Weekly Feature



2014-12-03 / Legal Notices

Public Notices

e-mail: legals@beenews.com • Ken-Ton legal deadline Friday at 5 pm.

— LEGAL NOTICE —

Name of limited liability company is 2338 Elmwood Avenue, LLC (“LLC”). Date Authority filed with Secy. of State of NY (“SSNY”) November 10, 2014. LLC organized in Delaware on November 6, 2014. NY county location is Erie. SSNY designated agent of LLC upon whom process against it may be served. SSNY shall mail process to 2338 Elmwood Avenue, Kenmore, New York 14223. Address required to be maintained in jurisdiction of organization or if not required, principal office of LLC is 874 Walker Road, Suite C, Dover, Delaware 19904. Copy of formation document on file with the Secretary of State of Delaware, 401 Federal Street, Suite 4, Dover, Delaware 19901. Purpose is any lawful activity. Nov. 26; Dec. 3, 10, 17, 24, 31

— LEGAL NOTICE —

DT CAPITAL REAL ESTATE, LLC, a domestic LLC, filed with the SSNY on 10/28/14. Office location: Erie County. SSNY is designated as agent upon whom process against the LLC may be served. SSNY shall mail process to The LLC, 5526 Via Marina, Williamsville, NY 14221. General Purposes. Nov. 12, 19, 26; Dec. 3, 10, 17

— LEGAL NOTICE —

52 ABBOTSFORD LLC Arts. of Org. filed with Sec. of State of NY (SSNY) on 11/4/2014. Office in Erie County. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to 12 Clarendon Pl., Buffalo, NY 14209. Purpose: any lawful activity. Nov. 12, 19, 26; Dec. 3, 10, 17

— LEGAL NOTICE —

NOTICE of FORMATION of a DOMESTIC LIMITED LIABILITY COMPANY Name of LLC: Marauder Real Estate, LLC. Date of filing of Articles of Organization with the NY Dept of State: July 09, 2014. Office of the LLC: 291 Newell Ave., Tonawanda, NY 14150, Erie County. The NY Secretary of State has been designated as the agent upon whom process may be served. NYSS may mail a copy of process to the LLC at: 291 Newell Ave., Tonawanda, NY 14150. Purpose of LLC: Renting and Leasing Real Estate. No specific duration attached to LLC. Nov. 12, 19, 26; Dec. 3, 10, 17

— LEGAL NOTICE —

NOTICE OF FORMATION OF A DOMESTIC LIMITED LIABILITY COMPANY KDR ENTERPRISES, LLC has been formed as a limited liability company (LLC) by filing Articles of Organization with the NY Secretary of State (NYSS) on October 20, 2014. Office located in Erie County, NY. NYSS designated as agent for the LLC upon whom process against it may be served. NYSS may mail a copy of any process against it served upon him to: 3122 Delaware Avenue, Kenmore, NY 14217. The purpose of the LLC is to engage in any lawful business acts or activities permitted for LLCs under the NY Limited Liability Company Act. The limited liability company is to be managed by one or more members. Nov. 5, 12, 19, 26; Dec. 3, 10

— LEGAL NOTICE —

ZOOM TRUCKING & RENTALS, LLC, a domestic LLC, filed with the SSNY on 10/14/14. Office location: Genesee County. SSNY is designated as agent upon whom process against the LLC may be served. SSNY shall mail process to The LLC, P.O. Box 395, Elba, NY 14058. General Purposes.

Oct. 29; Nov. 5, 12, 19, 26; Dec. 3

— LEGAL NOTICE —

LAKE HEIGHTS PROPERTIES, LLC, a domestic LLC, filed with the SSNY on 10/15/14. Office location: Erie County. SSNY is designated as agent upon whom process against the LLC may be served. SSNY shall mail process to The LLC, 336 Harris Hill Rd., Williamsville, NY 14221. General Purposes. Oct. 29; Nov. 5, 12, 19, 26; Dec. 3

— LEGAL NOTICE —

In accordance with the provisions of State Law, there being due and unpaid charges for which the undersigned is entitled to satisfy an owner and/or manager's lien of the goods stored at the Uncle Bob's Self Storage location(s) listed below. And, due notice having been given, to the owner of said property and all parties known to claim an interest therein, and the time specified in such notice for payment of such having expired, the goods will be sold at public auction at the below stated location( s) to the highest bidder or otherwise disposed of on Thursday, December 18, 2014 @ 12:00 PM. 521 Young Street, Tonawanda, NY 14150; (716) 694-9528 Dec. 3

