PUBLIC NOTICE:
At a Regular Meeting of the Town Board of the Town of Pembroke, in the County of Genesee, New York, held at the Pembroke Town Hall in said Town on February 9th, 2023.
PRESENT:
Tom Schneider, Supervisor
Kathleen Manne, Councilperson
Edward Arnold Jr. Councilman
Thomas Dix, Councilman
K. Warren Clark, CouncilmanIn the Matter: ORDER ESTABLISHING of the DISTRICT (SUBJECT TO PERMISSIVE REFERENDUM)
Establishment of Water District No. 5 (Pratt Rd) in the Town of Pembroke, in the County of Genesee, New York :
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WHEREAS, a map, plan and report relating to the establishment of a proposed Town of Pembroke, Water District No. 5, prepared by Clark Patterson Lee, Engineers in a manner and in such detail as has been determined by this Town Board, has been duly filed with the Town Clerk, in accordance with the requirements of Article 12-A of the Town Law; and
WHEREAS, an order was duly adopted by this Town Board on January 18, 2023, reciting the filing of said map, plan and report, the improvements proposed, the boundaries of the proposed district, the proposed method of financing, the fact that the map, plan and report describing the same were on file in the Town Clerk’s Office for public inspection, and stating all other matters required by law to be stated, and specifying February 9, 2023 as the date, at 6:30 pm on said day as the time, at the Pembroke Town Hall, Pembroke, New York as the place where this Town Board would meet and consider said map, plan and report, and to hear all residents and landowners interested in the subject thereof, concerning the same, and to take such action thereon as is required or authorized by law; and
WHEREAS, such order was duly published and posted as required by law; and
WHEREAS, a hearing on said matter was duly held by said Town Board on February 9, 2023 at 6:30 pm on said day, in the Pembroke Town Hall, Pembroke, New York, at which all interested persons desiring to be heard were heard, including those in favor of, and those opposed to, the establishment of said Water District No. 4; now, therefore, upon the evidence adduced at such public hearing, be it
RESOLVED AND DETERMINED:
a. That the notice of hearing was published and posted as required by law, and is otherwise sufficient;
b. That all property and property owners within the proposed district are benefited thereby;
c. That all property and property owners benefited are included within the limits of the proposed district;
d. That it is in the public interest to establish said district; and be it further
RESOLVED AND DETERMINED:
That Water District #5 (Pratt Rd) is hereby established, the bounds of which are described in the attached Exhibit A, and shall be constructed as set forth in the said map, plan and report and order calling a public hearing, at a cost not to exceed Two Million Fifty five Thousand and no/100 Dollars ($2,055,000.00) of which Nine Hundred Four Thousand Dollars and no/100 ($904,000.00) will be provided by USDA Rural Development in the form of a grant and One Million One Hundred Fifty-one Thousand Dollars and no/100 ($1,151,000.00) will be provided by a loan from USDA Rural Development at a rate of 1.75% over a period of 38 years, which shall result in the annual cost of the district for debt service to the equivalent dwelling unit for the first fiscal year is estimated to be $551.00; and the annual cost for the typical home for operation, maintenance and user charges is estimated to be $495.00, for a total cost of $1,048.00, there is estimated to be one-time costs of $1,140.00 for installation of the individual water systems, and
That, the permission of the State Comptroller is required prior to District formation, and be it
FURTHER RESOLVED, that this order is subject to a permissive referendum as provided in section 209-e of the Town Law.
Dated: February 9, 2023
Motion made by: Councilman Dix
Seconded by: Councilwoman Manne
Ayes: Councilwoman Manne, Councilman Dix,
Councilman Arnold, Supervisor Schneider
Nays: None
APPROVED by: Unanimous vote (4-0)
State of New York)
County of Genesee) ss:
I, Nicole Begin, Town Clerk of the Town of Pembroke, Genesee County, New York, do hereby certify that I have compared the preceding Order with the original thereof filed in my office in Pembroke, New York on the 9th day of February 2023, and that the same is a true and correct copy of said original and of the whole thereof.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of said Town, this 9th day of February, 2023.
