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024.97 NOTICE OF ADOPTION At the Organizational Meeting of the Town Board of the Town of Queensbury held on January 6th 1997 at 7:00 P.M. at the Town of Queensbury, 742 Bay Road, Queensbury, New York, the following resolution was passed: RESOLUTION APPROVING PROPOSED EXTENSION TO THE QUEENSBURY CONSOLIDATED WATER DISTRICT TO BE KNOWN AS THE "BIG BAY ROAD/BIG BOOM ROAD EXTENSION #1" RESOLUTION NO.: 24, 1997 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Town Board of the Town of Queensbury is desirous of establishing an extension to the Queensbury Consolidated Water District, to be known as the Big Bay Road/Big Boom Road Extension #1, and WHEREAS, a map, plan and report have been prepared on behalf of Joseph and Debra Gross (the Developers) by VanDusen & Steves and Haanen Engineering regarding the said extension of the existing Queensbury Consolidated Water District, such extension to serve an area adjacent to, in and around that area of the Town of Queensbury along the southerly end of Big Bay Road consisting of 31.53 acres and including a subdivision known as the Gross Subdivision, as more specifically set forth in the said map, plan and report, and WHEREAS, the map, plan and report have been filed in the Town Clerk's Office and are available for public inspection, and 1 WHEREAS, said map, plan and report show the boundaries of the proposed extension of the Queensbury Consolidated Water District, 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 distribution mains, gate valves and hydrants, together with the location and a general description of all related or appropriate 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 Town Law Article 12A and consolidate the same with the Queensbury Consolidated Water District, pursuant to §206-a of the Town Law of the State of New York, and WHEREAS, a public hearing concerning the establishment of the District Extension was duly held on December 2, 1996 at which time all persons interested were afforded an opportunity to be heard, 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, BE IT 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 2. it is in the public interest to establish, authorize, and approve the Big Bay Road/Big Boom Road Extension #1 to the existing Queensbury Consolidated Water 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; 4. all property and property owners benefitted are included within the limits of said extension; 5. pursuant to §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 BE IT FURTHER, RESOLVED, that: 1. The Big Bay Road/Big Boom Road Extension #1 to the Queensbury Consolidated Water 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 3 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. a permissive referendum in the manner provided in Article 7 of the Town Law of the State of New York; d. the adoption of a final Order by the Town Board of the Town of Queensbury; 2. The boundaries of the Big Bay Road/Big Boom Road Extension to the Queensbury Consolidated Water 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 BEGINNING bounded and described as follows: at a point in the easterly bounds of Big Bay Road in the westerly bounds of Interstate Route #87 at the existing southerly bounds of said Big Bay - Big Boom Water District; running thence southerly along said Interstate Route #87 and Big Bay Road, a distance of 80.00 feet more or less to a concrete monument found in the ground for a corner; thence continuing along said Interstate Route #87 South 14 degrees, 44 minutes and 20 seconds West, a distance of 346.53 feet to a concrete monument found in the ground for a corner; thence running South 66 degrees, 27 minutes and 35 seconds West, a distance of 58.28 feet to the northeast corner of Lot 4 Gross Subdivision; thence running South 23 degrees, 07 minutes and 21 seconds West along the easterly bounds of said Lot 4, a distance of 312.19 feet; thence running South 69 degrees, 56 minutes and 28 seconds West along the southerly bounds of Lots 4, 3, 2, & 1, a distance of 812.00 feet more or less to the shore of the Hudson River; thence running northerly along said Hudson River as it winds and turns, a distance of 239.00 feet more or less; thence running North 71 degrees, 06 minutes and 40 seconds East crossing Palmer Drive and continuing along the northerly 4 bounds thereof at the angle point thereof, a total distance of 148.00 feet more or less; thence running North 65 degrees, 01 minutes and 45 seconds East still along the northerly bounds of said Palmer Drive, a distance of 142.00 feet to an iron pipe found in the ground for a corner; thence running northerly along the rear of lots abutting Palmer Drive the following seventeen