— LEGAL NOTICE —

In accordance with the provisions of State Law, there being due and unpaid charges for which the undersigned is entitled to satisfy an owner and/or manager's lien of the goods stored at the Uncle Bob's Self Storage location(s) listed below. And, due notice having been given, to the owner of said property and all parties known to claim an interest therein, and the time specified in such notice for payment of such having expired, the goods will be sold at public auction at the below stated location( s) to the highest bidder or otherwise disposed of on Thursday, December 18, 2014 @ 10:45 AM. 1275 Sheridan Drive, Buffalo, NY 14217 - (716) 871 9413 Dec. 3

— LEGAL NOTICE —

NOTICE OF SPECIAL SCHOOL DISTRICT MEETING AND VOTE

Kenmore-Town of Tonawanda

Union Free School District

Erie County, New York

The Board of Education of the Kenmore Town of Tonawanda Union Free School District, Erie County, New York (the “District”) HEREBY GIVES NOTICE that a Special District Meeting and Vote of the qualified voters of the District (the “Special Meeting and Vote”) will be held on Tuesday, December 9, 2014 in the back gymnasium at the Herbert Hoover Middle School Building, 249 Thorncliff Road, in the Town of Tonawanda, Erie County, New York, at 7:00 a.m. (EST), for the purpose of voting by electronic scan voting machine(s) upon the propositions hereinafter set forth: Polls for the purpose of voting will be kept open between the hours of 7:00 a.m. and 9:00 p.m. (EST). In the event that the District’s schools are closed on December 9, 2014 due to inclement weather (or for any other reason), the date of the Special Meeting and Vote will be changed, without further notice, to the date on which the District’s schools are next open.

PROPOSITION NO. 1

RENOVATIONS, ADDITIONS AND UPGRADES--DISTRICT BUILDINGS AND SITES

Shall the following resolutions be adopted, to wit:

RESOLVED, that the Board of Education (the “Board”) of the Kenmore-Town of Tonawanda Union Free School District, Erie County, New York (the “District”), is hereby authorized to undertake the first component of a proposed two-part capital improvements project, to wit: the reconstruction and renovation of, and the construction of improvements, additions and upgrades to, various District buildings and facilities (and the sites thereof) to implement various health, safety, accessibility and code compliance measures required by the State Education Department in connection with any significant capital project, to address certain items identified for remediation in the District’s most recent building condition survey and to undertake various other measures generally described in (but not to be limited by) the Proposition 1 pre-referendum plan that has been prepared by the District with the assistance of Gordon W. Jones Associates and Campus Construction Management Group (the “Proposition 1 Plan”), which is available for public inspection in the offices of the District Clerk (collectively, the “Proposition 1 Project”). The Proposition 1 Project will include renovation, reconstruction, additions, site work and upgrades/improvements at various District buildings, facilities and sites. Building improvements are anticipated to include health/safety, accessibility, and code compliance work and upgrades to building systems including general, mechanical, electrical and plumbing reconstruction. Interior upgrades at one or more of the buildings are anticipated to include new ceilings, lighting and folding partitions in gymnasiums, interior doors including fire-rated doors, lockers, HVAC upgrades including unit ventilators, air handling units, and temperature controls, plumbing fixtures, backflow preventers, sewer main and holding tank, emergency generators, fire alarm and assistance signals, signs, and devices, electrical power feeders, kitchen upgrades, computer lab improvements, and technology upgrades including wireless access in public spaces. Interior reconstruction work is anticipated to include reconstruction of existing spaces for locker rooms and restrooms with ADA accessibility and for classroom and office spaces. Building envelope exterior reconstruction work is anticipated to include items involving roofs, masonry restoration, doors, windows and glass block. At Kenmore East High School (“Ken-East”), it is anticipated that a new two-story gymnasium addition with locker rooms, fitness room and mechanical room will be constructed. Site work is anticipated to include bus drop-off loops at Kenmore West High School (“Ken-West”) and Lindbergh Elementary, parking areas at Ken-West and Ken-East, and reconstruction of existing sidewalks. The foregoing components of the Proposition 1 Project (or so much thereof as may be reasonably accomplished, given the level of construction bids received) will include the purchase of original furnishings, equipment, machinery and apparatus required in connection with the purposes for which such buildings, facilities and sites are used, and all ancillary or related work required in connection therewith. The District will be authorized to expend for the Proposition 1 Project, including for preliminary costs and costs incidental thereto and to the financing thereof, an amount not to exceed the estimated maximum cost of $29,890,000, provided that the detailed costs of the components of the Proposition 1 Project (as set forth in the Proposition 1 Plan) may be reallocated among such components, or such components may be deleted, revised or supplemented if (1) the Board shall determine that such reallocation, deletion, revision or supplementation is in the best interests of the District and (2) the aggregate amount to be expended for the Proposition 1 Project shall not exceed $29,890,000 and (3) no material change shall be made in the overall scope and nature of the Proposition 1 Project; and be it further

