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3.07 3.7 WASTEWATER-SEWERTINAL ORDER-Route 9 SeNver Extension—Cerrone—Svveet Road—4-21-14 RESOLUTION AND FINAL ORDER APPROVING ROUTE 9 SANITARY SEWER DISTRICT EXTENSION NO. 2 TO SERVE PROPOSED SWEET ROAD CONSERVATION SUBDIVISION RESOLUTION NO. ,2014 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, the Town of Queensbury wishes to extend the Route 9 Sanitary Sewer District to serve the proposed 29-lot Sweet Road Conservation Subdivision (Subdivision) 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 VISION Engineering, LLC, concerning the proposed sewer district extension to connect the proposed Subdivision to the existing Route 9 Sanitary Sewer District sanitary sewer main along Sweet Road, as more specifically set forth and described in the Map, Plan and Report, 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 Sewer District extension, 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 Queensbury Planning Board, as the Lead Agency, performed the State Environmental Quality Review Act (SEQRA) review for the Subdivision which included the proposed sewer district extension and issued a Negative Declaration, and WHEREAS, the estimated annual cost to the "typical property" has been filed with the Town Clerk and is made a part of the Map, Plan and Report, and WHEREAS, on February 10, 2014, 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 Sewer District; (b)the proposed improvements; (c)the maximum amount proposed to be expended for the improvements; (d) the estimated cost of hook-up fees (if any) and the cost of the Sewer District to the typical property and the typical one or two family home (if not the typical property); (e) the proposed method of financing to be employed; (f) the fact that a Map, Plan and Report describing the improvements is on file in the Town Clerk's Office; and(g)the time and place of a public hearing on the proposed Sewer District, 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 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 Sewer District to the typical property and typical one or two family home (if not the typical property) were computed was filed with the Town Clerk for public inspection as part of the Map, Plan and Report, and WHEREAS, a public hearing on the proposed Sewer District was duly held on February 24, 2014 and the Town Board has considered the evidence given together with other information, and WHEREAS, on February 24, 2014 the Town Board adopted a Resolution 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 the proposed Route 9 Sanitary Sewer District Extension No. 2 would be benefited thereby, (c) all of the property and property owners 2 benefited are included within the boundaries of the proposed Route 9 Sanitary Sewer District Extension No. 2 and (d) it is in the public interest to establish, authorize, and approve the Route 9 Sanitary Sewer District Extension No. 2 as described in the Map, Plan and Report on file with the Queensbury Town Clerk with the boundaries and benefited properties of the Sewer District Extension to be as described in the Map, Plan and Report, subject to permissive referendum in the manner provided in 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 pursuant to Town Law Section 209-f, and WHEREAS, the Town Board wishes to establish the proposed Route 9 Sanitary Sewer District Extension No. 2 as detailed in the Map, Plan and Report in accordance with Town Law Article 12-A, NOW, THEREFORE, IT IS HEREBY ORDERED, that the Town of Queensbury Route 9 Sanitary Sewer District Extension No. 2 - Sweet Road Conservation Subdivision be established as described in the Plan having extension boundaries as detailed in the metes and bounds description from the Town's Public Hearing Order dated February 19, 2014 and attached hereto as Schedule A and the improvements described in the Plan be constructed and the service within the District be provided upon the required funds being made available or provided for, and it is FURTHER ORDERED, that the Town Clerk is hereby authorized and directed to cause a certified copy of this Order to be duly recorded in the office of the Clerk of Warren County and to be 3 filed in the office of the State Department of Audit and Control in the time and manner required by law, and it is FURTHER ORDERED, that the Town Board authorizes and directs the Town