courses and distances: (1) North 22 degrees, 29 minutes and 37 seconds West, a distance of 88.22 feet; (2) North 22 degrees, 46 minutes and 59 seconds West, a distance of 49.87 feet; (3) North 23 degrees, 04 minutes and 14 seconds West, a distance of 100.33 feet; (4) North 22 degrees, 07 minutes and 27 seconds West, a distance of 49.58 feet; (5) North 23 degrees, 20 minutes and 17 seconds West, a distance of 100.43 feet; (6) North 20 degrees, 47 minutes and 07 seconds West, a distance of 74.95 feet; (7) North 24 degrees, 13 minutes and 30 seconds West, a distance o 125.17 feet; (8) North 15 degrees, 17 minutes and 50 seconds West, a distance of 186.65 feet; (9) North 03 degrees, 26 minutes and 17 seconds East, a distance of 98.32 feet; (10) North 02 degrees, 16 minutes and 18 seconds East, a distance of 101.14 feet; (11) North 11 degrees, 10 minutes and 09 seconds East, a distance of 101.06 feet; (12) North 16 degrees, 31 minutes and 58 seconds East, a distance of 99.43 feet; (13) North 19 degrees, 14 minutes and 36 seconds East, a distance of 41.96 feet; (14) North 08 degrees, 47 minutes and 43 seconds East, a distance of 202.50 feet; (15) North 13 degrees, 48 minutes and 32 seconds East, a distance of 198.25 feet; (16) North 13 degrees, 48 minutes and 14 seconds East, a distance of 100.04 feet; (17) North 20 degrees, 59 minutes and 52 seconds East, a distance of 76.79 feet to the existing Big Bay - Big Boom Water District; thence running southeasterly along the southerly bounds thereof the following six courses and distances: (1) South 53 degrees, 44 minutes and 40 seconds East, a distance of 458.72 feet; (2) South 29 degrees, 18 minutes and 40 seconds East, a distance of 79.77 feet; (3) South 29 degrees, 20 minutes and 31 seconds East, a 5 distance of 189.86 feet; (4) South 29 degrees, 23 minutes and 39 second East, a distance of 444.56 feet; (5) South 36 degrees, 35 minutes and 15 seconds East, a distance of 225.28 feet; (6) Northeasterly crossing said Big Bay Road 100.00 feet more or less to the point and place of beginning, containing 31.53 acres of land, to be the same more or less. Bearings given in the above description refer to magnetic North. 3. The improvements to be constructed by the Developer and included and made a part of the extension shall consist of the purchase and installation of water distribution mains, hydrants and gate valves and such other facilities as more specifically set forth in the aforesaid map, plan and report prepared by VanDusen & Steves and Haanen Engineering and the costs shall also include a proportionate share of the cost of the Water Treatment Plant, mains and other facilities of the existing Queensbury Consolidated Water District; 4. All proposed water mains and appurtenances shall be installed in full accordance with the Town of Queensbury specifications and ordinances and in accordance with approved plans and specifications and under competent engineering supervision and thereafter all water mains and improvements shall be turned over to the Town of Queensbury without charge; 5. The maximum amount proposed to be expended for said improvement is estimated to be $30,000, said amount to be paid by the Developer; 6. There will be no financing of the proposed Water District Extension improvements by the proposed District, the Town of Queensbury, or the Queensbury Consolidated Water District, the 6 Developer will contribute towards existing facilities, and parcels in the proposed District will contribute to the Consolidated Water District as herein set forth; 7. In accordance with §206(A) of the Town Law of the State of New York, all of the expenses of the Queensbury Consolidated Water District, including all extensions heretofore or hereafter established, shall be a charge against the entire area of the district as extended; 8. 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 Consolidated Water District and such assessments shall be made on an ad valorem basis and user charge basis (water meter charges); 9. The map, plan and report describing the improvements are 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 in 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 6th day of January, 1997, by the following vote: AYES : Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne 7 NOES : None ABSENT: Mrs. Pulver I, Darleen M. Dougher, 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 the Organizational Meeting of the Town Board of the Town of Queensbury held on the 6th day of January, 1997 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 8th day of January 1997. S E A L SIGNED:__________________________ Darleen M. Dougher Town Clerk Town of Queensbury DATED: Janaury 13, 1997 DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY 8