4295 Diamond Drive Improvements PETITION #4295
City Clerk's Office
Filed
PETITION
TO THE GOVERNING BODY OF THE CITY OF SALINA,KANSAS: ! `t ° °' R � `�° 1-10
We, the undersigned, owners of record of property located within the City of Salina, Kansas (the
"City") do hereby respectively request that the Governing Body of the City create and designate an
improvement district for the purpose of making certain improvements in the manner provided by
K.S.A. 12-6a01,et seq.
1. The general nature of the proposed improvements are as follows:
The curb, guttering, paving, grading and drainage for approximately 1,359 lineal feet of
West Diamond Drive (the"Street Improvements");
The excavation, paving, piping, and structures for approximately 1,940 lineal feet of
storm drainage conduit and channel (the"Drainage Improvements");
The installation of approximately 1,388 lineal feet of sanitary sewer main, service
connections for sewer lines, manholes, and all appurtenances thereto (the "Sanitary
Sewer Improvements"); and
The installation of approximately 5,035 lineal feet of six-inch and eight-inch water main,
fire hydrants, valves, fittings, service connections for water lines and all appurtenances
thereto(the "Water System Improvements").
(the "Improvements"), all located generally as shown on the map attached
hereto as Exhibit A.
2. The estimated or probable cost of the Improvements is:
Eight hundred twelve thousand six hundred forty-four dollars and fifty-two cents
($812,644.52).
3. The extent of the proposed improvement district to be assessed is:
Parcel 1
Lot 1, Block 1 of the Diamond Addition in the City of Salina, Kansas.
Parcel 2
The West 141.85' of Lot 1, Block 1 of the Loyd Addition in the City of Salina,
Kansas.
Parcel -
Lot 1, Block 1, less the west 141.85' of the Loyd Addition and the west 70' of
Lot 1, Block 1, of the Maloney Addition in the City of Salina, Kansas.
Parcel 4
Lot 1, Block 1, less the west 70' of the Maloney Addition in the City of Salina,
Kansas.
Parcel 5
1
Lot 1, Block 1 of the Morton Addition in the City of Salina, Kansas, less the
track beginning at the NW corner thence E 159.65', thence S 205.56', thence W
159.83',thence N 205.39' to the point of beginning.
Parcel 6
Lot 1, Block 1 of the Morton Addition in the City of Salina,Kansas,beginning at
the NW corner thence E 159.65', thence S 205.56', thence W 159.83', thence N
20539' to the point of beginning.
Parcel 7
A tract of land located in the West 76 acres of the West Half of the Northeast
Quarter of Section 35,Township 13 South, Range 3 West of the Sixth Principal
Meridian in Saline County Kansas. More particularly described as follows:
Commencing at the Southwest corner of said Northeast Quarter;
Thence, on an assumed bearing of N 00° 01' 28"E along the West line
of said Northeast Quarter for a distance of 40.00 feet to a point on the North
right-of way of West Diamond Drive, said point being the POINT OF
BEGINNING;
Thence continuing N 00° 01' 28"E along the West line of said Northeast
Quarter, for a distance of 603.33 feet.
Thence, S 89° 59' 39"E for a distance of 1268.28 feet.
Thence, S 00° 01' 45"W for a distance of 603.20 feet,to a point on said
North right-of-way.
Thence N 90°00' 00"W along said North right-of-way a distance of
1268.23 feet to the POINT OF BEGINNING; Containing 765,102.2 square feet,
17.564 acres more or less.
Parcel 8
A tract of land located in the West 76 acres of the West Half of the Northeast
Quarter of Section 35,Township 13 South, Range 3 West of the Sixth Principal
Meridian in Saline County Kansas. More particularly described as follows:
Commencing at the Southwest corner of said Northeast Quarter;
Thence,on an assumed bearing of N 00°01' 28"E along the West line
of said Northeast Quarter for a distance of 643.33 feet to the Northwest corner of
Parcel#7, said point being the POINT OF BEGINNING;
Thence continuing N 00°0 U 28"E along the West line of said Northeast
Quarter, for a distance of 603.33 feet to a point on the North line of a 20 foot
utility easement.
