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4326 Magnolia Commons Improvements City Clerk's Office Filed PETITION j Ag-�' 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 general nature of the proposed improvements are as follows: The curb, guttering, paving, grading and drainage for approximately 1,600 lineal feet of Virginia Drive, (the Virginia Drive Street Improvements); 920 lineal feet of Virginia Court, (the Virginia Court Street Improvements); and 625 lineal feet of Magnolia Road, (the Magnolia Road Street Improvements) and collectively the "Street Improvements". The installation of approximately 10,073 lineal feet of twelve-inch water main, 965 lineal feet of ten-inch water main, 80 lineal feet of six-inch water main, fire hydrants, valves, fittings,and all appurtenances thereto(the "Water System Improvements"). The installation of approximately 356 lineal feet of fifteen-inch sanitary sewer main, 2,207 lineal feet of twelve-inch sanitary sewer main, 3,268 lineal feet of eight-inch sanitary sewer main, manholes, wastewater lift station, and all appurtenances thereto (the Sanitary Sewer Improvements). The installation of stormwater detention, stormwater pump station and all appurtenances thereto(the "Stormwater Detention Pond"). The installation of approximately 2,138 lineal feet of storm sewer, inlets, and all appurtenances thereto(the"Drainage Improvements"). (collectively,the "Improvements"). 2. The estimated or probable cost of the Improvements is: Three million four hundred fifteen thousand five hundred sixty-three dollars and sixty cents($3,415,563.60). 3. The extent of the proposed improvement district to be assessed is: Parcel 1 Lot 1,Block 1, in the Magnolia Commons Addition Parcel 2 Lot 4,Block 1, in the Magnolia Commons Addition Parcel 3 Lot 3,Block 1,in the Magnolia Commons Addition Parcel 10 An unplatted tract of land located in the South half of the Southeast Quarter of Section 26, Township 14 South, Range 3 West of the Sixth Principal Meridian in Saline County, Kansas,more particularly described as follows: Commencing at the Southwest corner of the Southeast '/4 of said Section 26; thence North along the West line of said Southeast '/4 on an assumed bearing of North 00'09'15"East,a distance of 96.25 feet to the POINT OF BEGINNING; thence North 89°38'00"East, a distance of 22.40 feet; thence North 66°25'36"East, a distance of 38.07 feet; thence North 81021'24"East, a distance of 489.67 feet; thence North 09°41'31"West, a distance of 567.93 feet; thence North 20°27'30"West,a distance of 198.30 feet; thence North 35°49'23"West,a distance of 242.34 feet; thence North 52°55'59" East, a distance of 25.00 feet to a point on the westerly right-of- way of 1-135 highway; thence northwesterly along said R/W on a non-tangent curve to the left having a radius of 5579.58 feet, an arc distance of 223.78 feet, said curve having a long chord of 223.77 feet and a bearing of North 38°12'31"West; thence South 89'57'15"West, a distance of 112.89 feet to a point on the West line of the Southeast '/4 of said Section 26; 1 thence South 00'09'15"West along said West line, a distance of 1221.88 feet back to the POINT OF BEGINNING. The above described tract of land contains 469,826 square feet or 10.79 acres, more or less. Parcel 11 Lot 1,Block 1, in the Premier Addition. (the "Improvement District"). 4. The proposed method of assessment shall be: Each parcel in the Improvement District shall be assessed equally per acre for costs of the various Improvements benefitting such lot, as described in "Apportionment of Cost"below. 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 certain cost of the Improvements shall be paid by the city at large, as follows: Costs chargeable to the Improvement District 1. Approximately 70.9% of the Street Improvements to be assessed to the following properties: Parcels 1, 2, 3, and 11. 