Private Water Line License Agreement
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LICENSE AGREEMENT
This License Agreement made this~ 1 ~ day of October, 2008, by and between the CITY OF
SALINA, KANSAS, a municipal corporation (the "City") and KAREN PRATT, Trustee under the Karen
Pratt Family Trust dated December 14, 2005 (the "Licensee").
RECITALS
A. The Licensee owns the real estate in the City of salina, Saline County, Kansas, legally
described in the attached and incorporated Exhibit A, upon which they own a dwelling addressed as 140
North 13th Street.
B. The Licensee's North 13th Street property is currently served by a private water service
line that crosses private property without an easement. This line is failing and Licensee is unable to obtain
access to repair it.
C. The Licensee has fufonned the City of her desire to install a private water service line
within the public right-of-way of North 13th Street for the purpose of connecting Licensee's property with
the City's public water distribution system in State Street.
D. The City has determined that the granting of a license to the Licensee to install the private
water service line within the public right-of-way as depicted on the attached and incorporated Exhibit B
should not interfere with use of the public right-of-way by the City or its franchisees.
E. ' The City has determined that the public interest and the interest of the City's public water
utility would be served by granting a license to the Licensees to install the private water service line
within the North 13th Street public right-of-way, subject to the terms and conditions outlined below.
THE PARTIES THEREFORE AGREE:
1. Grant. The City hereby grants a license (the "License'') to the Licensee and her contractor
to inst311 and maintain a private water service line (the "Line") in the North 13thth Street right-of-way as
depicted on Exhibit B (the ''Right-of-Way''), for the limited purpose of connecting Licensee's residence
with the City's public water distribution system in State Street. The Line is not for the provision of any
water service under any arrangement with any person or I entity other than the Licensee, her heirs and
authorized assigns. t
2. Use ofRight-of-Wav. In the use of the Right-of-Way under this Licensee Agreement, the
Licensee shall be subject to all rules, regulations, policies, resolutions, and ordinances now or hereafter
adopted or promulgated by the City and shall be subject to all applicable laws, orders, rules, and
regulations adopted by governmental bodies now or hereafter having jurisdiction. In addition, the
Licensee and her contractor shall be subject to all rules, regulations, policies, resolutions, and ordinances
now or hereafter adopted or promulgated by the City relating to permits and fees, sidewalk and pavement
cuts, utility location, construction coordination, beautific@oI1 ~d o1h~ r~uir~ents on the use of the
public right-of-way and shall comply with the following' ......-;'~..,C; R;B~~~~-SEEI1AN ---. - - .
t ~-<!..~,......e'~.~,EGI5TER OF DEEDS SALINE COUNTY KANSAS
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Date Recorded: 11/6/2008 3:51:11 PM
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a. The Licensee's use of the Right-of-~ay shall in all matters be subordinate to the
City's use of the Right-of-Way for any public purpose. The Licensee and her contractor shall
coordinate the placement of the Line in a manner which minimizes adverse impact on public
improvements, as reasonably detennined by the City. Where placement is not otherwise
regulated, the Line shall be placed with adequate clearance from such public improvements so as
not to impact or be impacted by such public improvement.
b. All earth, materials, sidewalks, driveway approaches, paving, crossings, utilities,
public improvements, or improvements of any kind injured or removed by the Licensee or her
contractor in their activities under this License Agreement shall be fully repaired or replaced
promptly by the Licensee or her contractor at their expense and to the reasonable satisfaction of
the City or owner thereof.
c. All of the materials, plans, and installation of the Line shall be approved by or as
directed by the Utilities Director in accordance with the 2003 Uniform Plumbing Code and any
other approved specifications.
d. City shall keep and maintain accurate records and as-built drawings depicting
accurate horizontal and vertical location of the Line as constructed or reconstructed in the Right-
of-Way after the date hereof. All points of the Line shall be horizontally located from street
centerline, or section or quarter section lines or comers. Vertical locations or all points of
facilities shall consist of elevations in either City datum or United States Geological Survey
datum.
e. In consideration for-the interests of the City's public water utility served by this
License Agreement the City shall relocate or adjust the Line located in the Right-of-Way for any
project planned or undertaken by the City or any governmental entity for construction,
reconstruction, maintenance, or repair of public facilities or public improvements, or any other
purpose of a public nature. Such relocation or adjustment shall be performed by the City at its
sole expense without expense to the Licensee.
f. The Licensee or her contractor shall notify the City not less than three (3) working
days in advance of any excavation, construction, reconstruction, repair, or relocation of the Line
which would require any street closure which reduces traffic flow to less than two (2) lanes of
moving traffic. The - City shall follow its policies in the grant or denial of such street closure,
w~ch shall not be unreasonably delayed or withheld. In addition, all work performed in the
traveled way or which in any way impacts vehicular or pedestrian traffic shall be properly signed,
barricaded, and otherwise protected at City expense. Such signing shall be in conformance with
the latest edition of the Federal Highway Administration's Standards and Guideline for Work
Zone Traffic Control.
g. All technical standards governing construction, reconstruction, installation,
operation, testing, lise, maintenance, and dismantling of the Line in the Right-of-Way shall be in
accordance with applicable present and future federal, state, and City law and regulation,
including but not limited to the most recent editions of the Uniform Plumbing Code, National
Electrical Code, the National Electrical Safety Code and the Fiber Optic Line Installation Standard
of the Telecommunications Industry Committee, or such substantive. equivalents as may hereafter
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be adopted or promulgated. It is understood that the standards established in this paragraph are
minimum standards and the requirements established or referenced in this ordinance may be
additional to or stricter than such minimum standards.