Thence, S 89° 59' 18"E along said North line, for a distance of 1268.33
feet.
Thence, S 00° 01' 45"W for a distance of 603.20 feet to the Northeast
corner of Parcel#7.
Thence N 89° 59' 39"W along the North line of Parcel#7 a distance of
1268.28 feet to the POINT OF BEGINNING; Containing 765,132.52 square feet,
17.565 acres more or less.
(the"Improvement District").
4. The proposed method of assessment shall be:
a. Each lot and unplatted tract in the portion of the Improvement District located on the
south side of West Diamond Drive(Parcels 1-6) shall be assessed equally per square foot
for 50%of the total costs of the Street Improvements. The remaining 50%of the Street
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Improvements shall be assessed two-thirds(2/3)against Parcel 7 and one-third(1/3)
against Parcel 8.
b. Parcels 1-4 shall be assessed equally per square foot for the costs of the Drainage
Improvements.
c. Parcels 1-4 (all located on the south side of West Diamond Drive) shall be assessed
equally per square foot for 50%of the total costs of the Sanitary Sewer Improvements.
The remaining 50%of the Sanitary Sewer Improvements shall be assessed two-thirds
(2/3) against Parcel 7 and one-third(1/3)against Parcel 8.
d. Parcels 1-4(all located on the south side of West Diamond Drive) shall be assessed
equally per square foot for 50%of the costs of the Water System Improvements
chargeable to the Improvement District. The remaining 50%of the costs of the Water
System Improvements chargeable to the Improvement District shall be assessed two-
thirds(2/3) against Parcel 7 and one-third(1/3)against Parcel 8.
The allocation of assessments among Parcels 7 and 8 is based on the fact that Parcel 7
benefits more than Parcel 8 from the Improvements, due to the proximity of Parcel 7 to
the Improvements.
5. The proposed apportionment of cost between the Improvement District and the city at large
is:
Certain costs of the Improvements shall be paid by the Improvement District and
certain cost of the Improvements shall be paid by the city at large, as follows:
Costs chargeable to the Improvement District
a. One hundred percent (100%) of the Street Improvements to be assessed to
the following properties: Parcels 1-8.
b. One hundred percent (100%) of the Drainage Improvements to be assessed to
the following properties: Parcels 1-4.
c. One hundred percent (100%) of the total cost of Sanitary Sewer
Improvements to be assessed to the following properties: Parcels 1-4 and
Parcels 7 and 8.
d. Approximately 34.4% of the costs of the Water System Improvements
(representing the costs of that portion of the Water System Improvements to
be constructed beginning at the southeast corner of the boundary of Parcel 7
and ending at the southwest corner of the boundary of Parcel 7) to be
assessed to the following properties: Parcels 1-4 and Parcels 7-8.
Costs chargeable to the City-At-Large
Approximately 65.6%of the Water System Improvements (representing the costs
of the Water System Improvements less costs associated with that portion of the
Water System Improvements to be constructed beginning at the southeast corner
of the boundary of Parcel 7 and ending at the southwest corner of the boundary
of Parcel 7).
Pursuant to the provisions of K.S.A. 12-6al9, there is additional property that
benefits from a portion of the Water System Improvements, but is not included
within the Improvement District referenced in paragraph 3 herein because the
property is currently outside the City limits and will not be immediately served by
the Water System Improvements. Whenever any owner of property within the
Cost Recovery Area (defined below) requests by petition to be served by the
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Water System Improvements, the City intends to charge benefit fees in the manner
set forth in K.S.A. 12-6al9. The Cost Recovery Area is defined as the tracts of
land shown on the map attached hereto as Exhibit B, and referenced as the "Cost
Recovery Area,"and legally described as follows:
Parcel 9
A tract of land located in the West 76 acres of the West Half of the Northeast
Quarter of Section 35, Township 13 South, Range 3 West of the Sixth Principal
Meridian in Saline County Kansas.More particularly described as follows:
Commencing at the Southwest corner of said Northeast Quarter;
Thence, on an assumed bearing of N 00° 01' 28" E along the West line
of said Northeast Quarter for a distance of 1246.67 feet to the Northwest corner
of Parcel#8, said point being the POINT OF BEGINNING;
Thence continuing N 00° 01' 28"E along the West line of said Northeast
Quarter, for a distance of 603.34 feet.
