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Water and Sanitary Sewer Connection Agreement i: "",: -~ r~ I ,."'''''" REBECCA SEEMAN , /,:~.~.....~.e.e.>fEGISTER OF DEEDS SALINE COUNTY KANSAS i fl(;t"H~,\~., Book: 1165 Page: 975 II>." i,l ',\;,....? HO~../.) Receipt -: "16381 N Recording Fe.: ..28.00 I, ,,"""'''''''~...t> PElg" R.corded: 6 r. ~ .ti~ \\".,,~.~~""'" V Date Recorded: 1/1612008 8:'\0:28 AM "' T- WATER AND SANITARY SEWER CONNECTION AGREEMENT (OUTSIDE CITY LIMITS) AND CONSENT TO FUTURE ANNEXA nON This agreement made this JL day of December, 2007, by and between the City of Salina, Kansas, hereinafter referred to as the "City" and Freida J. Mai, hereinafter referred to as "Owner". WITNESSETH: WHEREAS, the City operates a municipal water works and sewage treatment system as a public utility; WHEREAS, the Owner is the owner of real estate located in Section], Township 15 South, Range 3 West, West of the 6th PM, Saline County, Kansas, more particularly described as follows: . ' Lot One (I), Block Two (2), Replat of Lots One (I), Thirteen (13), Twenty-one (21) and Twenty-two (22) of Block One (I), South Industrial Area, Saline County, Kansas. WHEREAS, Owner has not previously been a customer of the City's municipal water works and sewage treatment system; and WHEREAS, to provide city water and sanitary sewer service for the industrial use being made of the above described property, the parties hereby enter into this water and sanitary sewer connection agreement. NOW THEREFORE, for and in consideration of the mutual promises and the performances thereof by the parties hereto it is agreed as follows: The City agrees to furnish water service and sanitary sewer service to the following described property, to wit: Lot One (I), Block Two (2), Replat of Lots One (I), Thirteen (13), Twenty-one (2]) and Twenty-two (22) of Block One (I), South Industrial Area, Saline County, Kansas. , 'Um;ler the following terms and conditions, to wit: Book~ llb5'PaQe~ 97b I. That the Owner shall finance and maintain all water and sanitary sewer service lines required to serve the above described property and the Owner shall own all said water and sewer lines, etc. installed by Owner, unless the line is designed and installed to City standards, located in a public utility easement or right-of-way and accepted for maintenance by the City. , , 2. That the City agrees to provide the Owner with the necessary water meter. The Owner agrees to post a cash deposit with the City, which shall be equal to the City's cost for the meter. The deposit shall be refunded to the Owner upon return of the meter to the City in proper operating condition; however, that in the event the property served by this Agreement is annexed into the corporate limits of the City within two (2) years following the date of this Agreement said deposit shall be refunded to the Owner. 3. That the Owner agrees to pay all expenses connected with the installation of said meter. The meter shall be installed at a location to be designated by the City and in accordance with the specifications and requirements of all existing City ordinances or policies. 4. That the Owner shall be responsible for maintenance and care of the water meter as provided in the City ordinances. 5. That the Owner grants the City and it's duly authorized employees or agents the right to inspect their premises at all reasonable times to determine compliance with this agreement and the City ordinances now in effect or hereinafter amended pertaining to water and sanitary sewer service. 6. That the water and sanitary service authorized by this agreement shall be used only for the purpose of serving industrial uses within the area designated on Exhibit "A". 7. That the City reserves the right to curtail or terminate water or sanitary sewer service in the event of unforeseen emergency or disaster. The City assumes no responsibility for damage resulting from variance in water pressure or volume. 8. That a new application for water and sanitary sewer service must be made for any change in tenancy of the above described property or in the service as described in this agreement, and the City shall have the right to discontinue the water supply until new application is made and approved. 9. That the Owner shall not connect the City water supply with their own water supply or to any other system which would permit water from any other source to be co-mingled with the City water supply. 