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307.98 RESOLUTION AND FINAL ORDER APPROVING ESTABLISHMENT OF THE QUEENSBURY TECHNICAL PARK SEWER DISTRICT EXTENSION NO. 2 TO THE QUEENSBURY TECHNICAL PARK SEWER DISTRICT RESOLUTION NO. 307, 98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town Board of the Town of Queensbury wishes to establish an extension to the Queensbury Technical Park Sewer District to be known as the Technical Park Sewer Extension No. 2, and WHEREAS, Amerada Hess Corporation (the Developer) has agreed to make all necessary improvements and pay all the costs of such extension, and WHEREAS, a Map, Plan and Report has been prepared by James E. Mitchell, P.E., of The Environmental Design Partnership, LLP (EDP), an Engineer licensed by the State of New York, 900 Route 146, Clifton Park, New York 12065, regarding the said proposed extension to the existing Queensbury Technical Park Sewer District, to serve an area located along the north side of Dix Avenue, opposite the K-Mart property, just west of the intersection with Quaker Road in the Town of Queensbury, such area consisting of the parcel or lot identified as Tax Map No.: 110-1-2.7 as revised th by the Town Board as part of its public hearing and Resolution of July 6, 1998, as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, the Map, Plan and Report, as revised at such public hearing, shall hereafter be referred to as the “Revised Map, Plan and Report,” and WHEREAS, the Revised 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 Revised 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 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, §206-a, and WHEREAS, the Town Board considered the establishment of said extension in accordance with the provisions of the State Environmental Quality Review Act and adopted a negative declaration concerning environmental impacts, and WHEREAS, the Town Board also adopted a Resolution approving the extension of the District, subject to a permissive referendum, and WHEREAS, the Certificate of the Town Clerk required to be filed pursuant to Subdivision 4, Town §209-e establishes that no petition was filed requesting a referendum, and WHEREAS, State Comptroller approval is not necessary, and WHEREAS, the Town wishes to adopt a Final Order extending the Queensbury Technical Park Sewer District, NOW, THEREFORE, IT IS ORDERED, that it is the determination of the Town Board of the Town of Queensbury, that: 1.The Notice of Public Hearing was published and posted as required by law and is otherwise 2 sufficient. 2.An Agreement between the parties has been executed and filed in the Queensbury Town Clerk’s Office; 3.It is in the public interest to establish, authorize, and approve the Queensbury Technical Park Sewer District Extension No. 2 to the Queensbury Technical Park Sewer District as it has been described in the Revised Map, Plan and Report on file with the Town Clerk of the Town of Queensbury and as more specifically described herein; 4.All property and property owners within said extension are benefited thereby; 5.All property and property owners benefited are included within the limits of the extension; 6.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, ORDERED, that: 1.The Queensbury Technical Park Sewer District Extension No. 2 to the Queensbury Technical Park 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 Revised 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; 3 B. the obtaining of any necessary permits or approvals from the New York State Department of Environmental Conservation; 2. The boundaries of the Queensbury Technical Park Sewer District Extension No. 2 to the Queensbury Technical Park Sewer District are as follows: ALL THAT CERTAIN TRACT, PIECE OR PARCEL OF LAND SITUATE in the Town of Queensbury, County of Warren, State of New York lying at the intersection of the northerly line of Dix Avenue, County Road No. 42 and the southwesterly line of Quaker Road, County Road No. 70, N.Y.S. Route 254-Scenic Highway and being further bounded and described as follows: Beginning at a point marked with a concrete monument set at the point of intersection on the northerly line of Dix Avenue, County Road No. 42 with the common division line of lands now or formerly of Michael Mango and George S. Khachadourian as conveyed in Book 905 of Deeds at Page 84 to the west and the parcel herein being described to the east; thence from said point of beginning along said common division line, North 24 deg. 53 min. 20 sec. East, 50.00 feet to a point being the most southerly corner of other lands nor or formerly of George S. Khachadourian and Michael Mango as conveyed in Book 929 of Deeds at Page 25, said point located North 83 deg. 20 min. West, 0.3 feet from a bent capped iron rod found; thence along the common division line of said lands of George S. Khachadourian and Michael Mango as conveyed in Book 929 of Deeds at Page 25 to the northwest and the parcel of land herein being described to the southeast, North 48 deg. 20 min. 50 sec. East, 303.51 feet to a point in the southwest line of Quaker Road, County Road No. 70, N.Y.S. Route 254-Scenic highway, said point located North 37 deg. 20 min. West, 0.3 feet from a capped iron rod found; thence along said southwest line and the west line of Quaker Road the following three (3) courses and distances: 1) South 32 deg. 13 min. 30 sec. East, 151.35 feet to a point, said point located North 37 deg. 55 min. West, 1.0 feet from a concrete monument found 1.1 feet below the ground; 2) South 28 deg. 38 min. 10 sec. East, 370.00 feet to a point marked with a masonry nail set in asphalt pavement; 3) South 61 min. 21 min. 50 sec. West, 12.00 feet to a point marked with a masonry nail set in pavement at the point of intersection of the west line of Quaker Road and the northerly line of Dix Avenue; thence along said northerly line of Dix Avenue the following two (2) courses and distances: 4 1) North 65 deg. 15 min. 10 sec. West, 477.17 feet to a point; 2) North 65 deg. 06 min. 40 sec. West, 82.04 feet to the point or place of beginning of said parcel containing 2.295 ??? acres or 99,986 ??? square feet of land. Said parcel made subject to any and all enforceable covenants, conditions, easements and restrictions of record as they may appear. 3. The improvements to be included and made a part of the extension shall consist of the purchase and installation of 370 lf of sewer main running from the area proposed to be included in the extension to an existing sewer main in the Queensbury Technical Park Sewer District, as more specifically set forth in the Revised Map, Plan and Report prepared by James E. Mitchell, P.E. of The Environmental Design Partnership, LLP (EDP) 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 proposed to be expended for the improvement will not be greater than $26,180, plus a one time buy-in fee estimated to be $1.35 per gallon of average daily flow (1,840 gallons per day), which in this case would be $2,484, or a total of $28,664. Such improvement costs shall be paid by the Developer and there shall be no cost to the Town of Queensbury or the Queensbury Technical Park Sewer District, for the proposed extension. 5 The areas or properties that comprise 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 completely responsible for the same, as well as the charge payable to the City at the time of the initial connection of the extension; 8. In accordance with Town Law, Section 206-a, 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 6 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 Revised Map, Plan and Report describing the improvements and area involved is on file with the Town Clerk of the Town of Queensbury and is available for public inspection; and BE IT FURTHER, ORDERED, that the Town Clerk shall cause a certified copy of this Resolution and Order extending the Queensbury Technical Park Sewer District and consolidating the extension with the district, to be duly recorded in the Office of the Clerk of the County of Warren, and cause a certified copy of this Resolution to be sent to the State Department of Audit & Control at Albany, New York, the Town of Queensbury Assessor's Office, Community Development Department and Waste Water Department, within 10 days of the date of adoption of this Order. th Duly adopted this 17 day of August, 1998, by the following vote: AYES : Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES : None ABSENT: None 7