098.97
RESOLUTION AND FINAL ORDER ESTABLISHING
BIG BAY ROAD/BIG BOOM ROAD EXTENSION #1
TO THE QUEENSBURY CONSOLIDATED WATER DISTRICT
RESOLUTION NO. 98.97
INTRODUCED BY: Mrs. Carol Pulver
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Betty Monahan
WHEREAS, the Town Board of the Town of Queensbury is desirous
of adopting a resolution and Final Order 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 service
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 in the Town of Queensbury and are available for
public inspection, and
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 the Town Board notes that the manner in
which this district is established takes into consideration the
cost of improvements benefitting the Queensbury Consolidated Water
District and the low cost of improvements benefitting the immediate
existing properties, and
WHEREAS, the Town Board of the Town of Queensbury held a
public hearing on December 2, 1996 concerning the establishment of
said Water District Extension, at which time all persons interested
were afforded an opportunity to be heard, and
WHEREAS, the said Town Board has considered the establishment
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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, a 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 6th day of January, 1997, determining
to create said Water 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, State Comptroller approval is not necessary,
NOW, THEREFORE, BE IT
RESOLVED AND ORDERED, 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 Big Bay Road/Big Boom Road
Extension #1 to the Queensbury Consolidated Water District as the
same has been described in the map, plan and report on file with
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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 §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 AND ORDERED, 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 description 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
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State Department of Environmental Conservation;
2. The boundaries of the Big Bay Road/Big Boom Road Extension
#1 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
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
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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
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.
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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 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
Developer will contribute towards existing facilities, and parcels
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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, 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 and
area involved are on file in the Town Clerk's Office of the Town of
Queensbury for public inspection;
and
BE IT FURTHER,
RESOLVED,
1. that a certified copy of this resolution and order be
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further filed and recorded 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 Counsel'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 IT FURTHER,
RESOLVED, that this Order is a Final Order and shall take
effect immediately.
Duly adopted this 3rd day of March, 1997, by the following
vote:
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AYES : Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr.
Champagne
NOES : None
ABSENT: None
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