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4303 Improvements Quail Meadows Estates City Clerk's Office Filed PETITION TO THE GOVERNING BODY OF THE CITY OF SALINA,KANSAS: 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 geueral=nature of the proposed improvements are as follows: The curl ,-gdtt&,pdvemenf and grading for approximately 979 lineal feet of Melanie Lane(the"Melanie Lane Street Iffipf6vements"), 945 lineal feet of Eileen Lane (the"Eileen Lane Street Improvements")and 835 lineal feet of Joanie Lane (the"Joanie Lane Street Improvements,"and collectively,the"Street Improvements"); The installation of approximately 3,276 lineal feet of storm sewer pipe,inlets, and all appurtenances thereto (the"Drainage Improvements"); The installation of approximately 476 square yards of concrete drainage ribbon and all appurtenances thereto(the "Concrete Drainage Ribbon Improvements"); The installation of approximately 1,675 lineal feet of six-inch water main, 1,118 lineal feet of eight-inch water main,,fife hydrants, valves, fittings, service connections for water lines and all appurtenances thereto (the"Water.System Irnprovements"). The installation of approximately 803 lineal feet of eight-inch sanitary sewer main, service connections for sewer lines,manholes, and all appurtenances thereto (the"Sanitary Sewer Lateral A Improvements")and 1,760 lineal feet of eight-inch sanitary sewer main, service connections for sewer lines,manholes, and all appurtenances thereto(the"Sanitary Sewer Laterals B,C, and D Improvements"and collectively the "Sanitary Sewer Improvements"); (the "Improvements"). 2. The estimated or probable cost of the Improvements is: Nine hundred eighty-five thousand six hundred ninety-four dollars and forty cents ($984,433.40). I. The extent of the proposed improvement district to be assessed is: Lots 11 through 20,Block 5; Lots I through 22, Block 6; Lots I through 22,Block 7; Lot 1, Block 8, all in the Quail Meadows Estates Addition and Lot 1,Block I and Lot 1,Block 2, both in the Quail Meadows Estates Commercial Addition, all in the City of Salina, Saline County,Kansas. (the "Improvement District"). 4. The proposed method of assessment shall be: The lots in the Improvement District shall be assessed by front footage for the Street Improvements and Water System Improvements,by square footage for the Sanitary Sewer Improvements, Drainage Improvements and Concrete Drainage Ribbon Improvements. The proposed apportionment of cost between the Improvement District and the City at Large is: One hundred percent(100%)of the total cost of improvements shall be assessed to the Improvement District and no portion of costs shall be paid by the City at Large.The costs of the improvements within the Improvement District shall be further allocated as follows: One hundred percent(100%)of Melanie Lane Street Improvements shall be assessed to Lots 12 through 21,Block 6; Lots 2 through 22,Block 7; Lot I Block 8 Quail Meadows Estates Addition; Lot I Block 1; Lot I Block 2 Quail Meadows Estates Commercial Addition(Lot 1 Block I and Lot 1 Block 2, Quail Meadows Estates Commercial Addition are currently proposed in an approved preliminary plat before the City of Salina); One hundred percent(100%) of Eileen Lane Street Improvements shall be assessed to Lots 12 through 22,Block 7 and Lot I Block 8 Quail Meadows Estates Addition; One hundred percent(100%)of Joanie Lane Street Improvements shall be assessed to Lots 12 through 21,Block 6, Lots 2 through 11,Block 7 Quail Meadows Estates Addition; One hundred percent(100%)Drainage Improvements to Lots 12 through 21, Block 6, Lots 2 through 22,Block 7, Lot 1 Block 8, Quail Meadows Estates Addition; One hundred percent(100%)of Concrete Drainage Ribbon Improvements to Lots 1 through 22,Block 6 and Lots 1 through 22,Block 7 Quail Meadows Estates Addition; One hundred percent(100%)of Water Improvements shall be assessed to Lots 2 through 21,Block 6, Lots 2 through 22,Block 7,Lot 1 Block 8 Quail Meadows Estates Addition; Lot 1 Block 1 and Lot 1 Block 2 Quail Meadows Estates Commercial Addition; One hundred percent(100%) of Sanitary Sewer Lateral A Improvements shall be assessed to Lots 11 through 20,Block 5, Lots 2 through 21,Block 6, Lots 2 through 22, Block 7, Lot 1 Block 8 Quail Meadows Estates Addition; Lot 1 i Block 1 and Lot 1 Block 2 Quail Meadows Estates Commercial Addition; One hundred percent(100%) of Sanitary Sewer Laterals B, C,and D Improvements shall be assessed to Lots 12 through 21,Block 6, Lots 2 through 22,Block 7, Lot 1 Block 8 Quail Meadows Estates Addition. 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). 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. i I Quail Meadow Estates, Inc. I Stan Byquist,President i I LEGAL DESCRIPTION OF PROPERTY OWNED WITHIN THE PROPOSED IMPROVEMENT DISTRICT: Lots 11 through 20,Block 5,Lots 1 through 21,Block 6, Lots 2 through 22,Block 7,Lot 1,Block 8, Quail Meadows Estates Addition; and Lot 1,Block 1, Lot 1 Block 2, Quail Meadows Estates Commercial Addition(Lot 1 Block 1 and Lot 1 Block 2, Quail Meadows Estates Commercial Addition are currently proposed in an approved preliminary plat before the City of Salina)all in the City of Salina, Saline County,Kansas. STATE OF KANSAS ) I ) 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 Lp �^- day of 0-ocern ber- , 20 0-7. JANAE CRAMER Notary Public-State of Kansas MY Appt.Expires ( -a No ary Public My appointment expires: 11--a3 ao�l 2 City Clerk's Office Filed AFFIDAVIT AND WAIVER RELATED TO THE QUAIL MEADOWS ESTATES ADDITION PHASE IV STREET,DRAINAGE AND UTILITY