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4.07 4.7 WASTEWATER-SEWERTinal Order-Extension#3 to Greater Qby Consolidated-1533 State Route 9—11-21-2022 RESOLUTION AND FINAL ORDER APPROVING GREATER QUEENSBURY CONSOLIDATED SANITARY SEWER DISTRICT EXTENSION NO.: 3 TO SERVE 1533 QUEENSBURY, LLC PROPERTY RESOLUTION NO.: 12022 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, the Town of Queensbury wishes to extend the Greater Queensbury Consolidated Sanitary Sewer District to serve the 1533 Queensbury, LLC Property (formerly the Comfort Suites Hotel) located on 5.53 acres of land on the west side of New York State Route 9 in the Town of Queensbury, New York (Tax Map No.: 288.8-1-5.2) referred to as the "Property" in accordance with New York Town Law Article 12-A, and WHEREAS, a Map, Plan and Report (Map, Plan and Report) has been prepared by Hutchins Engineering, PLLC concerning the proposed Sanitary Sewer District Extension No 3 (Extension No. 3) to connect the proposed Property to the existing Greater Queensbury Consolidated Sanitary Sewer District as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, the Map, Plan and Report has been accepted by the Town and 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 No. 3, a general plan of the proposed system, a report of the proposed method of operation, all outlets and the terminus and course of each proposed main sewer or drain together with the location and a general description of all sewage disposal plants, pumping stations and other public works, if any, and is consistent with, so far as possible, any comprehensive plan for sewers developed and maintained pursuant to General Municipal Law §99-f, and WHEREAS, the property owner has provided Easements required by the Town along with forms TP-584 which will transfer the existing infrastructure and provide an Easement to the property's northern border and such Easements have been accepted for recording in the Warren County Clerk's Office, and WHEREAS, on September 26t", 2022 subsequent to the filing of the Map, Plan and Report with the Town Clerk, the Town Board adopted an Order (Public Hearing Order) reciting (a) the boundaries of the proposed Extension No. 3; (b) the proposed improvements; (c) the maximum amount proposed to be expended for the improvements; (d)the fact that all costs of the improvements including the one-time buy-in cost and Town connection fee were paid by the previous developer of the property and not the Town of Queensbury; (e) the estimated cost of hook-up fees (if any) and the estimated annual cost of the Extension No. 3 to the property in the Extension No. 3; (f) the proposed method of financing to be employed (no financing required); (g) the fact that a Map, Plan and Report describing the improvements is on file in the Town Clerk's Office; and (h) the time and place of a public hearing on the proposed Extension No. 3; and WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed with the Office of the State Comptroller, all as required by law, and also placed on the Town's website, and WHEREAS, prior to publication of the Public Hearing Order, a detailed explanation of how the estimated cost of hook-up fees (if any) and the cost of the Extension No. 3 to the Property were computed was filed with the Town Clerk for public inspection as part of the Map, Plan and Report, and WHEREAS, the estimated annual cost of the Extension No. 3 to the parcel has been filed with the Town Clerk and is made a part of the Map,Plan and Report, and 2 WHEREAS, on Monday, October 17th, 2022, the Town Board duly held a public hearing concerning Extension No.: 3, duly heard all interested persons, considered the evidence and information, and in accordance with provisions of the State Environmental Quality Review Act, by Resolution No.: 380,2022 determined that Extension No.: 3 would not have a significant effect on the environment and approved a Negative Declaration concerning environmental impacts, and WHEREAS, on October 17t", 2022 the Town Board adopted Resolution No.: 381,2022 determining that (a) the Order scheduling the Public Hearing was published and posted as required by law and was otherwise sufficient, (b) all of the property and property owners within proposed Extension No.: 3 would be benefited thereby, (c) all of the property and property owners benefited are included within the boundaries of proposed Extension No.: 3 and (d) it is in the public interest to establish, authorize, and approve Extension No.: 3 as described in the Map, Plan and Report on file with the Queensbury Town Clerk with the boundaries and benefited properties of Extension No.: 3 to be as described in the Map, Plan and Report and Public Hearing Order, subject to Permissive Referendum in the manner provided in New York State Town Law Article 7 and subject to certain conditions specified in the Resolution, and WHEREAS, the Town Clerk duly posted and published the notice required for resolutions subject to Permissive Referendum and no Petition for Referendum was filed within 30 days after the date of the Resolution, and the Town Clerk has caused a certificate to that effect to be filed in the office of the County Clerk, and WHEREAS, the permission of the State Comptroller is not required in accordance with Town Law §209-f, and WHEREAS, the Town Board wishes to establish proposed Extension No.: 3 as detailed in the Map,Plan and Report in accordance with New York State