LEGAL NOTICE At a regular meeting of the Town Board

LEGAL NOTICE

At a regular meeting of the Town Board of the Town of Benton, in the County of Yates, New York held in the Town of Benton on June 12th 2024.

PRESENT: Town of Benton

John E. Prendergast, Supervisor

Glenn Quackenbush, Councilperson

Alan Tomion, Councilperson

Richard Harper, Councilperson

Tom Davie, Councilperson

ORDER CALLING PUBLIC

HEARING

In the Matter of the Creation of the

Town of Benton Water District No. 7

in the Town of Benton,

County of Yates, New York.

WHEREAS, written Petitions have been submitted in due form by Petitioners containing the required signatures and have been presented and filed with the Town Clerk of the Town of Benton, Yates County, New York, for the Town of Benton Water District No. 7 (“District”) to serve the several lots and parcels of land within the proposed District; and

WHEREAS, Clark Patterson Lee has prepared a map, plan and report last dated July, 2023, which the Town Board of the Town of Benton, New York has determined was prepared in such manner and detail as the Town Board has required relating to the creation of the District; and

WHEREAS, such map, plan and report has been duly filed in the office of the Town Clerk of the Town of Benton, New York, and is available for public inspection thereat; and

WHEREAS, the boundaries of the proposed water district are set forth in Exhibit 1, attached hereto and made a part hereof; and

WHEREAS, the improvements proposed consist of the installation of approximately 1,640 linear feet of 8-inch water main with associated appurtenances to serve said District, in accordance with the aforementioned map, plan and report now on file in the office of the Town Clerk of said Town; and

WHEREAS, the maximum amount proposed to be expended for the improvements necessary for distribution to the customers in the District referenced herein, is $750,000.00, with $337,000.00 of this amount being paid for from a Rural Development Grant, leaving $413,000.00 to be financed and repaid by the owners of property within the District; and

WHEREAS, the estimated costs of the District to the typical property or one-family or two-family home is $1,443.00 for debt service and $398.00 for water use for a total cost of $1,841.00. The cost of constructing the improvements shall be assessed, levied and collected from the several lots and parcels of land within the district pursuant to a benefit basis calculation. There will be no hook-up fee charged for connections in the first year. Other one-time estimated costs include:

Water Meter and Radio Transmitter $250.00

Water Pressure Regulator (Recommended Equipment) $100.00

Service Line Installation, ROW to House ($10-$20/LF Average) $500.00

Well Separation/ Plumbing Modifications $200.00; and

WHEREAS, each owner will be required to pay for installation of the water service from the right-of-way to the structure using the water. This will need to be purchased by the affected property owner from a private contractor. The homeowner is responsible for all inside plumbing; and

WHEREAS, the proposed method of payment of the $413,000.00, pursuant to the map, plan and report, shall be through loan financing through the USDA Rural Development at a

3.750% interest rate for a 38-year term by the Town of Benton, which will be paid on an amortized basis through charges to the property owners in the said water district using the benefit basis formula.

NOW, THEREFORE, be it ORDERED, that a public hearing of the Town Board of the Town of Benton will be held at the Benton Town Hall, 1000 Route 14A, Penn Yan, New York, on July 10th 2024, at 7:00 p.m. on said day, to consider creation of said District and to hear all persons interested in the subject thereof, concerning the same, and for such other and further action on the part of said Town Board, with relation to the premises; and

BE IT FURTHER ORDERED, that this Order Calling for a Public Hearing shall be published and posted as required by law.

Dated: June 13th, 2024

Signature of Town Board Members Present

John E. Prendergast

Supervisor

Glenn Quackenbush

Councilperson

Alan Tomion

Councilperson

Richard Harper

Councilperson

Tom Davie

Councilperson

TOWN OF BENTON

WATER DISTRICT No. 7

All that tract or parcel of land situate in the Town of Benton, Yates County, State of New York, being described as follows:

Beginning at the intersection of the centerline of Angus Point Road (49.5’ wide right-of-way, width varies easterly) and the southerly extension of the westerly line of tax account number 19.42-1-3, also an easterly line of the Existing Town of Benton Water District No. 1, Extension No. 1; thence,

1. Northerly, along the southerly extension of the westerly line of tax account number 19.42-1-3 and the westerly line of tax account number 19.42-1-3 and an easterly line of the Existing Town of Benton Water District No. 1, Extension No. 1, a distance of 500 feet, more or less, to a point 500 feet northerly of and parallel to the centerline of Angus Point Road; thence,

2. Easterly, through the lands of tax account numbers 19.42-1-3 and 9.82-1-12, along a line 500 feet northerly of and parallel to the centerline of Angus Point Road, a distance of 582 feet, more or less, to the westerly line of tax account number 19.42-1-9; thence,

