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4352 Pheasant Ridge No. 2 ImprovementsCity Clerk's Office Filed L Y. PETITION 4352 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,etseq. 1. The general nature of the proposed improvements are as follows: The installation of curb & gutter, pavement, and grading for approximately 750 lineal feet of Prairie Lane (the "Prairie Lane Street Improvements ") The installation of curb & gutter, pavement, and grading for approximately 750 lineal feet of Quail Hollow Drive (the "Quail Hollow Drive Street Improvements ") The installation of approximately 1,687 lineal feet of six -inch water main, 417 lineal feet of eight -inch water main, fire hydrants, valves, fittings, service connections and all appurtenances thereto for water lines within right of way and/or utility easement (the ".`Water System Improvements ") The installation of approximately 1,408 lineal feet of eight -inch sanitary sewer main, 1,249 lineal feet of four -inch force main, relocation of an existing sanitary pump station, service connections, manholes and all appurtenances thereto for sanitary sewer lines lying within right of way and/or utility easement, (the "Sanitary Sewer Improvements ") The installation of approximately 935 lineal feet of storm sewer, inlets, and all appurtenances thereto for storm sewer lines lying within right of way and/or drainage easement, (the "Drainage Improvements ") (collectively, the "Improvements ") 2. The estimated or probable cost of the Improvements is: One million one hundred sixty -two thousand eight hundred nine dollars and sixty -five cents ($1,162,809.65) (to be split approximately as follows: $51,925.61 for the Water System Improvements along Prairie Lane, $81,559.59 for the Water System Improvements along Quail Hollow, $139,559.45 for the Sanitary Sewer Improvements along Prairie Lane, $182,045.66 for the Sanitary Sewer Improvements along Quail Hollow, $344,558.76 for the Prairie Lane Street Improvements and related Drainage Improvements and $363,160.59 for the Quail Hollow Street Improvements and related Drainage Improvements). 3. The extent of the proposed improvement district to be assessed is: Lots 1 through 13, Block 1, and Lots 1 through 14, Block 2, all in the Pheasant Ridge Addition No. 2, in the City of Salina, Saline County Kansas; and an unplatted tract of land abutting the Pheasant Ridge Addition No. 2 and within the city limits and described in two separate descriptions as ( "Unplatted Tract No. 1 "): A parcel of land located in the Southeast Quarter (SE/4) of Section Seventeen (17), Township Fourteen (14) South, Range Two (2) West of the 6`° P.M., in Saline County, Kansas, more particularly described as commencing at the Northwest corner of Lot 1, Block 3, the Replat of Pheasant Ridge Addition to the City of Salina, Saline County, Kansas; Thence N 00 °01'45" W along the East right -of -way line of Prairie Lane right -of -way and extensions thereof a distance of 395.61 feet to the POINT OF BEGINNING of the parcel to be described; Thence continuing N 00 °01'45" W along said extension of Prairie Lane right -of -way a distance of 458.92 feet to a point on the North line of the Southeast Quarter of the Southeast Quarter; Thence N 89 °22'34" E along said North line a distance of 470.43 feet; Thence S 00 °01'45" E a distance of 459.31 feet; Thence S 89 °25'25" W a distance of 470.43 feet to the point of beginning, said parcel containing 4.96 acres, more or less. And A parcel of land located in the Southeast Quarter (SE /4) of Section Seventeen (17), Township Fourteen (14) South, Range Two (2) West of the 6`" P.M., in Saline County, Kansas, more particularly described as beginning at the Northwest corner of Lot One (1), Block Three (3), the Replat of Pheasant Ridge Addition to the City of Salina, Saline County, Kansas, Thence N 00 °01'45" W along the East right -of -way line of Prairie Lane and extensions thereof, a distance of 395.61 feet, Thence N 89 °25'25" E a distance of 470.43 feet, Thence S 00 °01'45" E a distance of 395.61 feet to a point on the North line of the Replat of Pheasant Ridge Addition, Thence S 89 °25'25" W along the North line of said Lot One (I) a distance of 470.43 feet to the point of beginning. Said parcel contains 4.27 acres, more or less. (the "Improvement District "). 