Attachment Agreement
PERMANENT BUILDING ATTACHMENT AGREEMENT
. , FOR ELECTRICAL SERVICE TO CITY TRAFFIC CONTROL DEVICES
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This Permanent Building Attachment Agreement ("Agreement") is made this 14th day of
June, 2007, by and retween AUDREY MAGANA'and SUE MAGANA, hus'rmi.d and wife:(the
"Building Owner") and the CITY OF SALINA, KANSAS (the "City").
Recitals
A. Building Owner owns the building addressed as 110 W, Walnut, Salina, Kansas (the
"Building") located upon real estate (the "Real Estate") legally described as follows:
East fifty (50) feet of Lot One Hundred Thirty Seven (137) on Seventh Street,
Original Town of Salina.
B. Attached to the north and east side ofthe Building is a Westar Energy, Inc. electrical
junction 'oox and conduit (the "Junction Box").
C.' The City has undertaken a project to' construct new traffic' control devices at the
intersection of Walnut Street and Santa Fe A venue (the "Traffic Control Device").
D. The elect~.<::alJ?<,J~er sourcefor the Traffic Cop.trol Devi~et> to be accessed from the
Junction Box,
E. The electrical line in conduit to provide service from the Junction Box to the Traffic
Control Device (the "Electrical Line") will run from the Junction Box, then down the side of the
Building. to a point on the surface of the adjoining public right-of-way, then underground in the
public right-of-way to the Traffic Control Device.
THE PARTIES therefore agree and covenant:
Section I. Authorization for Attachment Building Owner authorizes the City to attach the
Electrical Line to the Building as it runs from the Junction Box to the point on the surface of the
adjoining public right-of-way at which the Electrical Line begins to run underground to the Traffic
Control Device for so long as the Traffic Control Device or its replacement is serviced from the
Junction Box or its placement
Section 2. Installation and Removal. The City shall cause the Electrical Line to be
attached to the Building in a workmanlike manner. At such time as it becomes necessary for the
City to remove the Electrical Line from the Building, the City shall notifY the Building Owner of:
(a) the City's intention to remove the Electrical Line from the Building, (b) when the removal is
scheduled to occur, and (c) the manner in which the affected exterior wall of the Building is to be
reasonably restored by the City,
Section 3. Maintenance. The City shall be responsible for maintaining the Electrical Line.
Section 4. Third Partv Claims. The City shall defend any third-party damage claims
associated with the Electrical Line which may be presented against Building Owners by any
persons not a party to this Agreement and hold Building Owners harmless from any such damage
claims.
Section 5. Binding Effect and Covenants Rwming with the Land. This Agreement shall be
binding upon and inure to the benefit of the parties and their heirs, beneficiaries, personal
representatives, successors, and assigns. The agreements and covenants herein shall be binding
upon and shall run with the Real Estate.
IN WITNESS WHEREOF, the duly authorized officers and representatives of the parties
have signed this Agreement the day and year first above written.
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CITY OF SALINA, KANSAS
By: ~ ~~---
arlton Place, City Engineer
ATTEST:
By: ~r;jlll.A_
Lieu Ann Elsey, ~i;~
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STATE OF KANSAS, SALINE COUNTY, ss:
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BE IT REMEMBERED, that on this /111... day of~, 2007, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Audrey Magana and
Sue Magana, husband and wife, who are personally known to me to be the same persons who
executed the above and foregoing instrument of writing and duly acknowledged the execution of
the same.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my
official seal the day and year last above written. () ,
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Notary Public
My appointment expires:
1\. '!PAULA WALTERS
~ Notary Public. State of Kansas
My ApptCExpkes / - -.&Jil>
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this~day of'&~7, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Karlton Place, City
Engineer, and Lieu Ann Elsey, City Clerk, who are personally known to me to be the same
persons who executed the above and foregoing instrument of writing and duly acknowledged the
execution of the same on behalf of the City of Salina, Kansas. (\
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my
official seal the day and year last above written.
" KIM FISHER , '
&' ~,.," ,- " NOTARY..PU8UC,
'.. ..' STATE.O 'KANaA.:-
-:My"APPL-GXP/ -
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