Limited Access Agreement LIMITED ACCESS AGREEMENT
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This Limited Access Agreement is entered into this ISI day of August, 2017 among the
City of Salina, Kansas ("City") and Alsop Sand Co., Inc., a Kansas corporation, and Vanderstelt
Farms, LLC,a Kansas limited liability company(collectively, "Owners").
Recitals
A. Owners own the following described Saline County, Kansas real estate (the "Real
Estate):
Part of the North Half of the Northwest Quarter of Section Seven (7), Township Fifteen
(15) South, Range Two (2) West of the 6t' P.M., Saline County, Kansas, more
particularly described as follows:
Commencing at the Northwest corner of said Section; thence S88°47'26"E, 252.00 feet;
thence S00°15'00"W, 40.01 feet to the point of beginning; thence S88°47'26"E. 1338.52
feet; thence S00°34'00"E, 902.04 feet; thence N89°14'50"W, 10.00 feet; S00°45'19"W,
178.50 feet; S25°06'37"W, 133.37 feet; thence S76°00'42"W, 98.23 feet; thence
N88°23'35"W, 1380.68 feet; thence N07°25'00"W, 262.35 feet; thence N89°45'00"W,
25.00 feet; thence N00°15'00"E, 762.46 feet; thence S88°47'26"E, 252.00 feet; thence
N00°15'00"E, 197.00 feet back to the point of beginning; and
B. The City has reason to request limited access to the Real Estate for the purposes
specified below and to assure_weed control on the Real Estate during the term of this Agreement.
THE PARTIES covenant and agree:
1. Limited Access by City. Owners grant the City's employees and its contractors
limited access to the Real Estate from the date of this Agreement through December 31, 2017 for
the following purposes:
(a) Water Quality Sampling—this activity involves obtaining water quality data from
existing wells. In order to obtain representative samples, each well needs to be pumped
for some period of time, approximately 4 hours. During this pumping, water will be sent
to the old water treatment plant and allowed to overflow onto the plant site. It is likely
that this water will overflow from the old plant site onto the Real Estate. When the well
location allows, water will be allowed to flow directly onto the Real Estate. No water
will be allowed to overflow onto neighboring properties. The City expects to perform
this activity starting around July 31st.
(b) Hydrogeological Investigation — this activity will potentially include finding
locations for new water wells to be developed. This is performed by drilling an
approximately 6-inch diameter hole to a depth of approximately 60 feet, and observing
geological conditions. Drill cuttings (clay and sand) from the borings will be spread on
site next to the borehole. The total drill cuttings are typically less than one backhoe
bucket per boring and the borings will be plugged in accordance with KDHE
requirements. Water samples may also be collected from the test boring locations and
water generated in association with sample collection will be discharged near the well
location. No water will be allowed to overflow onto neighboring properties. The City is
expecting to perform this activity starting around July 31st through September 15th.
(c) Geotechnical Investigation — this activity is intended to retrieve geological
information from the site that will be used to determine structural foundations of future
buildings/basins. Information obtained from this activity includes soil bearing pressures,
water table elevations, etc. This is performed by drilling (coring) and sampling a small
hole in a number of locations across the site. Drill cuttings (clay and sand) from the
borings will be spread on site next to the borehole. The total drill cuttings are typically
less than one backhoe bucket per boring and all borings will be properly plugged and
abandoned. The City anticipates this activity starting in September of this year.
(d) Boundary and site survey—normal survey procedures.
2. Weed Control. Weed control on the real estate is necessary for efficient
performance of the evaluative work described in Section 1. The Owners agree to responsible for
weed control on the Real Estate during the term of this Agreement by either disking or spray
application of an herbicide. The City agrees to either reimburse the Owners or directly pay for
the reasonable cost of each disking or spraying. Upon each disking or spraying, Owners shall
provide the City's Director of Utilities with the invoice of the party performing the disking or
spraying, either for direct payment or for reimbursement of the Owner, as directed by the Owner.
3. Non-assignable, Binding Effect. Due to the unique roles of the respective
parties, none of the parties may assign any of its rights or obligations under this Agreement.
This Agreement shall be binding upon the parties and their successors.
CITY OF SALINA, KANSAS ALSOP SAND CO.,INC.
BY: cite,
By: w�� gi 1on Gage,Ci nMa ger Dane Q. Barclay,
President
ATTEST: VANDERSTELT FARMS, LLC
JO/
By: \ A Land' By: . i / it ,
Sh di Wicks, City Clerk, CMC or .7Q. Barclay,Ma lirging Mdrer