4. The proposed method of assessment shall be: Only Lots 1 through 13, Block 1, and Lots 1 through 14, Block 2, all in the Pheasant Ridge Addition No. 2, in the City of Salina, Saline County Kansas, shall be assessed for the costs of the Quail Hollow Street Improvements and associated Drainage Improvements, the Water System Improvements along Quail Hollow, and the Sanitary Sewer Improvements along Quail Hollow, and such lots shall be assessed equally per square foot for the costs of such improvements. All parcels in the Improvement District shall be assessed equally per square foot for costs of the Prairie Lane Street Improvements and associated Drainage Improvements, the Water System Improvements along Prairie Lane and the Sanitary Sewer Improvements along Prairie Lane. 5. The proposed apportionment of cost between the Improvement District and the city at large is: The City at Large shall contribute all proceeds of a Special Infrastructure Grant from the Environmental Protection Agency (the "EPA Grant ") to pay a portion of the costs of Water System Improvements. The City at Large shall contribute all proceeds of a Technical Assistance Grant from the North Central Kansas Regional Development Tax Credit Program (the "NCRPC Grant ") to pay a portion of the Prairie Lane Street Improvements, the Quail Hollow Street Improvements and the Drainage Improvements. In no event shall the City at Large pay more than 95% of the costs of the Improvements. The City at Large contributions shall be in accordance with the Workforce Housing Development Agreement between the City and TWI Development, Inc., approved by Resolution 12 -6922 of the City. The remainder of the cost of the Improvements shall be assessed to the Improvement District. 6. The signers of this Petition hereby request that the assessments related to Unplatted Tract No. 1 be deferred pursuant to K.S.A. 12 -6,110 to 12 -6,114 until the earlier of (a) 15 years after the date of the ordinance levying special assessments related to the proposed Improvements or (b) the date when Unplatted Tract No. 1 is platted or developed and no longer meets the criteria set forth in K.S.A. 12- 6,113. 7. 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). 8. The signers of this Petition hereby consent to the levy of special assessments against the Improvement District pursuant to K.S.A. 12 -6a10, and expressly waive the requirement of K.S.A. 12 -6a09 for a notice and hearing prior to the levy of such assessment, so long as: (a) the costs assessed to any individual parcel within the Improvement District do not exceed the amounts set forth in the Preliminary Engineering Report dated December 6, 2012, prepared by the City, a copy of which has been provided to the signers of this Petition, and (b) the ordinance levying such special assessments includes a deferral of such ,special assessments related to Unplatted Tract No. 1, as described in Paragraph 6 of this Petition. 2 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. The petitioners certify, under oath, that they have no financial interest in any property with delinquent special assessment anywhere within the city of Salina. TODD WELSH. INC. President LEGAL DESCRIPTION OF PROPERTY OWNED WITHIN THE PROPOSED IMPROVEMENT DISTRICT: Lots 1 through 13, Block 1, and Lots 1 through 14, Block 2, all in the Pheasant Ridge Addition No. 2, in the City of Salina, Saline County Kansas. STATE OF KANSAS SALINE COUNTY I, the undersigned Notary Public, hereby certify that the sigDat ure appearing above is genuine and that this document was signed before me on this 31st day of c b 6 , 2012. %XA C. `-� Notary Public My appointment expires: JUAI Ur uA U. ANiUKEW Notafy Pudic. Stato of Kansas ,P:Sy npt.Expiros - FIRST CHRISTIAN CHURCH Floyd Stoddard, Church Moderator LEGAL DESCRIPTION OF PROPERTY OWNED WITHIN THE PROPOSED IMPROVEMENT DISTRICT: A parcel of land located in the Southeast Quarter (SE/4) of Section Seventeen (1.7), Township Fourteen (14) South, Range Two (2) West ofthe 6's P.M., in Saline County. Kansas, more particularly described as commencing at the Northwest comer of Lot 1, Block 3, the Replat of Pheasant Ridge Addition to the.City of Salina, Saline County, Kansas; Thence N 00 °01'45" W along the East right -of -way line of Prairie Lane right -of- -way and extensions thereof a.distance of 395.61 feet to the POINT OF BEGINNING of the parcel to be described; Thence continuing N 00 °01'45" W along said extension of Prairie Lane right -of -way a distance of 458.92 feet to a point on the North line of the Southeast Quarter of the Southeast Quarter; Thence N 89 °22'34" Ealong said North line a distance of 470 -43 feet; `Chance S 00 °01'45" E a distance of 459.31 feet; Thence S 89 °25'25 W a distance of 470.43 feet to the point of beginning, said parcel containing 4.96 acres, more or less. And A parcel of land located in the Southeast Quarter (SE/4) ofSection Seventeen (17), Township Fourteen (14) South, Range.Two (Z) West of the 6" P.M., in Saline County, Kansas, more Particularly described as beginning at the Northwest corner. of Lot One (I ),Block Three (3), the Replat of Pheasant Ridge Addition to the City of Salina, Saline County, Kansas. Thence N 00 °01'45" W along the East right -of -way line of Prairie Lane and extensions thereof, a distance of 395.61 feet, Thence N 89 °25'25" E a distance of 470.43 feet, Thence S 00 °01'45" E a distance of 395.61 feet to a point on the North line of the Replat of Pheasant Ridge Addition, " Thence S 89 °25'25 W along the North line of said Lot One (1) a distance of 470.43 feet to the point of beginning. Said parcel contains 4.27 acres, more or less. 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 o?f %qiday of 2013. . N taa Public — - My appointment expires: . It —� NDA C. ANDF EW, r N Nora Public- State of Kansas as;_A(sni. f_ =,Ices ( .