Magnolia Hills Inc. - Agreement for Dedication of Storm Water Detention Pond (Magnolia Hills Estates No 2)Community & Development Services
Room 201
City -County Building
300 West Ash, P.O. Box 736
Salina, Kansas 67402-0736 Salim
November 12, 2020
Telephone 785-309-5715
Fax 785-309-5713
TDD 785-309-5747
E-mail buildina.servicesO.salina.orq
Website www.salina-ks.aov
Please find attached Agreement for Dedication of Storm Water Detention Pond that
was received on November 12, 2020 with a check for $46,137.49. This is expected
to go before the City Commission on November 23, 2020. A fully executed
agreement will be provided after that date.
AGREEMENT FOR DEDICATION OF STORM WATER DETENTION POND
This Agreement is entered into this tlt:� day of November 2020, by and
between Magnolia Hills, Incorporated, (the "Developer") and the CITY OF
SALINA, KANSAS (the "City").
Recitals
A. By Resolution 934584 adopted April 26, 1993 the City adopted a policy
for public acceptance of maintenance responsibility for storm water runoff control
as an alternative to private maintenance of storm water detention ponds (the
"Policy").
B. The Developer, in conjunction with the development of the Magnolia
Hills Estates Addition No. 2, desires to make the requisite lump sum payment to
the City and dedicate certain property within the subdivision to the City for
maintenance as storm water detention ponds.
C. Pursuant t he Policy, the City has calculated a lump sum payment in
the amount of 7. 9 to be paid to the City by the
Developer by determining the present value of the estimated cost of maintaining
the storm water detention pond in public ownership, including such factors as
size and shape of the pond, type of pump, personnel and equipment charges and
other applicable cost items (the "Maintenance Fee").
THE PARTIES therefore agree.-
1.
gree:
1. Election to dedicate. The Developer elects to dedicate the following
described real estate (the "Detention Pond") by Deed of Dedication in the form
attached as Exhibit A:
for maintenance by the City as a storm water detention pond. The Developer
agrees to deliver the Deed of Dedication by the agreed upon Closing Date.
2. Closinq Date. Upon final inspection and approval by the City of the
completed construction of the Detention Ponds, the City and the Developer shall
agree upon an appropriate Closing Date.
3. Maintenance fee. Simultaneous with the delivery of the Deed of
Dedication, the Developer shall pay to the City the Maintenance Fee by cashiers
check or other certified funds.
4. ms's responsibillty. Upon acceptance of the Deed of Dedication and
payment of the Maintenance Fee, the City agrees to maintain in perpetuity the
Detention Ponds and related equipment in a manner consistent with the City's
maintenance of other non -parts open spaces.
5. Bindina effect. This Agreement shall be binding upon and inure to the
benefit of the parties, their heirs, personal representatives, successors and
assigns.
EXECUTED the day and year first above written.
MAGNOLIA HILLS, INCORPORATED, a Kansas corporation.
JamNs D. Markle, Treasurer
ATTEST:
Shand! Wicks, City Clerk
j
Stanley C. quisf, Vice P ident
CITY OF SALINA, KANSAS
Michael L. Hoppock, Mayor
STATE OF KANSAS, COUNTY OF SALINE ss:
On this (14"' day of November 2020 before me, the undersigned, a
notary public in and for the county and state aforesaid, came Kelly R. Dunn,
President, Stanley C. Byquist, Vice President and James D. Markle, Treasurer of
Magnolia Hills, Incorporated, a corporation duly incorporated and existing under
and by virtue of the laws of the State of Kansas, 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.
DEREK DUNK
Notary Pubge - State of Kansas
MY AAPt• Expires$- o - a
Notary Public
STATE OF KANSAS, COUNTY SALINE, SS:
On this day of November 220, before me a Notary Public in and
for said state, personally appeared Michael L. Hoppock, Mayor, and Shandi
Wicks, City Clerk, for the City of Salina, Kansas, known to me to be the persons
who executed the easement document on behalf of the City of Salina, and
acknowledged to me that they executed the same for the purposes therein
stated.
Notary Public
City 0i
Salina
Received from:
MAGNOLIA HILLS
CUSTOMER COPY
City of Salina
PO Sox 736
Salina, KS 67402-0736
(785) 309-5735 Fax: (785) 309-5738
MlsoWlswouv R6cjlpt
Re
Number Vceipt 33103
! 1 /it 2/20
r2ftco!�+I - • .. _
10(:01 4905
000 1000
PAID BY- MAGNOLIA HILLS
PAYMENT METH: CHECK
1011
AMT TENDERED'
AMT APPLIED:
CHANGE
EWE, 14:.44
CLEW.McdaniaR
#L5,197,49
$46,13749
$46,1337.49
$46,137.49
:0,00