3. Title. By granting this license the City does not warrant title to or the right to possess and
occupy the Right-of-Way. In the event that it is determined that the City is not entitled to possess and
utilize the Right-of-Way, this License Agreement shall terminate and the Licensee shall quit and
surrender their use of the Line in the Right-of-Way in compliance with this License Agreement.
4. Corps of Engineer Approvals. Any permission granted pursuant to this License
Agreement to install the Line shall be subject to and conditional upon approval by the Corps of Engineers
where applicable.
5. Breach of License Agreement. In the event that the Licensee uses the Line for any purpose
other than that specifically authorized under this License Agreement, all rights granted hereunder to the
Licensee shall immediately cease as if never granted and the Licensee shall immediately quit and
surrender its use of the Line in the Right-of-Way. In the event that the Licensee or her contractor shall fail
to comply with any other substantial term, condition or covenant of this License Agreement within ten
(10) days after written notice to do so has been mailed to them by the City, or in the event the Licensee
abandons their authorized use of the Right-of-Way, any such event shall be deemed an immediate breaCh
and forfeiture of the License Agreement which shall then terminate. Upon such termination of this
license, the Licensee shall quit and surrender their use of the Line in the Right-of-Way in compliance with
the terms of this License Agreement.
6. Term. The License shall commence upon execution of this License Agreement and shall
continue until the earlier of:
a. The Licensee's discontinuation of its authorized use of the Right-of-Way;
b. Notification of the Licensee by the City that the public interest is best served by the use of
the Right-of-Way in a manner in conflict with the License, and that the License shall
terminate no less than 90 days following such notice; or
c. Termination of the License pursuant to paragraph 7 above.
7. Removal of Lines. Upon termination of this License Agreement, the Licensee shall have
the right to.remove the Line within a reasonable time, not to exceed one hundred twenty (120) days. In
the event the Licensee choose to exercise the right to remove the Line, she or her contractor shall within
the permitted time period restore the Right-of-Way from which the Line is removed to as good 'a
condition as existed prior to the removal. In the event the Licensee or her contractor should exercise its
right to remove the Line but fail to properly restore the Right-of-Way, the City shall have the right to
cause the Right-of-Way to be restored and to charge any reasonable costs associated therewith to the
Licensee.
8. Notices. Any notice to either party hereunder shall be sufficient if mailed by United States
mail, postage prepaid, at the following addresses:
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City of Salina, Kansas
c/o City Clerk
P.O. Box 736
Salina, KS 67402-0736
Karen Pratt
2608 Carolina Drive
Salina, KS 67401
9. Invalidity in Part. If any clause, sentence, or paragraph of this License Agreement shall be
held to be invalid, it shall not affect the validity of the remaining provisions of this License Agreement.
10. Binding: Effect. This License Agreement shall be binding upon the parties, their heirs and
assigns, and shall be binding upon and run with the Land described in Exhibit A.
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EXECUTED the day and year first above stated.
CITY OF SALINA, KANSAS
By. JOhn'i{v&~"f-
ATTEST:
By:
en Pratt, Trustee under the Karen Pratt
Family Trust dated December 14,2005
STATE OF KANSAS COUNTY OF SALINE, SS:
On this 3(f)..,day of November, 2008, before me a Notary Public in and for said state, personally
appeared John K. Vanier, II, Mayor of the City of Salina, Kansas and Lieu Ann Elsey, CMC, City Clerk
for the City of Salina, Kansas, known to me to be the persons who executed the within License
Agreement and acknowledged to me that they executed the same for the purposes therein stated on behalf
of the City of Salina, Kansas.
~NOTARY PUBLIC - State of Kansas
Melissa L. Rose
My Appt. Expires ~. P'3~()"J
~C/~
Notary Public
STATE OF KANSAS COUNTY OF SALINE, SS:
On this 31st day of October, 2008, before me a Notary Public in and for said state, personally
appeared Karen Pratt, Trustee under the Karen Pratt Family Trust dated December 14, 2005, known to me .
to be the person who executed the within License Agreement and acknowledged to me that they executed
the same for the purposes therein stated on behalf of the Trust.
.OTAR.'j PUBLIC. State of Kansas
Melissa L. Rose
My Appt. eXPiresc2.~3-o'
#1L/~
Notary Public
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EXHIBIT A
The property subject to this License Agreement is legally described as follows:
The North Seventy (70) feet of Lots Eleven (11) and Twelve (12), on State Street,
University Addition to the City of Salina, Saline County, Kansas, commonly known as
140 N. 13th Street, Salina, Kansas,
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1 Inch equals 50 feet
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1" Private
Service Line
Proposed
Meter
Location
100
· Feet
140 N. 13th
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