180.2011 Qsby lighting Disrict-Walmart
ORDER AUTHORIZING ESTABLISHMENT OF EXTENSION TO
QUEENSBURY LIGHTING DISTRICT
RESOLUTION NO.: 180, 2011
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, Wal-Mart is constructing a new store off Quaker-Ridge Boulevard and
arranging for the installation of street lights along such road, and requested that the Town of
Queensbury take over the future costs of such street lights and add the Wal-Mart parcel to the
Queensbury Lighting District, and
WHEREAS, Wal-Mart previously filed a Map, Plan and Report prepared by Bergmann
Associates in support of such extension, and
WHEREAS, the Town of Queensbury wishes to extend the Queensbury Lighting District
to include the new Wal-Mart parcel and to take over the responsibility for such street lights in
accordance with New York Town Law Article 12-A, and
WHEREAS, the Wal-Mart parcel will be the only parcel to be added to the Queensbury
Lighting District, and it will benefit from being in the District from customers being able to safely
travel to and from its store over Queensbury roads including Quaker-Ridge Boulevard, and
WHEREAS, the Map, Plan and Report has been filed in the Queensbury Town Clerk's
Office and is available for public inspection, and
WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed
extension to the Queensbury Lighting District, a general plan of the proposed extension and lights
to be added to the District, and
WHEREAS, this action is a Type II action per NYCRR §617.5(c)(11), so SEQRA review
is not required, and
nd
WHEREAS, on May 2, 2011, subsequent to the filing of the Map, Plan and Report with the
Town Clerk, the Town Board adopted an Order (the “Public Hearing Order”) reciting (a) the
boundaries of the proposed Lighting District Extension; (b) the proposed improvements; (c) the
maximum amount proposed to be expended for the improvements; (d) the proposed method of
financing to be employed; (e) the fact that a Map, Plan and Report describing the improvement is on
file in the Town Clerk’s Office; (f) that all expenses of the District, including all extensions, shall be a
charge against the entire District; and (g) the time and place of a public hearing on the proposed
Lighting District Extension, and
WHEREAS, the Town Board held a public hearing and heard all interested persons concerning
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the proposed Lighting District Extension on Monday, May 16, 2011 and the Town Board has
considered the evidence given together with other information, and
WHEREAS, the Town Board wishes to establish the proposed Lighting District Extension in
accordance with Town Law Article 12-A, and
NOW, THEREFORE, IT IS HEREBY
RESOLVED, that it is the determination of the Queensbury Town Board that:
1. The Notice of 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 Lighting District
Extension to the existing Queensbury Lighting District as described in the Map, Plan and Report on file
with the Queensbury Town Clerk;
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3. All property and property owners within the Extension are benefited;
4. All benefited property and property owners are included within the limits of the
Extension, with the boundaries of the proposed Extension to the Queensbury Lighting District as
set forth in the Map, Plan and Report and as follows:
All that tract or parcel of land situate in the Town of Queensbury, Warren County, State
of New York, being more particularly bounded and described as follows:
Beginning at a point on the northeasterly right of way line of Quaker Road (County Route
70), at the intersection with the southeasterly right of way line of Quaker Ridge
Boulevard, as dedicated to the Town of Queensbury by Volume 726 of Deeds, Page 234,
said point being the southwest corner of Lot 1 of the Quaker Ridge Commercial Plaza
Final Plat, filed as Plat C- #143 at the Warren County Clerk’s Office; thence,
North 30°-59’-11” East, on said southeasterly right of way line of Quaker Ridge
Boulevard and through the lands now or formerly of Forest Enterprises Management, Inc.
(Volume 3248, Page 87), a distance of 1,083.68 feet to a point on the division line
between the lands of said Forest Enterprises Management, Inc. on the south and the lands
now or formerly of Niagara Mohawk Power Corporation (Liber 358, Page 254) on the
north; thence,
North 89°-49’-26” East, on said division line, a distance of 723.52 feet to a point on the
division line between the lands of said Forest Enterprises Management, Inc. on the west
and the lands now or formerly of the County of Warren (Liber 1181, Page 150) on the
east; thence,
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South 07-48’-57” East, on said division line, a distance of 1039.34 feet to a 1” pipe
found on the division line between the lands of said Forest Enterprises Management, Inc.
on the northwest and the lands now or formerly of Binley Florist Inc. (Liber 1465, Page
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284) on the southeast; thence,
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South 51-14’-11” West, on said division line, a distance of 518.04 feet to a 1/2” pipe
found; thence,
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South 43-36’-49” East, continuing on said division line, a distance of 50.00 feet to a 3/4”
pipe found on the division line between the lands of said Forest Enterprises Management,
Inc. on the northwest and the lands now or formerly of Community Workshop Resources
Inc. (Liber 681, Page 773) on the southeast; thence,
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South 51-14’-11” West, on said division line, a distance of 300.00 feet to iron pin found
on the northeasterly right of way line of said Quaker Road; thence, the following four (4)
courses and distances on said northeasterly right of way line:
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North 43-36’-49” West, a distance of 105.29 feet to a concrete monument found; thence,
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North 47-14’-22” West, a distance of 369.13 feet to a concrete monument found; thence,
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North 54-56’-33” West, a distance of 413.64 feet to concrete monument found; thence,
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North 59-00’-49” West, a distance of 160.00 feet to the Point of Beginning.
Said parcel containing 33.265 acres, more or less, as shown on a map entitled
“ALTA/ACSM Land Title Survey – Proposed Wal-Mart Store # 4403-00 Hudson Falls
NY”, prepared by Bergmann Associates, Project No. 6842-00, dated February 10, 2006,
and last revised on December 14, 2009.
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes, approves and establishes the Lighting
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District Extension in accordance with the boundaries and descriptions set forth in the previously
described Map, Plan and Report and construction of the improvements may proceed and service
provided, subject to the adoption of a Final Order by the Queensbury Town Board, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to initiate
and open a new utility account with National Grid for four (4) street lights with 250 watt bulbs, as
delineated in the Map, Plan and Report, with the expense being reflected in Fund #25, Queensbury
Consolidated Lighting District, and
BE IT FURTHER,
RESOLVED, that this Resolution is subject to permissive referendum in accordance with
Town Law Article 7 and Town Law §209-E, subdivision 3 and shall not take effect until such
time as provided therein, and the Town Board authorizes and directs the Town Clerk to: 1) post
and publish the Notice required for Resolutions subject to permissive referendum 2) make
available proper forms for a Petition for Referendum; 3) distribute a supply to anyone who
requests them and, 4) if no such Petition is filed with 30 days after the date of this Resolution, file
a Certificate to that effect in the Office of the County Clerk and with the State Department of
Audit and Control.
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Duly adopted this 16 day of May, 2011, by the following vote:
AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer
NOES: None
ABSENT: None
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