supervisor, Town Clerk, Wastewater Director and/or Town Counsel to take all other actions necessary to effectuate the terms of this Resolution. th Duly adopted this 27 day of January, 2020, by the following vote: AYES: Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES: None ABSENT: Mrs. Switzer 4 SCHEDULE A – Metes and Bounds Description All that certain sewer district extension situate in the Town of Queensbury, County of Warren, State of New York lying along the northerly line of Weeks Road, being further bounded and described as follows: Beginning at the point of intersection of the common division line between tax map parcel (T.M.P.) 296.17-1-41 to the East and T.M.P. 296.69-1-34 to the West with the northerly line of Weeks Road, thence from said point of beginning in a northerly direction along said common division line and the easterly lines of T.M.P.’s 296.69-1-32, 27, 22 and the easterly line of Queens Way, 875± feet to a point in the southerly line of T.M.P. 296.13-1-20, thence in a easterly direction along said southerly line, 656± feet to the point of intersection with the westerly line of T.M.P. 296.13-1-17.1, thence in a southerly direction along said westerly line and along the westerly line of T.M.P. 296.17-1-42, 870± feet to a point in the northerly line of Weeks Road, thence along said northerly line 863± feet to the point of beginning. Intending to describe tax map parcel 296.17-1-41 and as more specifically set forth and described in the Map, Plan and Report. 5