Nicole M. Begin
Town Clerk of the Town of Pembroke, Genesee County, New YorkEXHIBIT A
All that tract or parcel of land situate in the Town of Pembroke, County of Genesee, State of New York, and being more particularly described as follows:
Beginning at the intersection of the easterly municipal boundary line of the Town of Pembroke/Town of Batavia, and the center line of Slusser Road (49.5 feet wide right-of-way); thence,
1.Southerly, along the easterly municipal boundary line of the Town of Pembroke/Town of Batavia, a distance of 507 feet, more or less, to the southerly property line of tax account number 17.-2-10.1; thence,
2.Westerly, along the southerly line of tax account number 17.-2-10.1, a distance of 330 feet, more or less, to a point 500 feet southerly of and parallel to the center line of Slusser Road; thence,
3.Northwesterly, through the lands of tax account numbers 17.-2-10.1, 17.-2-10.2, and 17.-2-31.21, along a line 500 feet southerly of and parallel to the center line of Slusser Road, a distance of 1,868 feet, more or less, to a point on a southerly line of tax account number 17.-2-31.21; thence,
4.Northwesterly, along the southerly lines of the tax account numbers 17.-2-31.21, 17.-2-31.12, 17.-1-48.11, 17.-1-48.12, 17.-1-49, 17.-1-50.1, 17.-1-50.2, and 17.-1-75, to the easterly extension of a line of tax account number 17.-1-75; thence,
5.Westerly, across Tonawanda Creek, along the easterly extension of a southerly line of tax account number 17.-1-75, and a southerly line of tax account number 17.-1-75, a distance of 325 feet, more or less, to the westerly line of tax account number 17.-1-75; thence,
6.Northwesterly, along the westerly line of tax account number 17.-1-75, and the northerly extension of the westerly line of tax account number 17.-1-75 a distance of 337 feet, more or less, to the center line of Pratt Road; thence,
7.Westerly, along the center line of Pratt Road, a distance of 148 feet, more or less, to the southerly extension of a westerly line of tax account number 17.-1-11; thence,
8.Northwesterly, along the southerly extension of a westerly line of tax account number 17.-1-11, and a westerly line of tax account number 17.-1-11, a distance of 448 feet, more or less, to a northerly line of tax account number 17.-1-11; thence,
9.Easterly, along a northerly line of tax account number 17.-1-11, a distance of 165 feet, more or less, to a westerly line of 17.-1-11; thence,
10.Northwesterly, along a westerly line of tax account number 17.-1-11, a distance of 290 feet, more or less, to a westerly line of tax account number 17.-1-11; thence,
11.Easterly, along a northerly line of tax account number 17.-1-11, the easterly extension of the northerly line of tax account number 17.-1-11, and the existing Town of Pembroke Water District No. 1, a distance of 762 feet, more or less, to a southerly line of tax account number 17.-1-18; thence,
12.Northwesterly, along the southerly line of tax account number 17.-1-18, a distance of 541 feet, more or less, to a point 500 feet westerly of and parallel to the center line of Pratt Road (49.5 feet wide right-of-way; thence,
13.Northerly, through the lands of tax account numbers 17.-1-18, 17.-1-19.12, 17.-1-19.11, and 17.-1-21.111, along a line 500 feet westerly of and parallel to the center line of Pratt Road, a distance of 1,528 feet, more or less, to a northerly line of tax account number 17.-1-21.111; thence,
14.Northeasterly, along a northerly line of tax account number 17.-1-21.111, a distance of 323 feet, more or less, to a westerly line of tax account number 17.-1-21.111; thence,
15.Northwesterly, along a westerly line of tax account number 17.-1-21.111, a distance of 116 feet, more or less to a northerly line of tax account number 17.-1-21.111; thence,
16.Northeasterly, along a northerly line of tax account number 17.-1-21.111, and the westerly lines of tax account numbers 17.-1-35 and 17.-1-36, a distance of 684 feet, more or less, to the northwesterly corner of tax account number 17.-1-36; thence,