RESOLVED, that the Board is hereby authorized to expend or apply toward such proposed Proposition 1 Project (during the current fiscal year of the District) the amount of $6,050,000 from the District’s Capital Improvements Reserve Fund that was established on March 11, 2008; and be it further

RESOLVED, that a tax is hereby voted to finance the balance of the estimated maximum cost of the Proposition 1 Project in an amount not to exceed $23,840,000, such tax to be levied and collected in installments in such years and in such amounts as shall be determined by the Board; and be it further

RESOLVED, that in anticipation of such tax, obligations of the District (including, without limitation, serial bonds, statutory installment bonds, qualified zone academy bonds, and/or lease/purchase obligations structured as qualified zone academy bonds) are hereby authorized to be issued in an aggregate principal amount of not to exceed $23,840,000, and a tax is hereby voted to pay the interest on such obligations as the same shall become due and payable; and be it further

RESOLVED, that New York State Building

Aid funds expected to be received by the District are anticipated to substantially offset such costs, and such funds shall, to the extent received, be applied to offset the amount of taxes herein authorized to be levied.

PROPOSITION NO. 2 (CONTINGENT)

RENOVATIONS, EXPANSION AND DEVELOPMENT—ARTS / ATHLETICS VENUES

If (and only if) Proposition No. 1 presented herewith shall be approved by the voters of the District, shall the following resolutions also be adopted (please note that this Proposition No. 2, even if approved by the voters of the District, will have no effect, and the work described herein will not be undertaken, unless Proposition No. 1 is also approved), to wit:

RESOLVED, that the Board of Education (the “Board”) of the Kenmore-Town of Tonawanda Union Free School District, Erie County, New York (the “District”), is hereby authorized to undertake the second component of a proposed two-part capital improvements project, to wit: the renovation, upgrade, expansion and further development of arts and athletics venues, facilities and sites in the District to implement various health, safety, accessibility and code compliance measures required by the State Education Department in connection with any significant capital project, to address certain items identified for remediation in the District’s most recent building condition survey and to undertake various other measures generally described in (but not to be limited by) the Proposition No. 2 pre-referendum plan that has been prepared by the District with the assistance of Gordon W. Jones Associates and Campus Construction Management Group (the “Proposition 2 Plan”), which is available for public inspection in the offices of the District Clerk (collectively, the “Proposition 2 Project”). The Proposition 2 Project shall include auditorium renovations at Ken-West, Ken-East, Franklin Elementary/Middle, and Hoover Elementary/Middle. Site work is anticipated to include athletic field improvements at Ken-West, Crosby Field and Adams Field. At Ken-West, these improvements are anticipated to include new synthetic turf multi-purpose fields including underground storm water drainage system, fencing, backstops, bleachers, scoreboard, and other equipment. An existing field will be re-graded for a natural grass turf practice soccer field. A new JV/modified softball field with backstop and fencing will be constructed. Four of the existing eight tennis courts will be converted to grass. One of the two basketball courts will be renovated as a tennis court, and the other one will be converted to grass. At Crosby Field, the natural grass turf multi-purpose stadium game field will be replaced with a synthetic turf field including an underground storm water drainage system, the grandstand will be demolished and a new grandstand and press box will be constructed, an existing building will be reconstructed for new team locker rooms including ADA accessibility, a building for concessions, public restrooms, and equipment storage will be constructed, and other work including electrical service upgrades, and installation of security lighting, fencing, scoreboard, and other equipment will be undertaken. At Adams Field, the existing stadium will be reconstructed with a synthetic turf multi-purpose stadium field including underground storm water drainage system, new 8-lane polyurethane track and field event areas, electrical service upgrades and sports lighting for the stadium, fencing, bleachers, scoreboard and other equipment. A new stadium entrance and a storage building will be constructed, and the team field house will be reconstructed for ADA accessibility. Other improvements include new tennis court fencing, re-grading of the existing natural grass turf practice field, and reconstruction of the existing paved parking area for ADA accessibility, emergency vehicles, and concessions. The foregoing components of the Proposition 2 Project (or so much thereof as may be reasonably accomplished, given the level of construction bids received) will include the purchase of original furnishings, equipment, machinery and apparatus required in connection with the purposes for which such buildings, facilities and sites are used, and all ancillary or related work required in connection therewith. The District will be authorized to expend for the Proposition 2 Project, including for preliminary costs and costs incidental thereto and to the financing thereof, an amount not to exceed the estimated maximum cost of $21,671,000, provided that the detailed costs of the components of the Proposition 2 Project (as set forth in the Proposition 2 Plan) may be reallocated among such components, or such components may be deleted, revised or supplemented if (1) the Board shall determine that such reallocation, deletion, revision or supplementation is in the best interests of the District and (2) the aggregate amount to be expended for the Proposition 2 Project shall not exceed $21,671,000 and (3) no material change shall be made in the overall scope and nature of the Proposition 2 Project; and be it further