2. One hundred percent(100%) of the Drainage Improvements to be assessed to the following properties: Parcels 1,2, and 3. 3. One hundred percent (100%) of the Stormwater Detention Pond to be assessed to the following properties: Parcels 1, 2, and 3. 4. Approximately 14.7% of the total cost of the Water System Improvements to be assessed to the following properties: Parcels 1, 2, 3, 10,and 11. 5. Approximately 19.3% of the costs of the Sanitary Sewer Improvements to be assessed to the following properties: Parcels 1, 2, 3, 10,and 11. Costs chargeable to the City-At-Large 1. Approximately 29.1 %of the Street Improvements. 2. Approximately 85.3%of the Water System Improvements. 3. Approximately 80.7%of the Sanitary Sewer Improvements. Pursuant to the provisions of K.S.A. 12-6al9, there is additional property that benefits or will benefit from the Improvements, but is not included within the Improvement District referenced in paragraph 3 herein because the property is currently outside the City limits. The City intends to charge benefit fees in the manner set forth in K.S.A. 12-6a19 for any owner of property within the tracts of land shown on the map attached hereto as Exhibit A, referenced as the"K.S.A. 12-6a19 Area," and legally described as follows: Parcel 4 (LOCATED OUTSIDE THE CITY LIMITS, BUT DIRECTLY ADJACENT TO THE CITY BOUNDARY) A tract of land located in the Northeast Quarter of Section 35,Township 14 South,Range 3 West of the 6"' Principal Meridian, Saline County, Kansas, more particularly described as follows: Commencing at the Northwest Corner of said Northeast Quarter; Thence on an assumed bearing of South 00°05'09" East on the West line of said Northeast Quarter, a distance of 1696.31 feet to the Southwest corner of a parcel recorded in Saline County Register of Deeds, Book: 1168, Page: 1808, said point being the POINT OF BEGINNING; Thence North 89°52'43" East on the South line of said recorded parcel, a distance of 1355.10 feet to the West Right-of-Way line of I-135; Thence on said Right-of Way line on a curve to the Right having a radius of 5579.65 feet, an arc length of 552.14 feet, a chord bearing of South 02°36'23"East, a chord distance of 551.91 feet; Thence South 00°13'42" West continuing on said West Right-of-Way line, a distance of 363.60 feet to a point 20.00 feet North of the South line of said Northeast Quarter; Thence North 89°55'27" West on a line parallel to and 20.00 feet north of said South line, a distance of 1377.39 feet to said West line; 2 i Thence North 00°05'09" West on said West line, a distance of 910.25 feet to the POINT OF BEGINNING. Said tract contains 1,254,306.80 square feet, 28.795 acres,more or less. Parcel 5a (LOCATED OUTSIDE THE CITY LIMITS, BUT DIRECTLY ADJACENT TO THE CITY BOUNDARY) A tract of land located in the Northwest Quarter of Section 35, Township 14 South, Range 3 West of the 6`'' Principal Meridian, Saline County, Kansas, more particularly described as follows: Commencing at the Northwest Corner of said Northwest Quarter; Thence on an assumed bearing of South 89°54'47" East on the North line of said Northwest Quarter, a distance of 1585.99 feet; Thence South 00°27'27"West, a distance of 71.18 feet to a point on the South Right-of- Way line recorded in the Saline County Register of Deeds Misc. book: 96, pg: 82, said point being the POINT OF BEGINNING; Thence South 00°27'27" West on said South Right-of-Way line, a distance of 29.65 feet to a point on the centerline of Dry Creek; Thence South 81°08'09"East on the centerline of Dry Creek, a distance of 23.01 feet; Thence South 52'23'12"East on the centerline of Dry Creek, a distance of 219.86 feet; Thence South 27°22'56"East on the