17.Southeasterly, along the northerly line of tax account number 17.-1-36, a distance of 68 feet, more or less, to an angle point; thence,
18.Easterly, along the northerly lines of tax account numbers 17.-1-36, 17.-1-37, 17.-2-2.212, 17.-2-2.211, and 17.-2-2.1, a distance of 1,863 feet, more or less, to the northeasterly corner of tax account number 17.-2-2.1; thence,
19.Southerly, along the easterly line of tax account number 17.-2-2.1, and the southerly extension of the easterly line of tax account number 17.-2-2.1, a distance of 330 feet, more or less, to the center line of Pratt Road; thence,
20.Easterly, along the center line of Pratt Road, a distance of 70 feet, more or less, to the southwesterly extension of the westerly line of tax account number 17.-2-3; thence,
21.Northeasterly, along the southwesterly extension of the westerly line of tax account number 17.-2-3, and the westerly line of tax account number 17.-2-3, a distance of 336 feet, more or less, to the northerly line of tax account number 17.-2-3; thence,
22.Easterly, along the northerly lines of tax account numbers 17.-2-3, 17.-2-5, 17.-2-4, 17.-2-38, 17.-2-39, 17.-2-40, 17.-2-41, 17.-2-42, 17.-2-43, 17.-2-44, and 17.-2-45, a distance of 1,179 feet, more or less, to the easterly line of tax account number 17.-2-45; thence,
23.Southerly, along the easterly municipal boundary line of the Town of Pembroke/Town of Batavia, a distance of 803 feet, more or less, to the southerly line of tax account number 17.-2-6.2; thence,
24.Westerly, along the southerly lines of tax account numbers 17.-2-6.2 and 17.-2-6.12, a distance of 408 feet, more or less, to the westerly line of tax account number 17.-2-6.12; thence,
25.Northerly, along the westerly line of tax account number 17.-2-6.12, a distance of 124 feet more or less, to the southerly line of tax account number 17.-2-46; thence,
26.Westerly, along the southerly lines of tax account numbers 17.-2-46, 17.-2-47, 17.-2-49.1, 17.-2-55.2, and 17.-2-6.112, a distance of 662 feet, more or less, to the easterly line of tax account number 17.-2-51; thence,
27.Southwesterly, along an easterly lines of tax account numbers 17.-2-51 and 17.-2-53.1, a distance of 143 feet, more or less, to a northerly line of tax account number 17.-2-53.1; thence,
28.Easterly, along a northerly line of tax account number 17.-2-53.1, a distance of 206 feet, more or less, to an easterly line of tax account number 17.-2-53.1; thence,
29.Southeasterly, along an easterly line of tax account number 17.-2-53.1, a distance of 96 feet, more or less, to a southerly line of tax account number 17.-2-53.1; thence,
30.Westerly, along a southerly line of a tax account number 17.-2-53.1, a distance of 40 feet, more or less, to a point 500 feet easterly of and parallel to the center line of Slusser Road; thence,
31.Southwesterly, through the lands of tax account numbers 17.-2-6.111 and 17.-2-7, along a line 500 feet easterly of and parallel to the center line of Slusser Road, a distance of 667 feet, more or less, to the southerly line of tax account number 17.-2-7; thence,
32.Westerly, along a southerly line of tax account number 17.-2-7, a distance of 199 feet, more or less, to an easterly line of tax account number 17.-2-7; thence,
33.Southerly, along the westerly line of tax account number 17.-2-8, a distance of 1,952 feet, more or less, to a point 500 feet northerly of and parallel to the center line of Slusser Road; thence,
34.Southeasterly, through the lands of tax account numbers 17.-2-8, along a line 500 feet easterly of and parallel to the center line of Slusser Road, a distance of 1,390 feet, more or less, to the easterly municipal boundary line of the Town of Pembroke/Town of Batavia; thence,
35.Southerly, along the easterly municipal boundary line of the Town of Pembroke/Town of Batavia, a distance of 530 feet, more or less, to the Point of Beginning.
Pratt Road/Water District #5, as described above, contains approximately 309 acres of land.
All as shown on a map prepared by CPL, entitled “Pratt Road Water District – Water District Map”, dated May 20, 2020.
