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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; 2 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 3 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 4 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 5 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 6 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 7 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. 8 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 9