centerline of Dry Creek, a distance of 164.03 feet; Thence South 21°34'53"East on the centerline of Dry Creek, a distance of 26.28 feet; Thence South 15°37'44"West on the centerline of Dry Creek, a distance of 67.04 feet; Thence South 02°58'02"West on the centerline of Dry Creek, a distance of 37.35 feet; Thence South 46°59'34"West on the centerline of Dry Creek, a distance of 65.26 feet; Thence South 35°17'41"West on the centerline of Dry Creek, a distance of 89.38 feet; Thence South 43°37'21"West on the centerline of Dry Creek, a distance of 131.83 feet; Thence South 14°34'39"West on the centerline of Dry Creek, a distance of 64.18 feet; Thence South 01'18'17"West on the centerline of Dry Creek, a distance of 28.31 feet; Thence South 27°52'23"East on the centerline of Dry Creek,a distance of 26.19 feet; Thence South 51°13'46"East on the centerline of Dry Creek, a distance of 75.44 feet; Thence South 41'06'48"East on the centerline of Dry Creek, a distance of 79.39 feet; Thence South 33°41'20"East on the centerline of Dry Creek, a distance of 109.28 feet; Thence South 34°16'28"East on the centerline of Dry Creek, a distance of 108.89 feet; Thence South 30°10'59"East on the centerline of Dry Creek, a distance of 106.40 feet; Thence South 39°43'39"East on the centerline of Dry Creek, a distance of 75.83 feet; Thence South 26°02'09"East on the centerline of Dry Creek, a distance of 245.31 feet; Thence South 15°18'03"East on the centerline of Dry Creek, a distance of 127.14 feet; Thence South 12'52'13"East on the centerline of Dry Creek, a distance of 82.84 feet; Thence North 89°52'43"East, a distance of 509.42 feet to a point that is 10.00 feet West, measured perpendicular, of the East line of said Northwest Quarter; Thence North 00°05'09" West parallel to said East line, a distance of 1278.92 feet to a point on the South line of a parcel recorded in Saline County Register of Deeds Book: 379,Page: 555; Thence North 89°54'29" West, a distance of 513.61 feet to the Southwest corner of a parcel recorded in Saline County Register of Deeds Book: 1209,page: 477; Thence North 00°33'09" West, a distance of 347.96 feet to the Northeast corner of a parcel recorded in Saline County Register of Deed Book: 1209,page: 477; Thence on said South,Right-of-Way line on a curve to the Right, having a radius of 28707.87 feet, an arc length of 522.05 feet, a chord bearing of South 89°54'23" West, and a chord distance of 552.04 feet,to the POINT OF BEGINNING. Said tract contains 1,118,002.76 square feet, 25.666 acres,more or less. Parcel 5b (LOCATED OUTSIDE THE CITY LIMITS, BUT DIRECTLY ADJACENT TO THE CITY BOUNDARY) A tract of land located in the Northwest Quarter of Section 35, Township 14 South, Range 3 West of the 6"' Principal Meridian, Saline County, Kansas, more particularly described as follows: Commencing at the Northeast Corner of said Northwest Quarter; Thence on an assumed bearing of South 00°05'09" East on the East line of said Northwest Quarter, a distance of 1696.31 feet to the POINT OF BEGINNING; Thence South 89°52'43" West, a distance of 519.42 feet to a point on the centerline of Dry Creek; Thence South 12'52'13"East on the centerline of Dry Creek, a distance of 32.97 feet; Thence South 11°37'07"East on the centerline of Dry Creek, a distance of 144.21 feet; Thence South 04°29'24"East on the centerline of Dry Creek, a distance of 90.73 feet; 3 Thence South 05°30'33"East on the centerline of Dry Creek, a distance of 140.25 feet; Thence South 08°46'47"East on the centerline of Dry Creek, a distance of 145.30 feet; Thence South 14'07'13"East on the centerline of Dry Creek, a distance of 99.03 feet; Thence South 19°24'04"East on the centerline of Dry Creek, a distance of 159.13 feet; Thence South 14°12'44"East on the centerline of Dry