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521.93 RESOLUTION APPROVING EXTENSION OF THE QUEENSBURY TECHNICAL PARK SEWER DISTRICT TO BE KNOWN AS THE QUEENSBURY TECHNICAL PARK SEWER EXTENSION NO. 1 RESOLUTION NO. 520, 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 Queensbury Technical Park Sewer District, to be known as the Queensbury Technical Park Sewer Extension No. 1, and WHEREAS, a Map, Plan and Report has been prepared regarding the said proposed extension to the existing Queensbury Technical Park Sewer District, such extension to service an area of land in the amount of 28+\- acres, such area consisting of those parcels or lots being identified as having tax map numbers 110.00-1-2.1 and 110.00-1-22, 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 James J. Connors, P.E., of C.T. Male Associates, P.C., and stamped as prepared by an engineer licensed by the State of New York, and WHEREAS, said Map, Plan and Report shows the boundaries of the proposed extension to the Queensbury Technical Park Sewer District and a general plan of the proposed sewer system showing proposed installation of a duplex submersible grinder pump station, 195 lf of 2-inch PVC SDR 26 force main, 1,410 lf of 8-inch PVC SDR 35 gravity sewer, 8 precast concrete manholes, 515 or 545 lf of 6-inch PVC SDR 35 lateral pipe, and a Kor-N-Seal connection to an existing manhole, and with it also being set forth further that the sewage disposal plant is proposed to be the City of Glens Falls Sewage Disposal Plant, and that transmission mains of the Queensbury Technical Park 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 Queensbury Technical Park 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 Queensbury Technical Park Sewer 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 and property owners within said extension are benefitted thereby; 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 Queensbury Technical Park Sewer Extension No. 1 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 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 Queensbury Technical Park Sewer Extension No. 1 to the existing Queensbury Technical Park Sewer District are as follows: All that certain tract, piece or parcel of land situate in the Town of Queensbury, Warren County, New York, lying generally Southwesterly of Dix Avenue (County Route No. 42) and generally Westerly of Quaker Road (New York State Route No. 254) being more particularly bounded and described as follows: BEGINNING at the point of intersection of the Southwesterly margin of Dix Avenue with the Westerly highway boundary of Quaker Road and thence from said point of beginning along said Westerly highway boundary of Quaker Road the following two (2) courses: 1) South 27 deg. 53 min. 29 sec. East 514.04 feet to a point; and 2) South 25 deg. 14 min. 04 sec. East 413.70 feet to its point of intersection with the Northwesterly margin of Highland Avenue New York State Route No. 32; thence along said Northwesterly road margin the following two (2) courses: 1) South 59 deg. 06 min. 33 sec. West 242.69 feet to a point; and 2) South 53 deg. 45 min. 30 sec. West 84.08 feet to its point of intersection with the division line between the lands of said Claude C. Charlebois as described in Book 729 of Deeds at Page 221 on the Northeast and lands now or formerly of the Niagara Mohawk Power Corporation, formerly lands of the Adirondack Power and Light Corporation, as described in Book 157 of Deeds at Page 556 on the Southwest; thence North 65 deg. 13 min. 10 sec. West along the last mentioned division line 866.30 feet to its point of intersection with the division line between the lands of said Charlebois on the East and other lands of Niagara Mohawk Power Corporation, formerly lands of the Adirondack Power and Light Corporation, as described in Book 155 of Deeds at Page 320 on the West; thence along the last mentioned division line North 07 deg. 58 min. 00 sec. East 72.72 feet to its point of intersection with the division line between the lands of said Charlebois on the Northeast and lands of said Niagara Mohawk Power Corporation formerly lands of the Adirondack Power and Light Corporation as described in Book 155 of Deeds at Page 320 on the Southwest; thence North 65 deg. 13 min. 10 sec. West along the last mentioned division line 664.11 feet to its point of intersection with the division line between the lands of said Charlebois on the East and lands now or formerly of the Town of Queensbury as described in Book 756 of Deeds at Page 152 on the West; thence North 08 deg. 04 min. 10 sec. East along the last mentioned division line 822.41 feet to its point of intersection with the Southwesterly margin of Dix Avenue; thence along said Southwesterly margin the following three (3) courses: 1) South 64 deg. 37 min. 10 sec. East 673.53 feet to a point; thence 2) South 65 deg. 12 min. 23 sec. East 131.89 feet; and 3) South 65 deg. 37 min. 30 sec. East 59.35 feet to its point of intersection with the division line between lands of said Charlebois on the Northwest and lands now or formerly of Willston Realty Company as described in Book 400 of Deeds at Page 456 and Book 469 of Deeds at Page 504 on the Southeast; thence South 24 deg. 37 min. 20 sec. West along the last mentioned division line 200.00 feet to its point of intersection with the division line between the lands of said Charlebois on the Southwest and lands of said Willston Realty Company on the Northeast; thence South 65 deg. 22 min. 40 sec. East along the last mentioned division line 275.00 feet to its point of intersection with the division line between the lands of said Charlebois on the Southeast and lands of said Willston Realty Company on the Northwest; thence North 24 deg. 37 min. 20 sec. East along the last mentioned division line 200.00 feet to its point of intersection with the Southwesterly margin of Dix Avenue; thence along said Southwesterly road margin South 65 deg. 21 min. 45 sec. East 99.95 feet to the point or place of beginning, containing 27.934 +/- acres of land. 3. The improvements shall consist of the purchase and installation of a duplex submersible grinder pump station, 195 lf of 2-inch PVC SDR 26 force main, 1,410 lf of 8-inch PVC SDR 35 gravity sewer, 8 precast concrete manholes, 515 or 545 lf of 6-inch PVC SDR 35 lateral pipe, and a Kor-N-Seal connection to an existing manhole, as more specifically set forth in the aforedescribed Map, Plan and Report prepared by C. T. Male Associates, P. C. 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 $130,000.00, said improvement cost to be paid by the developer and at no cost to the Town of Queensbury or the Queensbury Technical Park Sewer District, for the proposed 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 Queensbury Technical Park 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 Queensbury Technical Park 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 Queensbury Technical Park 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 Queensbury Technical Park 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 the Queensbury Technical Park 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 Queensbury Technical Park 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. Duly adopted this 20th day of September, 1993, by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Goetz, Mr. Brand NOES: Mrs. Monahan ABSENT: None I, Caroline Mann Mitchell, Deputy Town Clerk of the Town of Queensbury, Warren County, New York, do hereby certify that I have compared the foregoing with the original resolution as listed above adopted at a Regular Meeting of the Town Board of the Town of Queensbury held on the 20th day of September, 1993 at which a quorum was present and that the same is a correct transcript therefrom and of the whole original thereof to date. IN WITNESS THEREOF, I have hereto set my hand and the SEAL of said Town of Queensbury, this 21st day of September, 1993. SEAL SIGNED:_______________________________________ Caroline Mann Mitchell Deputy Town Clerk-Queensbury DATED: September 25, 1993