10. That the Owner agrees to furnish and pay all expenses connected with the installation of backflow preventer(s) which shall be installed at locations to be designated by the City and in accordance with the specifications and requirements of the Director of Utilities. II. All billings and collections for water and sanitary sewer service shall be pursuant to City ordinances now in effect or as hereinafter amended. 2 ~OO": llb~ ~aQe: ~(( ~ -.". 12. That the Owner agrees to pay the City a water connection fee of $8.44 per front foot of property served. This platted lot has 830 ft. of frontage along Avenue C. Therefore, the total water connection fee is $7,005.20. This fee does not include tapping charges or other plumbing costs. Owner shall be responsible for payment of a tap fee based on the size of the main tap and shall be responsible for all excavation and backfilling costs associated with making the tap. 13. That the Owner agrees to pay the City a sanitary sewer connection fee of$100.00 per acre or a minimum of $1 ,000.00. Property described above contains 14.00 acres, more or less. Therefore, total sanitary sewer connection fee is $1,400.00. 14. That the Owner agrees to pay the City back payments for sanitary sewer service in the amount of$4,485.00 for the period of 1980 through 2007. 15. That in consideration of the City's delivery of water and sanitary sewer service to the property designated on Exhibit "A", the Owner hereby covenants that they shall consent to annexation of this property into the City at such time in the future that any part of this property adjoins the City and the City Commission determines it to be in the best interest of the City to annex said property. This covenant shall be binding upon and run with the property described in Exhibit "A", 16. That the Owner shall hold the City hamlless for any expenses, cost claims injuries or damages arising out of the construction, maintenance and use of the water and sanitary sewer service herein requested to be provided to said owners, except for expenses, cost claims, injuries or damages which are caused by the negligence of an employee or agent of the City. 3 . Th'. h lIb b' d' d d d h h' Book~ .11E,5 P"'['\e~ 978 . .r-ii agreement s a e m mg upon an exten e to t e eHS, executors, aamlmstrators, trusleles, successors and assigns of the respective parties hereto. THE CITY OF SALINA, KANSAS OWNER: By: rn~ C-l. ?J- Martha Tasker, Director of Utilities STATE OF KANSAS, COUNTY OF SALINE, SS: On this 13~ day of .DNemtlf ,2007 before me a Notary Public in and for said state, personally appeared Martha Tasker, Director of Utilities for the City of Salina, Kansas, known to be the person who executed on behalf of the City of Salina, Kansas, the within Water and Sanitary Sewer Connection Agreement and Consent to Future Annexation and acknowledged to me that she executed the same for the purpose therein stated. ~NOTARY PUBLIC. State of Kansas Melissa L. Rose My Appt. Expires ;;1-;;13-01 -Il1Lclll- Notary Public My appointment expires: bJ.;;l3-o? STATE OF KANSAS, COUNTY OF SALINE, SS: On this /2 <fJ-.-day of ~, 2007 before me a Notary Public in and for said state, personally appeared Freida J. Mai, personally known to me to be the same person who executed the within Water and Sanitary Sewer Connection Agreement and Consent to Future Annexation and acknowledged to me that she executed the same for the purposes therein stated. JODI D. KRIESCH aL NOTARY PUBLIC STATIi OF KANIASI IInl MyA..t..... q-I'l'(),] It! <iO ~J~/._ Nota PublIc My appointment expires: 1-11'.0'] CONTRACT NO. TAP NO. Final plumbing inspection, completed and approved on City Inspector City of Salina 4 Book: 1165 Page: 979 , ~:. WATER AND SANITARY SEWER CONNECTION AGREEMENT (OUTSIDE CITY LIMITS) AND CONSENT TO FUTURE ANNEXATION EXHIBIT "A" Legal Description Lot One (I), Block Two (2), Replat of Lots One (I), Thirteen (13), Twenty-one (21) and Twenty-two (22) of Block One (1), South Industrial Area, Saline County, Kansas ~OOK~ 11b;:) IJ _ PKM Steel Services Exhibit B Water & Sewer I Connection Agreement 1--- -1 I ---- ~ I . I ~-l . -~-{ ~--- , -, I - .., II I'.".'.".'.''''''.' . " ". / -I- I -_.~ I , I 1 . . . . ..... . . .!~'i .'.'.'.'.'..'.'.'.'.'.'l'.'.-.'.'j'.'.'.'.'.'.'.'.'.'..~'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'i'." III . r , . 1 . I I ~AVENUE::..__ II i I(j)/,' PS #36 I; ,,,,_,,_.< I I ,~ ..._ I ~ - ---------~ . . . i i i . i - Request Area I in i I I I - . 1 Inch = 400 'Feet t)Q 00 ' , 1 (j-V --- C) \-y C,\~,( \\. ) U OQ)I, lii'm :2D to . Hydrant - Public o Manhole ~ z w ~ w WATE WE ... III :z: ... ell I I I I r , , I , I 1111I1111....11 Private '" ~ - - - Force Main ..... .........