RESOLVED, that a tax is hereby voted in an amount not to exceed $21,671,000 to finance such estimated maximum cost, such tax to be levied and collected in installments in such years and in such amounts as shall be determined by the Board; and be it further

RESOLVED, that in anticipation of such tax, obligations of the District (including, without limitation, serial bonds, statutory installment bonds, qualified zone academy bonds, and/or lease/purchase obligations structured as qualified zone academy bonds) are hereby authorized to be issued in the aggregate principal amount of not to exceed $21,671,000, and a tax is hereby voted to pay the interest on such obligations as the same shall become due and payable; and be it further

RESOLVED, that New York State Building Aid funds expected to be received by the District are anticipated to offset a substantial part of such costs, and such funds shall, to the extent received, be applied to offset and reduce the amount of taxes herein authorized to be levied.

NOTICE IS HEREBY FURTHER GIVEN that such Proposition No. 1 and Proposition No. 2 shall appear on the scannable ballot sheets to be utilized at the Special Meeting and Vote in substantially the following abbreviated forms:

PROPOSITION NO. 1

RENOVATIONS, ADDITIONS AND UPGRADES--DISTRICT BUILDINGS AND SITES

YES NO

Shall the following resolution be adopted, to wit:

RESOLVED, that (a) the Board of Education (the “Board”) of the Kenmore-Town of Tonawanda Union Free School District (the “District”) is hereby authorized to undertake the first component of a proposed two-part capital improvements project involving the reconstruction and renovation of, and the construction of improvements, additions and upgrades to, various District buildings and facilities (and the sites thereof) to implement various health, safety, accessibility and code compliance measures and various other measures included and generally described in (but not to be limited by) the Proposition 1 Plan that is referred to in the public notice of the vote on this Proposition No. 1 (the “Proposition 1 Project”), and to expend therefor an amount not to exceed $29,890,000; (b) the District is authorized to expend or apply (in its current fiscal year) $6,050,000 from the District’s Capital Improvements Reserve Fund to finance a portion of such estimated maximum cost; (c) a tax is hereby voted in an amount not to exceed $23,840,000 to finance the balance of the estimated maximum cost of the Proposition 1 Project, such tax to be levied and collected in installments in such years and in such amounts as shall be determined by the Board; (d) in anticipation of such tax, obligations of the District are hereby authorized to be issued in an aggregate principal amount of not to exceed $23,840,000, and a tax is hereby voted to pay the interest on such obligations as the same shall become due and payable; and (e) New York State Building Aid funds expected to be received by the District are anticipated to offset a substantial part of such costs, and such funds, to the extent received, shall be applied to offset and reduce the amount of taxes herein authorized to be levied.