Supervisor, Town Clerk and Town Counsel to take all other actions necessary to effectuate the terms of this Resolution. Duly adopted this 21St day of April, 2014, by the following vote: AYES NOE S ABSENT: 4 SCHEDULE A Mets and bounds description The boundaries of the Sewer District extension are as set forth in the Map, Plan and Report and 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 bounded and described as follows: BEGINNING at an iron rod found in the ground for a corner in the northerly bounds of Sweet Road at the southwest corner of lands conveyed to Stanley H. and Madeline E. Bull by deed dated August 12, 1963, recorded in book 433 of deeds at page 85; thence running westerly along the northerly bounds of said Sweet Road the following five courses and distances: (1) North 78 degrees, 36 minutes and 01 second West, a distance of 188.03 feet; (2) North 79 degrees, 18 minutes and 23 seconds West, a distance of 53.84 feet; (3) North 78 degrees, 46 minutes and 54 seconds West, a distance of 172.09 feet; (4) North 79 degrees, 31 minutes and 34 seconds West, a distance of 505.06 feet; (5) North 86 degrees, 32 minutes and 24 seconds West, a distance of 126.71 feet to the southeast corner of lands now or formerly of Moon; thence running along said lands of Moon the following seven courses and distances: (1) North 05 degrees, 38 minutes and 17 seconds East, a distance of 200.00 feet; (2) North 87 degrees, 02 minutes and 43 seconds West, a distance of 150.00 feet; (3) North 05 degrees, 38 minutes and 17 seconds East, a distance of 33.98 feet; (4) North 09 degrees, 41 minutes and 17 seconds East, a distance of 245.87 feet; (5) North 07 degrees, 11 minutes and 17 seconds East, a distance of 120.28 feet; (6) South 82 degrees, 48 minutes and 43 seconds East, a distance of 125.00 feet; (7) North 06 degrees, 57 minutes and 05 seconds East, a distance of 465.17 feet to the northeast corner of said lands of Moon in the southerly bounds of the subdivision known as Old Orchard Park, and also in the southerly bounds of lands now or formerly of Noble; thence running along said Old Orchard Park, the following two courses and distances: (1) South 83 degrees, 27 minutes and 00 seconds East, a distance of 262.91 feet; (2) South 83 degrees, 31 minutes and 00 seconds East, a distance of 403.52 feet to a point in the westerly bounds of lands of Niagara Mohawk Power Corporation; thence running along the same, South 29 degrees, 58 minutes and 50 seconds East, a 5 distance of 975.28 feet to the northeasterly corner of lands now or formerly of Blackmer; thence running North 77 degrees, 57 minutes and 28 seconds West, along the northerly bounds thereof and along the northerly lands of Bull, a distance of 184.00 feet to the northwesterly corner of said lands of Bull; thence running South 08 degrees, 14 minutes and 58 seconds West, along said lands of Bull, a distance of 350.18 feet to the point and place of beginning, containing 25.55 acres of land to be the same more or less. Bearings given in the above description refer to magnetic North. SUBJECT to easements of record. ALSO BEGINNING at a point in the easterly bounds of said lands of Niagara Mohawk Power Corporation and located South 83 degrees, 02 minutes and 57 seconds East, a distance of 93.87 feet from the northeasterly corner of the above described parcel, being in the southerly bounds of said Old Orchard Park Subdivision; thence running along said Old Orchard Park Subdivision the following two courses and distances: (1) South 83 degrees, 04 minutes and 00 seconds East, a distance of 447.37 feet; (2) South 82 degrees, 58 minutes and 00 seconds East, a distance of 146.33 feet to the northwesterly corner of Edgewood Park Subdivision; thence running along said subdivision in the westerly bounds of lands of Tarana, Harvey and West, the following two courses and distances: (1) South 22 degrees, 02 minutes and 08 seconds West, a distance of 550.62 feet; (2) South 09 degrees, 45 minutes and 59 seconds East, a distance of 117.35 feet to the northeasterly bounds of said lands of Niagara Mohawk Power Corporation; thence running along the same, North 29 degrees, 58 minutes and 50 seconds West, a distance of 805.78 feet to the point and place of beginning, containing 3.95 acres of land to be the same more or less. Bearings given in the above description refer to magnetic North. SUBJECT to easements of record. 6