Thence, S 89° 58' 57"E for a distance of 1268.38 feet.
Thence, S 00° 01' 45" W for a distance of 603.21 feet to the Northeast
corner of Parcel#8.
Thence N 89° 59' 18" W a distance of 1268.33 feet to the POINT OF
BEGINNING; Containing 765,162.88 square feet, 17.566 acres more or less.
Parcel 10
A tract of land located in the East Half of the Northwest Quarter of Section 35,
Township 13 South, Range 3 West of the Sixth Principal Meridian in Saline
County Kansas. More particularly described as follows.
Commencing at the Southeast corner of said Northwest Quarter;
Thence, on an assumed bearing of N 00° 01' 28" E along the East line of
said Northwest Quarter for a distance of 40.00 feet to a point on the North right-
of way of West Diamond Drive, said point being the POINT OF BEGINNING;
Thence continuing N 00° 01' 28"E along the West line of said Northeast
Quarter, for a distance of 1206.66 feet.
Thence, S 89° 59' 18" W for a distance of 1268.33 feet to a point
1246.40 feet North of the South line of said Northwest Quarter.
Thence, S 00° 01' 11" W for a distance of 1206.40 feet, to a point 40.00
feet North of the South line of said Northwest Quarter.
Thence S 90° 00' 00" E along a line 40.00 feet North of the South line of
said Northwest Quarter a distance of 1268.23 feet to the POINT OF
BEGINNING;
Containing 1,530,233.4 square feet, 35.13 acres more or less.
(the"Cost Recovery Area").
The total benefit fees to be charged to Parcel 9 will equal 100% of the total
cost of that portion of the Water System Improvements located along the northern
boundary of Parcel 8,beginning at the northwest corner of the boundary of Parcel
8 and ending at the northeast corner of the boundary of Parcel 8.
The total benefit fees to be charged to Parcel 10 will equal 50% of the total
cost of that portion of the Water System Improvements located along the western
boundaries of Parcels 7 and 8, beginning at the southwest corner of the boundary
of Parcel 7 and ending at the northwest corner of the boundary of Parcel 8.
4
The total benefit fees will be charged to each lot and unplatted tract of land within
the Cost Recovery Area equally per square foot.
Pursuant to K.S.A. 12-6al9, a benefit fee shall be assessed only against the
property described in any petition requesting service by the Water System
Improvement. The benefit fee will be the amount of the assessment, including
principal and interest (limited to the 15 year term of the bond financing), which
would have been levied against the property had it been included in the original
Improvement District. The benefit fee will be due and payable at the time the
property begins being served by the Water System Improvement.. If bonds
financing the Water System Improvements are outstanding, the property owner
must either(a) pay the entire benefit fee in one lump sum or (b) pay in one lump
sum that portion of,the benefit fee associated with bonds that have been paid prior
to the date the property begins being served by the Water System Improvement
and pay the remaining portion of the benefit fee in annual installments. If no
bonds financing the Water System Improvements are outstanding, the benefit fee
shall be due and payable in one lump sum. Any benefit fees paid shall be applied
to the City's general bond and interest fund.
6. The signers of this Petition hereby request that the Improvements be made without notice
and hearing as required by K.S.A. 12-604(a).