Creek, a distance of 82.06 feet; Thence South 07'45'11" East on the centerline of Dry Creek, a distance of 56.70 feet to the South line of said Northwest Quarter; Thence South 89°59'23" East, a distance of 336.87 feet to the Southeast corner of said Northwest Quarter; Thence North 00°05'09" West on the East line of said Northwest Quarter, a distance of 930.07 feet to the POINT OF BEGINNING. Said tract contains 408,268.12 square feet, 9.3725 acres,more or less. Parcel 6 (LOCATED OUTSIDE THE CITY LIMITS, BUT DIRECTLY ADJACENT TO THE CITY BOUNDARY) A tract of land located in the Northwest Quarter of Section 35, Township 14 South, Range 3 West of the 6"' Principal Meridian, Saline County, Kansas, more particularly described as follows: Commencing at the Northwest Corner of said Northwest Quarter; Thence on an assumed bearing of South 89°54'47" East on the North line of said Northwest Quarter, a distance of 130.18 feet; Thence South 00°20'00"East on the East Railroad Right-of-way line, a distance of 43.23 feet to a point on the South Right-of-Way line recorded in the Saline County Register of Deeds Misc.book: 96,pg: 82, said point being the POINT OF BEGINNING; Thence South 88°41'33"East on said South Right-of-Way line, a distance of 214.37 feet; Thence North 0I'l8'27"East on said South Right-of-Way line, a distance of 17.00 feet; Thence South 88°41'33"East on said South Right-of-Way line, a distance of 50.00 feet; Thence South 0I'l8'27"West on said South Right-of-Way line, a distance of 17.00 feet; Thence South 87°28'33"East on said South Right-of-Way line, a distance of 475.10 feet; Thence South 89°55'33" East on said South Right-of-Way line, a distance of 103.18 feet to a Permanent Easement line recorded in the Saline County Register of Deeds Misc. book: 96,pg: 87; Thence South 59°58'41 East on said Easement line, a distance of 171.05 feet; Thence on a curve to the left, having a radius of 28797.87 feet, an arc length of 200.80 feet, a chord bearing of South 88°48'46"East,a chord distance of 200.80 feet; Thence North 00°59'27" East continuing on said Easement line, a distance of 89.30 feet to a point on said South Right-of-Way line, Thence South 89°55'33"East on said South Right-of-Way line,a distance of 47.02 feet; Thence continuing on said South Right-of-Way line on a curve to the Left, having a radius of 28707.87 feet, an arc length of 185.40 feet, a chord bearing of South 89°17'33" East,a chord distance of 185.40 feet; Thence South 00°31'27"West on said South Right-of-Way line, a distance of 30.00 feet; Thence continuing on said South Right-of-Way line on a curve to the Left, having a radius of 28737.87 feet, an arc length of 30.10 feet, a chord bearing of South 89°30'33" East, a chord distance 3 0.10 feet; Thence North 00°27'27" East on said Right-of-Way line, a distance of 0.35 feet to the centerline of Dry Creek; Thence South 81°08'09"East on the centerline of Dry Creek, a distance of 23.01 feet; Thence South 52'23'12"East on the centerline of Dry Creek, a distance of 219.86 feet; Thence South 27°22'56"East on the centerline of Dry Creek, a distance of 164.03 feet; Thence South 21°34'53"East on the centerline of Dry Creek, a distance of 26.28 feet; Thence South 15°37'44"West on the centerline of Dry Creek, a distance of 67.04 feet; Thence South 02°58'02"West on the centerline of Dry Creek, a distance of 37.35 feet; Thence South 46°59'34"West on the centerline of Dry Creek, a distance of 65.26 feet; Thence South 35°17'41"West on the centerline of Dry Creek, a distance of 89.38 feet; Thence South 43°37'21"West on the centerline of Dry Creek, a distance of 131.83 feet; Thence South 14°34'39"West on the centerline of Dry Creek, a distance of 64.18 feet; Thence South 01'18'17"West on the centerline of Dry Creek, a distance of 28.31 