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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 th 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; 2 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, ? 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 3 284) on the southeast; thence, ? South 51-14’-11” West, on said division line, a distance of 518.04 feet to a 1/2” pipe found; thence, ? 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, ? 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: ? North 43-36’-49” West, a distance of 105.29 feet to a concrete monument found; thence, ? North 47-14’-22” West, a distance of 369.13 feet to a concrete monument found; thence, ? North 54-56’-33” West, a distance of 413.64 feet to concrete monument found; thence, ? 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 4 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. th 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 5