Sanitary Sewer Connection Agreement & Consent to Future AnnexationREBECCA SEEMAN
`°°PEGISTER OF DEEDS SALINE COUNTY KANSAS
Book: 1303 Page: 979-980
f ua
E Receipt 11 105909 Recording Fee: $60.00
^ ^ 4 e ^s Pages Recorded: 7 C li-Q-,K;:
Dat a Recorded: 10/9/2015 8:19:27 AM
Grantor
Grantee
Type of Document Aqreement
Recordinq Fees
$60.00
Mtg Reg Tax
$0.00
Total Amount
$60.00
Return Address
CITY OF SALINA
ROOM 206
MIKI
Book: a 03 Page: 975
SANITARY SEWER CONNECTION AGREEMENT
AND
CONSENT TO FUTURE ANNEXATION
This Sanitary Sewer Connection Agreement and Consent to Future Annexation ("Agreement") is
made and entered into this Z-Vt%n day of August, 2015, by and between the City of Salina, Kansas ("City"),
and The Kansas -Nebraska Convention of Southern Baptists, Inc., a Kansas not for profit corporation
("Owner").
Recitals
A. The City operates a municipal sanitary sewer system as a public utility;
B. Owner is the owner of a 17.03 acre tract of real estate located in unincorporated Saline
County, Kansas, legally described in the attached and incorporated Exhibit A ("Real Estate"), which is a
tract within the larger tract commonly known as the Webster Conference Center at 2601 North Ohio
Street.
C. Owner desires to obtain sanitary sewer service from the City, for the purpose of serving the
campground and conference center improvements located on the Real Estate because of health and public
safety concerns resulting from a failed septic system that cannot be repaired because it is in a riverine
floodway; and
D. The City has agreed to furnish sanitary sewer service to the Real Estate, subject to the
terms and conditions of this Agreement, including but not limited to Owner's written consent to the City's
future annexation of the Real Estate to the City of Salina.
NOW THEREFORE, for and in consideration of the foregoing, the mutual covenants and
promises hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties, intending to be legally bound, hereby agrees as follows:
I. Extension of Sanitary Sewer Service. The City agrees to allow Owner to connect the Real
Estate to the City's sanitary sewer collection system and to provide the Real Estate with sanitary sewer
service. Owner agrees to abide by all requirements of City ordinances relating to connection of the Real
Estate to the City's sanitary sewer collection system and discharging sanitary sewer effluent into the
City's collection system, including obtaining all permits, in the same manner as if the Real Estate were
located within the corporate boundaries of the City, except as otherwise specified in the City ordinances
or this Agreement. Owner further agrees and consents that the City has jurisdiction over Owner, and its
successors and assigns, regarding the enforcement of any City ordinances related to the sewer collection
system serving the Real Estate, including all related facilities from the Real Estate to the point of
connection to the City's sanitary sewer collection system.
2. Purpose; Sanitary Sewer Service Only. The sanitary sewer service authorized by this
Agreement shall be used only for the purpose of serving the campground and conference center
improvements located on the Real Estate. In addition, the Real Estate is not currently connected to the
City's water distribution system. This Agreement authorizes the provision of sanitary sewer service only,
and Owner acknowledges and agrees that it must obtain a separate agreement from the City, or an
Page 1 of 4
Book; 1303 Page: 976
amendment to this Agreement, to address the provision of water service to the Real Estate and the related
fees and charges payable by Owner for such connection.
3. Installation and Ownership of Sanitary Sewer Lines. Owner shall be solely responsible for
the construction, operation, and maintenance of all sanitary sewer lines required to serve the Real Estate,
and the cost thereof. Owner shall own all sanitary sewer lines and related facilities installed by Owner,
unless the line is designed and installed to City standards, located in the easement or right-of-way and
accepted for maintenance by the City.
4. Sanitary Sewer Meter. The Owner agrees to provide a sewer metering method that is
approved by the City and located at the Owner's private lift station. Owner agrees to post a cash deposit
with the City in the amount of $150.00. In the event the Real Estate served by this Agreement is annexed
into the corporate limits of the City within two (2) years following the date of this Agreement, the deposit
shall be refunded to Owner. Owner agrees to pay all expenses connected with the installation and
maintenance of the metering method.
5. Sanitary Sewer Connection Fees and Tap Charges. Owner agrees to pay the City a
sanitary sewer connection fee equal to $31.05 per front foot of property served. The parties acknowledge
and agree that the front footage of the Real Estate equals 422.59 feet. Accordingly, the total sanitary
sewer connection fee shall be $13,121.42. Owner shall additionally be responsible for all plumbing costs
and excavation and backfilling costs associated with making the connection. The forgoing fees and
charges shall be paid to the City prior to making the connection.
6. Sanitary Sewer Bills. Owner agrees to timely pay all billings and collections for sanitary
sewer services, as required pursuant to City ordinances now in effect or as hereinafter amended.
7. Right of Inspection. Owner grants the City and its duly authorized employees or agents
the right to inspect the Real Estate, or any portion thereof, at all reasonable times to determine compliance
with this Agreement and any applicable laws or ordinances pertaining to sanitary sewer services.