feet; Thence South 27°52'23"East on the centerline of Dry Creek, a distance of 26.19 feet; Thence South 51°13'46"East on the centerline of Dry Creek, a distance of 75.44 feet; Thence South 41'06'48"East on the centerline of Dry Creek, a distance of 79.39 feet; Thence South 33°41'20"East on the centerline of Dry Creek, a distance of 109.28 feet; Thence South 34°16'28"East on the centerline of Dry Creek, a distance of 108.89 feet; Thence South 30°10'59"East on the centerline of Dry Creek, a distance of 106.40 feet; Thence South 39°43'39"East on the centerline of Dry Creek, a distance of 75.83 feet; Thence South 26°02'09"East on the centerline of Dry Creek, a distance of 245.31 feet; Thence South 15°18'03"East on the centerline of Dry Creek, a distance of 127.14 feet; 4 Thence South 12'52'13"East on the centerline of Dry Creek, a distance of 115.82 feet; Thence South 11°37'07"East on the centerline of Dry Creek, a distance of 144.21 feet; Thence South 04°29'24"East on the centerline of Dry Creek, a distance of 90.73 feet; Thence South 05°30'33"East on the centerline of Dry Creek, a distance of 140.25 feet; Thence South 08°46'47"East on the centerline of Dry Creek, a distance of 145.30 feet; Thence South 14'07'13"East on the centerline of Dry Creek, a distance of 99.03 feet; Thence South 19°24'04"East on the centerline of Dry Creek, a distance of 159.13 feet; Thence South 14'12'44"East on the centerline of Dry Creek, a distance of 82.06 feet; Thence South 07'45'11" East on the centerline of Dry Creek, a distance of 56.70 feet to the South line of said Northwest Quarter; Thence North 89°59'23" West on said South line, a distance of 2185.38 feet to the East Railroad Right-of-Way line; Thence North 00°20'00" West on the East Railroad Right-of-Way line, a distance of 2586.58 feet to the POINT OF BEGINNING. Said tract contains 4,732,112.18 square feet(108.634 acres)more or less. Parcel 7 (LOCATED OUTSIDE THE CITY LIMITS, BUT DIRECTLY ADJACENT TO THE CITY BOUNDARY) A tract of land located in the Southwest Quarter of Section 35, Township 14 South, Range 3 West of the 6"' Principal Meridian, Saline County, Kansas, more particularly described as follows: Commencing at the Southwest Corner of said Southwest Quarter; Thence on an assumed bearing of South 89°50'27"East,a distance of 133.10 feet; Thence North 00°20'00" West, a distance of 2647.37 feet to the intersection of the East Railroad Right-of Way line and the North line of said Southwest Quarter; Thence South 89°59'23" East on said North line, a distance of 2185.38 feet to the centerline of Dry Creek and the POINT OF BEGINNING; Thence South 89°59'23" East on said North line, a distance of 336.87 feet to the Northeast corner of said Southwest Quarter; Thence South 00°05'01" East on the East line of said Southwest Quarter, a distance of 1267.92 feet to a point on a line that is 59.00 feet North of the South line of the North Half of said Southwest Quarter; Thence North 89°54'56" West on a line that is 59.00 feet North of said South line, a distance of 505.20 feet to the centerline of Dry Creek; Thence North 45'29'12"East on the centerline of Dry Creek, a distance of 19.48 feet; Thence North 16'52'13"East on the centerline of Dry Creek, a distance of 58.65 feet; Thence North 20'49'15"East on the centerline of Dry Creek, a distance of 66.70 feet; Thence North 01°28'45"West on the centerline of Dry Creek,a distance of 85.97 feet; Thence North 09°51'52"West on the centerline of Dry Creek,a distance of 138.24 feet; Thence North 07°07'28"West on-the centerline of Dry Creek,a distance of 208.97 feet; Thence North 14°11'36"West on the centerline of Dry Creek, a distance of 133.01 feet; Thence North 03'27'16"West on the centerline of Dry Creek, a distance of 61.41 feet; Thence North 16°07'53"East on