PROPOSITION NO. 2 (CONTINGENT)

RENOVATIONS, EXPANSION AND DEVELOPMENT—ARTS / ATHLETICS VENUES

YES NO

If Proposition No. 1 presented herewith shall be approved by the voters of the District, shall the following resolution also be adopted and approved (please note that this Proposition No. 2, even if approved by the voters of the District, will have no effect, and this proposed work will not be undertaken, unless Proposition No. 1 is also approved), to wit:

RESOLVED, that (a) the Board of Education (the “Board”) of the Kenmore-Town of Tonawanda Union Free School District (the “District”) is hereby authorized to undertake the second component of a proposed two-part capital improvements project involving the renovation, upgrade, expansion and further development of arts and athletics venues, facilities and sites in the District, to implement various health, safety, accessibility and code compliance measures and various other measures included and generally described in (but not to be limited by) the Proposition 2 Plan that is referred to in the public notice of the vote on this Proposition No. 2 (the “Proposition 2 Project”), and to expend therefor an amount not to exceed $21,671,000; (b) a tax is hereby voted in an amount not to exceed $21,671,000 to finance such estimated maximum cost, such tax to be levied and collected in installments in such years and in such amounts as shall be determined by the Board; (c) in anticipation of such tax, obligations of the District are hereby authorized to be issued in the aggregate principal amount of not to exceed $21,671,000, and a tax is hereby voted to pay the interest on such obligations as the same shall become due and payable; and (d) New York State Building Aid funds expected to be received by the District are anticipated to offset a substantial part of such costs, and such funds shall, to the extent received, be applied to offset and reduce the amount of taxes herein authorized to be levied.

NOTICE IS HEREBY FURTHER GIVEN that an Environmental Assessment Form has been completed for all of the proposed work described in Proposition No. 1 and Proposition No. 2 set forth above (the “Project”) which constitutes, collectively, a Type I action under the State Environmental Quality Review Act (“SEQRA”), a thorough review of the Project’s potential environmental impacts has been undertaken, it has been found that the Project will not result in a significant adverse impact on the environment, and a reasoned elaboration of the SEQRA review and findings has been provided in a Negative Declaration.

NOTICE IS HEREBY FURTHER GIVEN that the Board of Registration will meet for the purpose of registering all qualified voters of the District at the Administration Building, 1500 Colvin Boulevard, in the Town of Tonawanda, New York on Monday, November 24, 2014, between the hours of 2:00 p.m. and 6:00 p.m. (EST) and again on Tuesday, December 2, 2014, between the hours of 8:00 a.m. and noon (EST) to add any additional names to the Register to be used at the Special Meeting and Vote, at which time any person will be entitled to have his/her name placed on such Register, provided that at such meeting of the Board of Registration he/she is known or proven to the satisfaction of said Board of Registration to be then or thereafter entitled to vote at the Special Meeting and Vote, for which the Register is prepared. The final register of voters will be filed in the Office of the District Clerk of the District at 1500 Colvin Boulevard, in the Town of Tonawanda, New York, and will be open for inspection by any qualified voter of the District on December 4, 2014, between the hours of 8:00 a.m. and 3:00 p.m. (EST) and on each day thereafter that is prior to the date set forth for the Special Meeting and Vote, except Sundays, and at the polling place on the day of the Special Meeting and Vote.

NOTICE IS HEREBY FURTHER GIVEN that applications for absentee ballots may be obtained at the office of the District Clerk between the hours of 8:00 a.m. and 3:00 p.m. (EST). Completed applications must be received by the District Clerk at least seven days before the Special Meeting and Vote, if the ballot is to be mailed to the voter, or on the day before the Special Meeting and Vote, if the ballot is to be personally issued to the voter. The list of all persons to whom absentee ballots shall have been issued will be available for inspection in the office of the District Clerk, between the hours of 8:00 a.m. and 3:00 p.m. (EST), until the day set for voting, except for Saturdays, Sundays and holidays. No absentee ballot will be canvassed unless it is received in the office of the District Clerk prior to 3:00 p.m. (EST), on December 9, 2014.

Dated: September 9, 2014

BY ORDER OF THE BOARD OF EDUCATION OF THE KENMORE-TOWN OF TONAWANDA UNION FREE SCHOOL DISTRICT, ERIE COUNTY, NEW YORK

Oct. 22; Nov, 5, 19; Dec. 3

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