8. Subsequent Applications. A new application for sanitary sewer service must be made for
any change in ownership of the Real Estate, or in the nature or purpose of sanitary sewer service as
described in this Agreement, and the City shall have the right to discontinue the sanitary sewer service
until new application is made and approved.
9. Default, Remedies. In the event of a default by Owner under the terms of this Agreement,
and in addition to any other actions or remedies allowed by applicable City ordinances, the City shall have
the right to terminate the sanitary sewer connection or to shut off sewer service to the Real Estate until the
default is cured.
10. Hold Harmless. Owner shall hold the City harmless for any expenses, cost, claims,
injuries or damages arising out of the construction, maintenance and use of the sanitary sewer service
provided to Owner, except for expenses, cost, claims, injuries or damages which are caused by the
negligence of an employee or agent of the City.
11. Consent to Annexation. Owner consents to, and covenants that it will not oppose or
protest, the annexation of the Real Estate, or any part thereof, to the City of Salina, at any time after the
Page 2 of 4
Book: 13031 Page: 977
Real Estate, or any part thereof, adjoins the City limits or adjoins another tract that is being annexed into
the City in the same action. Owner acknowledges and agrees that this Agreement shall be deemed a
"consent to annexation" pursuant to K.S.A. 12-520(a)(7) and K.S.A. 12-534.
12. Assignment of License. The Owner shall not assign this Agreement or any interest therein
without the prior written consent of the City.
13. Binding Covenant Running with the Land. This Agreement, including the consent to
annexation provisions, shall run with the land and shall be binding upon all parties now having or
hereafter acquiring any right, title, or interest in the Real Estate or any part thereof. A copy of this
Agreement shall be recorded and indexed to the Real Estate in the records of the Saline County Register
of Deeds.
14. No Waiver. No failure or delay by a party hereto to insist on the strict performance of any
term of this Agreement, or to exercise any right or remedy consequent to a breach thereof, shall constitute a
waiver of any breach or any subsequent breach of such term. No waiver of any breach hereunder shall affect
or alter the remaining terms of this Agreement, but each and every term of this Agreement shall continue in
full force and effect with respect to any other then existing or subsequent breach thereof.
15. Severability. The unenforceability, invalidity, or illegality of any provision of this
Agreement shall not render the other provisions unenforceable, invalid, or illegal.
16. Authority and Consent to Transaction. Each party represents to the other that the person
executing this Agreement has full and legal authority to bind such party to the terms of this Agreement,
and that the execution and delivery of this Agreement have been duly and validly authorized by each
party.
17. Persons Bound. This Agreement shall extend to and bind the heirs, executors, administrators,
trustees, successors and authorized assigns of the parties hereto.
18. Amendments. Neither this Agreement nor any of its terms may be changed or modified,
waived, or terminated except by an instrument in writing signed by an authorized representative of the party
against whom the enforcement of the change, waiver, or termination is sought. Any such amendment may be
recorded and indexed to the Real Estate in the records of the Saline County Register of Deeds.
{Signature page follows}
Page 3 of 4
Book. 13W 'age: 978
IN WII N I.;S lll"�REOF, the parties _ have caused this Agreement to be signed by their duty
authorized representatives on the day and year first above written.
CITY OFSALINAt KANSAS
r vw&7� r
\.fi�R!BIMRhard, Mayor
ATTEST:
f
By. a"UAW
Shandi Wicks, CMC. City Clerk
THE KANSAS -NEI I AS A CONVENTION
OFSOUTHE BAPTISTS, INC.
By:
Andy Addi s
STATE OF KANSAS, COUNTY" OF SALINE, SS:
This instrument was acknowledged before me on At9t , 2015, by Jon R. Blanchard, Mayor`
of the City of Salim, Kansas, and Shandi Wicks. CMC, Cite Cl rk' for the City of Salina, Kansas,.
CYNTHIA S. MLFF;
MW Notary Publiicr- Stat of Kansas Notary P lie
My Appt.<Expires r b'
STATE OF KANSAS. COUNTY OF SS
This instrument was subscribed. sworn to, and acknowledged before me on August 2015
by Andy Addis, President of The Kansas -Nebraska Convention of Southern Baptists, Inc.
SHIVAWN A. GARtA
Nc�taryPubi - State of Kansas.__
My Aopt Expires I Notary Public
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EXHIBIT Nook: 1303 Gage= 979
ANNEXATION DESCRIPTION
A tract of land in the Southeast Quarter of Section 25, Township 13 South, Range 3 West, of the
6th Principal Meridian, Saline County, Kansas, being more particularly described as follows:
COMMENCING at the Southeast corner of said Southeast quarter;
THENCE along the South line of said Southeast Quarter on an assumed bearing of N 89047'56"
W, for a distance of 685.56 feet to the POINT OF BEGINNING;
THENCE continuing along said South line N 89047'56" W for a distance of 686.34 feet;
THENCE departing said South line, N 00012'04" E for a distance of 425.18 feet;
THENCE N 31040'13" W for a distance of 1032.98 feet;
THENCE N 58019'47" E for a distance of 422.59 feet;
THENCE S 31040'13" E for a distance of 1231.67 feet;
THENCE S 24041'32" E for a distance of 528.70 feet to the South line of said Southeast Quarter
and the POINT OF BEGINNING, said tract containing 17.03 acres, more or less.
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EXHIBIT ABook: 'age: 980
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