7. Request for Ag Deferral. Pursuant to K.S.A. 12-6,111,the owners of Parcels 7 and 8 hereby
request that the City authorize and provide for a delay in the commencement of payment of
special assessments related to Parcels 7 and 8 for a period of not to exceed 15 years or until such
property is platted or developed if the same occurs prior to the conclusion of the 15 year period.
All such assessments shall be due and payable in fifteen(15)annual installments,beginning at the
time such property is platted or developed or at the expiration of the 15 year deferral period.
8. Recordation. This Petition shall be filed in the Office of the Register of Deeds in Saline,
County, Kansas at City's cost and expense.
NAMES MAY NOT BE WITHDRAWN FROM THE PETITION BY THE SIGNERS THEREOF
AFTER THE GOVERNING BODY COMMENCES CONSIDERATION OF THE PETITION OR
LATER THAN SEVEN(7)DAYS AFTER FILING OF THE PETITION WITH THE CITY
CLERK,WHICHEVER OCCURS FIRST.
ROGER SANBORN
BY:
MICHELL UNBORN
BY:
LEGAL DESCRIPTION OF PROPERTY OWNED WITHIN THE PROPOSED
IMPROVEMENT DISTRICT:
Parcel 1
Lot 1,Block 1 of the Diamond Addition in the City of Salina,Kansas.
5
STATE OF KANSAS )
SALINE COUNTY )
I,the undersigned Notary Public,hereby certify that the si ature appearing above is genuine and
that this document was signed before me on this day of ,20 7.
BARBARA L.SANBORN
NOTARY PUBLIC
STATE OF KANSAS
I MyAppt
ary Public
My appointment expires:. .
6
ROGER SANBORN
BY:
MICHELLE SANBORN
BY:
LEGAL DESCRIPTION OF PROPERTY OWNED WITHIN THE PROPOSED
IMPROVEMENT DISTRICT:
Parcel 2
The West 141.85' of Lot 1,Block 1 of the Loyd Addition in the City of Salina,Kansas.
STATE OF KANSAS )
SALINE COUNTY )
I,the undersigned Notary Public, hereby certify that the signature appearing above is genuine and
t me on this day of ,20< '.
BARBARA L.SANBORN
NOTARY PUBLIC
OF KANSAS
w._:._. ..._°:.._ — o ary Public
My appointment expires:
OSTS,INC.
BY ` TITLE: rP -�
LEGAL DESCRIPTION OF PROPERTY OWNED WITHIN THE PROPOSED
IMPROVEMENT DISTRICT:
Parcel 3
Lot 1, Block 1, less the west 141.85' of the Loyd Addition and the west 70' of Lot 1,
Block 1, of the Maloney Addition in the City of Salina, Kansas.
STATE OF KANSAS )
SALINE COUNTY )
I, the undersigned Notary Public, hereby certify that the signature appearing above is genuine and
, y hat Phis document was signed before me on this a3 day of., � , 20 0 '7 .
C!4-4�
Notary Public
P
`i tment expires:
e.
o!
8
SPE CO
BY: TITLE: V iP� �o�t•;,�.(�' .
LEGAL,D CRIPTION OF PRO ERTY OWNED WITHIN THE PROPOSED
IMPROV ENT DISTRICT:
Parcel 4
Lot 1, Block 1, less the west 70' of the Maloney Addition in the City of Salina,Kansas.
J-.V�dllgVuq
STATE OF KAAiS*S- )
COUNTY )
uC'�W►1�,�nH
I, the undersigned Notary Public, hereby certify that the signature appearing above is genuine and
that this document was signed before me on this -.2-7 day of R b rah r _, 2007
Pi1L�tQ.t7�
Notod Public
My appointment expires:
JOHNNA L LENHART
J-
une- o2�, 020/3 Notary Public-Seal
State of Indiana
My Common Expires Jun 28.2013
9
MORTON BUILDINGS,INC.