IMPROVEMENTS (MELANIE LANE,EILEEN LANE AND JOANIE LANE) I,Stan Byquist,President of the Quail Meadow Estates,Inc.,hereby state as follows: 1. Quail Meadow Estates, Inc. is the owner of record of two unplatted parcels of land, legally described as follows(the"Unplatted Tracts"): Tract No.1: A parcel of land located in the Southeast Quarter of Section 36, Township 14 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 Southeast Quarter; Thence on an assumed Bearing of N 0°21'l 1" E along the East line of said Southeast Quarter,a distance of 1332.08 feet to the Northeast corner of the South Half of the said Southeast Quarter; Thence N 89 055'49" W along the North, line of said South Half, a distance of 50.00 feet to the Point of Beginning; Thence S 0°21'l 1" W parallel with the East line of said South Half, a 'distance of 477.91 feet to the Northeast corner of UNPLATTED TRACT No. 2, a tract of land located in the Southeast Quarter of Section 36, Township 14 South, Range 3 West of the Sixth Principal Meridian in Saline County,Kansas; Thence N 89°55'49" W along the North line of said UNPLATTED TRACT No. 2, a distance of 617.28 feet to the Northwest corner of said UNPLATTED TRACT No. 2 said point being on the East line of Quail Meadows Estates Addition,in the City of Salina,Kansas; Thence N 0°21'l 1" E along the said East line, a distance of 477.91 feet to the Northeast corner of said Quail Meadow Estates Addition, said point also being on the North line of the South Half of the said Southeast Quarter; Thence S 89 055'49" E along said North line, a distance of 617.28 feet to the Point of Beginning. UNPLATTED TRACT No. 1 contains 6.77 acres,more or less; Tract No.2: A parcel of land located in the Southeast Quarter of Section 36, Township 14 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 Southeast Quarter; Thence-on an assumed Bearing of N 0°21'l 1" E along the East line of said Southeast Quarter,a distance of 854.17 feet to a point on East line of the South Half of the said Southeast Quarter; Thence N 89°55'49" W, a distance of 50.00 feet to the Southeast corner of UNPLATTED TRACT No. 1, a tract of land located in the Southeast Quarter of Section 36, Township 14 South, Range 3 West of the Sixth Principal Meridian in Saline County, Kansas, said point is the Point of Beginning; 1 Thence S 0°21'11" W parallel with the East line of said South Half, a distance of 706.82 feet, to a point on the West line of Ohio Street Right of Way; Thence S 05 000'08" W along the West line of the Ohio Street Right of Way, a distance of 111.09 feet, to a point on the West line of the Ohio Street Right of Way; Thence S 57'26'15" W along the Right of Way line, a distance of 12.57 feet to a point on the North line of the Schilling Street Right of Way; Thence N 90°00'00" W along the North line of the Schilling Road Right of Way, a distance of 597.73 feet to a point on the North line of the Schilling Road Right of Way; Thence N 00°21'11" E along the Right of Way line, a distance of 20.00 feet to the Southeast,corner of Lot 1, Block 9 of the Quail Meadows Estates Addition a Subdivision located in the City of Salina, Kansas; Thence N 00°21'11"i E along the East line of Quail Meadows Estates Addition a Subdivision located in the City of Salina, Kansas, a distance of 804.98 feet, to the Southwest corner of said UNPLATTED TRACT No. 1, said point being on the said East line; Thence S 89°55'49"1 E along the South line of said UNPLATTED TRACT No. 1, a distance of 617.28 feet to the Point of Beginning. UNPLATTED TRACT No. 2 Contains 11.67 Acres, more or less All in the City of Salil a, Saline County, Kansas. I 2. On June 12, 2007, a plat for Ithe Unplatted Tracts was submitted to the City of Salina, Kansas (the "City"), by Quail Meadow Estates, Inc. Such plat has not yet been approved, and is currently pending before the City. 3. If approved, the Unplatted Tracts would be legally described pursuant the plat as follows (the "Platted Legal Description"): i Lot 1, Block 1, Lot 11 Block 2, Quail Meadows Estates Commerical Addition in the City of Salina, Saline County,Kansas. 4. On December 6, 2007, I signed a Petition for the creation of an improvement district pursuant to K.S.A. 12-601 et seq. (the "Petition"), which related to certain improvements known as the Quail Meadows Estates Addition Phase IV street, drainage and utility improvements. j 5. The Petition inadvertently used the Platted Legal Description to describe the Unplatted Tracts. 6. I am aware that the governing body of the City adopted Resolution No. 07-6464 on December 17, 2007, approving the creation of an improvement district as described in the Petition. Resolution No. 07-6464 also inadvertently used the Platted Legal Description to describe the Unplatted Tracts. j 't 2 7. I hereby waive any rights to challenge the Petition or Resolution No. 07-6464 due to the incorrect legal description of the Unplatted Tracts that was inadvertently included in the Petition and Resolution No. 07-6464. I further request that the governing body of the City amend Resolution No. 07-6464 to substitute the legal description for the Unplatted Tracts that is set forth in paragraph 1 of this Affidavit and Waiver for the incorrect Platted Legal Description contained in Resolution No. 07-6464. Stan Byquist, sident Quail Meadow states,Inc. STATE OF KANSAS ) SALINE COUNTY ) 1, the undersigned Notary Public,hereby certify that the s' ature appearing above is genuine and that this document was signed before me on this day of 20 t:) Notary Public My appointment expires: E NOTARY PUBLIC STATE OOFF_KAPIGAG 91B MY AAPt.0zi 3 II