3. Northwesterly, along the westerly lines of tax account numbers 19.42-1-9, 19.42-1-8, 19.42-1-7, 19.42-1-6, 19.42-1-5, and 19.42-1-4, a distance of 427 feet, more or less, to the northerly line of tax account number 19.42-1-4; thence,

4. Easterly, along the northerly line of tax account number 19.42-1-4, a distance of 89 feet, more or less, to the easterly line of tax account number 19.42-1-4; thence,

5. Southeasterly, along the easterly line of tax account number 19.42-1-4, a distance of 115 feet, more or less, to the southerly line of tax account number 19.42-1-4; thence,

6. Westerly, along the southerly line of tax account number 19.42-1-4, a distance of 21 feet, more or less, to the easterly line of tax account number 19.42-1-5; thence,

7. Southerly, along the easterly lines of tax account numbers 19.42-1-5 and 19.42-1-6, a distance of 152 feet, more or less, to the northerly line of tax account number 19.42-1-7; thence,

8. Easterly, along the northerly line of tax account number 19.42-1-7, a distance of 10 feet, more or less, to the easterly line of tax account number 19.42-1-7; thence,

9. Southeasterly, along the easterly line of tax account number 19.42-1-7, a distance of 79 feet, more or less, to the southerly line of tax account number 19.42-1-7; thence,

10. Westerly, along the southerly line of tax account number 19.42-1-7, a distance of 10 feet, more or less, to the easterly line of tax account number 19.42-1-8; thence,

11. Southerly, along the easterly lines of tax account numbers 19.42-1-8, 19.42-1-9, and 19.42-1-10, a distance of 224 feet, more or less, to the northerly line of tax account number 19.42-1-11; thence,

12. Easterly, along the northerly line of tax account number 19.42-1-11, a distance of 34 feet, more or less, to the easterly line of tax account number 19.42-1-11; thence,

13. Southeasterly, along the easterly lines of tax account numbers 19.42-1-11 and 19.42-1-12, a distance of 259 feet, more or less, to the northerly line of tax account number 19.42-1-13; thence,

14. Easterly, along the northerly line of tax account number 19.42-1-13, a distance of 11 feet, more or less, to the easterly line of tax account number 19.42-1-13; thence,

15. Southerly, along the easterly line of tax account number 19.42-1-13, a distance of 139 feet, more or less, to the northerly line of tax account number 19.50-1-1; thence,

16. Easterly, along the northerly line of tax account number 19.50-1-1, a distance of 16 feet, more or less, to the easterly line of tax account number 19.50-1-1; thence,

17. Southerly, along the easterly line of tax account number 19.50-1-1, a distance of 124 feet, more or less, to the southerly line of tax account number 19.50-1-1; thence,

18. Westerly, along the southerly line of tax account number 19.50-1-1, a distance of 6 feet, more or less, to the easterly line of tax account number 19.50-1-3.1; thence,

19. Southerly, along the easterly lines of tax account numbers 19.50-1-3.1, 19.50-1-4.1, and 19.50-1-5, a distance of 551 feet, more or less, to a point 250 feet southerly of and parallel to the northerly line of tax account number 19.50-1-5; thence,

20. Southwesterly, along a line 250 feet southerly of and parallel to the northerly line of tax account number 19.50-1-5, a distance of 74 feet, more or less, to the westerly line of tax account number 19.50-1-5; thence,

21. Northerly, along the westerly line of tax account number 19.50-1-5, a distance of 151 feet, more or less, to a point 500 feet southerly of and parallel to the centerline of Angus Point Road; thence,

22. Westerly, through the lands of tax account numbers 19.50-1-4.1, 9.82-1-12, and 19.02-1-9, along a line 500 feet southerly of and parallel to the centerline of Angus Point Road, a distance of 453 feet, more or less, to a point 500 feet easterly of and parallel to the centerline of New York State Route 14 (right-of-way width varies) and an easterly line of the Existing Town of Benton Water District No. 1, Extension No. 1; thence,

23. Northerly, through the lands of tax account number 19.02-1-9, along a line 500 feet easterly of and parallel to the centerline of New York State Route 14 and an easterly line of the Existing Town of Benton Water District No. 1, Extension No. 1, a distance of 500 feet, more or less, to the centerline of Angus Point Road; thence,

24. Westerly, along the centerline of Angus Point Road and an easterly line of the Existing Town of Benton Water District No. 1, Extension No. 1, a distance of 214 feet, more or less, to the southerly extension of the westerly line of tax account number 19.42-1-3, and the point of beginning.

Town of Benton Water District No. 7, as described above, contains approximately 16.162 acres of land.

All as shown on a map prepared by CPL, entitled “Town of Benton Proposed Water District No. 7“, dated July 17, 2023.

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