the centerline of Dry Creek, a distance of 66.66 feet; Thence North 38°43'53"East on the centerline of Dry Creek, a distance of 100.64 feet; Thence North 28'05'19"East on the centerline of Dry Creek, a distance of 99.20 feet; Thence North 32°31'29"East on the centerline of Dry Creek, a distance of 125.25 feet; Thence North 16°16'22"East on the centerline of Dry Creek, a distance of 87.32 feet; Thence North 07°42'42"West on the centerline of Dry Creek, a distance of 55.15 feet; Thence North 17°02'33"West on the centerline of Dry Creek, a distance of 42.95 feet; Thence North 07'45'11" West on the centerline of Dry Creek, a distance of 0.18 feet to the POINT OF BEGINNING. Said tract contains 574,225.86 square feet(13.182 acres)more or less. Parcel 8 (LOCATED OUTSIDE THE CITY LIMITS, BUT DIRECTLY ADJACENT TO THE CITY BOUNDARY) A tract of land located in the Southwest Quarter of Section 35, Township 14 South, Range 3 West of the 6"' Principal Meridian, Saline County, Kansas, more particularly described as follows: Beginning at the Northwest corner of the Wheatridge Addition to Salina Kansas, Saline County,Kansas; Thence on an assumed bearing of North 00°20'00" West on the East Railroad Right-of- Way line, a distance of 1019.03 feet to the North line of said Southwest Quarter; Thence South 89°59'23" East on said north line, a distance of 2185.38 feet to the centerline of Dry Creek; Thence South 01'45'11"East on the centerline of Dry Creek, a distance of 0.18 feet; 5 Thence South 17°02'33"East on the centerline of Dry Creek, a distance of 42.95 feet; Thence South 07°42'42"East on the centerline of Dry Creek, a distance of 55.15 feet; Thence South 16°16'22"West on the centerline of Dry Creek, a distance of 87.32 feet; Thence South 32°31'29"West on the centerline of Dry Creek, a distance of 125.25 feet; Thence South 28'05'19"West on the centerline of Dry Creek, a distance of 99.20 feet; Thence South 38°43'53"West on the centerline of Dry Creek, a distance of 100.64 feet; Thence South 16°07'53"West on the centerline of Dry Creek, a distance of 66.66 feet; Thence South 03'27'16"East on the centerline of Dry Creek, a distance of 61.41 feet; Thence South 14°11'36"East on the centerline of Dry Creek, a distance of 133.01 feet; Thence South 07°07'28"East on the centerline of Dry Creek, a distance of 208.97 feet; Thence South 09°51'52"East on the centerline of Dry Creek, a distance of 138.24 feet; Thence South 01°28'45"East on the centerline of Dry Creek, a distance of 85.97 feet; Thence South 20'49'15"West on the centerline of Dry Creek, a distance of 66.70 feet; Thence South 16°52'13"West on the centerline of Dry Creek, a distance of 58.65 feet; Thence South 45'29'12"West on the centerline of Dry Creek, a distance of 19.48 feet to a line 59.00 feet North of the South line of the North Half of said Southwest Quarter; Thence North 89°54'56"West parallel to said South line, a distance of 393.30 feet to the East line of said Wheatridge Addition; Thence North 00°23'36"West on the East line of said Wheatridge Addition, a distance of 243.96 feet to the North line of said Wheatridge Addition; Thence North 89°51'19" West on the North line of said Wheatridge Addition, a distance of 1618.00 feet to the POINT OF BEGINNING. Said tract contains 2,220,091.93 square feet(50.966 acres)more or less. Parcel 9 (LOCATED OUTSIDE THE CITY LIMITS, BUT DIRECTLY ADJACENT TO THE CITY BOUNDARY) That part of the North Half(N %2) of the Southeast Quarter(SE '/4) of Section Thirty-five (35), Township Fourteen (14) South, Range Three (3) West of the 6"'P.M., lying West of 1-35 Highway, less a 1.85 acre tract described as follows: Beginning at the Southwest corner of said N '/2 of the SE '/4; thence Northerly along the West line of said N '/2 of the SE '/4 to a point 1379 feet