BY: TITLE:
LEGAL DESCRIPTION OF PROPERTY OWNED WITHIN THE PROPOSED
IMPROVEMENT DISTRICT:
Parcel 5
Lot 1, Block 1 of the Morton Addition in the City of Salina,Kansas, less the track
beginning at the NW-corner thence E 159.65',thence S 205.56';thence W 159.8.3',
thence N 205.39' to the point of beginning.
STATE OF KANSAS )
SALINE COUNTY )
I, the undersigned Notary Public, hereby certify that the signature appearing above is genuine and
that this document.was signed before me on this day of , 20
Notary Public
My appointment expires:
10
MICHAEL I HARVEY
BY:C- � law
ELIZABETH,`.HARVEY
BY:
LEGAL VRIPTION'
O RTY O WITHIN THE PROPOSED
IMPRO RIOT:
Parcel 6
Lot 1, Block 1 of the Morton Addition in the City of Salina, Kansas, beginning at the NW
corner thence E 159.65',thence S 205.56',thence W 159.83',thence N 205.39' to the
point of beginning.
STATE OF KANSAS )
SALINE COUNTY )
I, the undersigned Notary Public, hereby certify that the signature appearing above is genuine and
that this document was signed before me on day of 20gq2.
otary Publi
My appointment expires: a rp, �"RY L ROMIG
State of Kansas
`��t•_�: ` MyA�pt�
11
COMCO OF KANSAS,INC.
BY: TITLE: 'PI-e-:9
LEGAL DESCRIPTION OF PROPERTY OWNED WITHIN THE PROPOSED
IMPROVEMENT DISTRICT:
Parcel 7
A tract of land located in the West 76 acres of the West Half of the Northeast Quarter of
Section 35,Township 13 South, Range 3 West of the Sixth Principal Meridian in Saline
County Kansas. More particularly described as follows:
Commencing at the Southwest corner of said Northeast Quarter;
Thence,on an assumed bearing of N 00° 01' 28"E along the West line of said
Northeast Quarter for a distance of 40.00 feet to a point on the North right-of way of
West Diamond Drive, said point being the POINT OF BEGINNING;
Thence continuing N 00° 0 F 28" E along the West line of said Northeast
Quarter, for a distance of 603.33 feet.
Thence, S 89° 59' 39" E for a distance of 1268.28 feet.
Thence, S 00° 01' 45" W for a distance of 603.20 feet,to a point on said North
right-of-way.
Thence N 90° 00' 00"W along said North right-of-way a distance of 1268.23
feet to the POINT OF BEGINNING; Containing 765,102.2 square feet, 17.564 acres
more or less.
Parcel 8
A tract of land located in the West 76 acres of the West Half of the Northeast Quarter of
Section 35,Township 13 South, Range 3 West of the Sixth Principal Meridian in Saline
County Kansas. More particularly described as follows:
Commencing at the Southwest corner of said Northeast Quarter;
Thence, on an assumed bearing of N 00° 0 P 28"E along the West line of said
Northeast Quarter for a distance of 643.33 feet to the Northwest corner of Parcel 47, said
point being the POINT OF BEGINNING;
Thence continuing N 00° 01' 28" E along the West line of said Northeast
Quarter, for a distance of 603.33 feet to a point on the North line of a 20 foot utility
easement.
Thence, S 89° 59' 18" E along said North line, for a distance of 1268.33 feet.
Thence, S 00° 01' 45" W for a distance of 603.20 feet to the Northeast corner of
Parcel #7.
Thence N 89° 59' 39"W along the North line of Parcel #7 a distance of 1268.28
feet to the POINT OF BEGINNING; Containing 765,132.52 square feet, 17.565 acres
more or less.
STATE OF KANSAS )
SALINE COUNTY )
I, the undersigned Notary Public, hereby cert that the si nature appearing above is genuine and
that this document was signed before me on this day of , 20D.
KAREN J.WODKE
Notary Public,State of Kansas !
Nly Appointment Exp;'as c Jas
June 09,2007 N-01ary Public
My appom men expires:
12
Exhibit
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