Town Law Article 12-A, NOW, THEREFORE, IT IS HEREBY 3 ORDERED, that the Greater Queensbury Consolidated Sanitary Sewer District Extension No.: 3 be established as described in this Order and in the Map,Plan and Report prepared by Hutchins Engineering, PLLC having extension boundaries as detailed in the metes and bounds description from the Town's Public Hearing Order Resolution No.: 358,2022 dated September 26t", 2022 and attached hereto as Schedule A and the improvements described in the Map, Plan and Report as already constructed and existing and the service within the District continue to be provided, and BE IT FURTHER, ORDERED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk to cause a certified copy of this Order to be duly recorded in the Warren County Clerk's Office and filed in the Office of the New York State Department of Audit and Control in the time and manner required by law, and BE IT FURTHER, ORDERED, that the Town Board further authorizes and directs the Town Supervisor, Town Clerk, Wastewater Director and/or Town Counsel to take all other actions necessary to effectuate the terms of this Resolution. Duly adopted this 2 1" day of November, 2022, by the following vote: AYES NOES ABSENT: 4 SCHEDULE A — Metes and Bounds Description All that certain piece or parcel of land situate, lying and being in the Town of Queensbury, County of Warren and State of New York, more particularly bounded and described as follows: BEGINNING at a point in the westerly bounds of NYS Route 9 at the southeast corner of lands conveyed to 1533 Queensbury, LLC by deed recorded in book 6575 of deeds at page 266; thence running southerly along the westerly bounds of NYS Route 9 along a curve to the right having a radius of 1689.91 feet a distance of 389.64 feet to the southeast corner of said lands of 1533 Queensbury, LLC, being the southeast corner of lands conveyed by County Warren to Thekla B. Howe et. al. by deed dated May 17, 1940 in book 215 of deeds at page 146; thence running along the southerly bounds thereof, North 83 degrees, 03 minutes and 04 seconds West, a distance of 48.67 feet to an iron rod found in the ground for a corner at the northeast corner of lands of North High Realty Holdings, Inc. thence continuing along said lands of North High Realty, Inc., North 83 degrees, 03 minutes and 04 seconds West, passing over an iron pipe found in the ground for a corner at the northwesterly corner thereof, also at the northeasterly corner of lands of Lumberjack Pass Amusements, LLC, a total distance of 611.92 feet to the northwest corner of said Lumberjack Pass Amusements, LLC in the easterly bounds of Interstate Route 87, The Adirondack Northway; thence running along the same, the following three courses and distances: (1) North 21 degrees, 32 minutes and 56 seconds East, a distance of 121.66 feet; (2) North 15 degrees, 22 minutes and 58 seconds East, a distance of 159.97 feet; (3) North 14 degrees, 37 minutes and 10 seconds East, a distance of 107.98 feet to the southwest corner of said lands of George and Marilyn Stark; thence running South 83 degrees, 36 minutes and 43 seconds East, along said lands a distance of 584.65 feet to the point and place of beginning, containing 5.53 acres of land to be the same more or less. Bearings given in the above distance refer to magnetic North. 5 t SCHEDULE A—Metes and Bounds Description All that certain piece or parcel of land situate, lying and being in the Town of Queensbury, County of Warren and State of New York, more particularly bounded and described as follows: BEGINNING at a point in the westerly bounds of NYS Route 9 at the southeast corner of lands conveyed to 1533 Queensbury, LLC by deed recorded in book 6575,of deeds at page 266; thence running southerly along the westerly bounds of NYS Route 9 along a curve to the right having a radius of 1689.91 feet a distance of 389.64 feet to the southeast corner of said lands of 1533 Queensbury, LLC, being the southeast corner of lands conveyed by County Warren to Thekla B. Howe et. al. by deed dated May 17, 1940 in book 215 of deeds at page 146; thence running along the southerly bounds thereof,North 83 degrees, 03 minutes and 04 seconds West, a distance of 48.67 feet to an iron rod found in the ground for a corner at the northeast corner of lands of North High Realty Holdings, Inc. thence continuing along said lands of North High Realty, Inc., North 83 degrees, 03 minutes and 04 seconds West, passing over an iron pipe found in the ground for a corner at the northwesterly corner thereof, also at the northeasterly corner of lands of Lumberjack Pass Amusements, LLC, a total distance of 611.92 feet to the northwest corner of said Lumberjack Pass Amusements, LLC in the easterly bounds of Interstate Route 87, The Adirondack Northway; thence running along the same, the following three courses and distances: (1) North 21 degrees, 32 minutes and 56 seconds East, a distance of 121.66 feet; (2) North 15 degrees, 22 minutes and 58 seconds East, a distance of 159.97 feet; (3) North 14 degrees, 37 minutes and 10 seconds East, a distance of 107.98 feet to the southwest corner of said lands of George and Marilyn Stark; thence running South 83 degrees, 36 minutes and 43 seconds East, along said lands a distance of 584.65 feet to the point and place of beginning, containing 5.53 acres of land to be the same more or less. Bearings given in the above distance refer to magnetic North. 5