North of the Southwest corner of the SE '/4 of Section 35; thence Easterly parallel to the South line of said SE '/4 to a point on the westerly right-of- way line I-35 (now I-135) Highway, said point being 1267.26 feet West of the East line of said SE '/4, thence with an angle of 90°02'45"to the right along said right-of-way line to the South line of said N '/2 of the SE '/4; thence Westerly along said South line of said N '/2 of the SE '/4 to the point of beginning; The South Twenty (20) feet of the Northeast Quarter(NE '/4) of Section Thirty-five (35), Township Fourteen (14) South, Range Three (3) West of the 6"' P.M., Saline County, Kansas,lying west of the right-of-way of Interstate I-135. The above described land contains 1,780,310.41 square feet or 40.870 acres,more or less. The total benefit fees to be charged to all property within the K.S.A. 12-6a19 Area shall equal approximately 85.3% of the total cost of the Water System Improvements; approximately 29.1% of the total cost of the Street Improvements; approximately 79.1% of the total cost of the Sanitary Sewer Improvement. The total benefit fees shall be charged to each Parcel and unplatted tract of land within the K.S.A. 12-6a19 Area equally per acre. Pursuant to K.S.A. 12-6al9, the benefit fee shall be assessed against the K.S.A. 12-6a19 Area at the time the owners of property within the K.S.A. 12-6a19 Area request, by petition, to be served by the Water System Improvements and/or the Sanitary Sewer Improvements, or at such time as the owners request, by petition to connect to the Street Improvements (including, but not limited to, a request to make a driveway cut onto the Street Improvements). The benefit fee shall be assessed only against that portion of the K.S.A. 12-6a19 Area that is described in such petition requesting service. The benefit fee shall be due and payable at the time the property begins being served by the Improvement, and shall be subject to the same interest rate as assessments against the property originally included in the Improvement District. If the benefit fee is charged after the bonds issued by the City to pay the costs of the Improvements have been repaid, then the benefit fee shall be paid in one lump sum. If the benefit fee is charged while the bonds issued by the City to pay the costs of the Improvements are still outstanding, then a portion of the benefit fee shall be paid in one lump sum(equal to that portion of the bonds that have been repaid) and the remainder of the benefit fee shall be paid in equal annual installments 6 (equal to that portion of the bonds that are still outstanding). 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). 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. 7 The petitioners certify, under oath, that they have no financial interest in any property with delinquent special assessment anywhere within the city of Salina. Magnolia Development Partners,L.L.C. Robert J Eckholt Chief Executive Manager LEGAL DESCRIPTION OF PROPERTY OWNED WITHIN THE PROPOSED IMPROVEMENT DISTRICT: Lots 1 through 4, Block 1, all in the Magnolia Commons Addition, in the City of Salina, Saline County Kansas. 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 A t day of f�f W ,2010. Notary Public My appointment expires: NOTARY PUBLIC-State of Kansas a-a3-l3 Melissa L. Rose My Appt.Expires .Z'RS•� g Premier Properties,L.L.C. Darrell Hills Member Manager LEGAL DESCRIPTION OF PROPERTY OWNED WITHIN THE PROPOSED IMPROVEMENT DISTRICT: Lots 1, Block 1, in the Premier Addition, in the City of Salina, Saline County Kansas. 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��QJ ,2010. SHARON SACKRIDER SS __ SIM Notary Public-State of Kansas A/ugn 5&j4;&t�k M Appt. Expires //-/'/-/Zi Notary Public My appointment expires: 3 A a a 9