Annexation Agreement
8k I D7t¡ PI /.51-
AN AGREEMENT REGARDING
THE ANNEXATION OF THE SALINA ECONOMIC DEVELOPMENT CORPORATION
TRACT LOCATED NORTH OF WATER WELL ROAD AND
EAST OF THE UNION PACIFIC RAILROAD TRACKS
This Annexation Agreement ("Agreement") is made and entered into this ~ day of May,
2004 by and between the City of Salina, Kansas, a municipal corporation, hereinafter referred to
as "City" and the Salina Economic Development of Corporation (SEDC), hereinafter referred
to as "Owner".
RECITALS
I.
Owner is the owner of a 45 acre tract of land located in the Southeast Quarter of Section One
(1), Township Fifteen (15) South, Range Three (3) West of the Sixth Principal Meridian in Saline
County, Kansas, hereinafter referred to as the "SEDC Tract" and more specifically described on
the attached Exhibit "A" and depicted on the attached Exhibit "B",
II.
The South 1 0 acres of the SEDC Tract is part of the South Industrial Area No.3 Subdivision.
The remainder is currently unplatted.
III.
The SEDC Tract is currently shown as a Secondary Service Area for the extension of city
utilities and services and as future industrial land in the City of Salina's Future Land Use Plan.
IV.
Owner has made a request to be annexed into the corporate limits of the City of Salina,
Kansas, and the City is agreeable to such annexation provided there is an agreement
acknowledging that Owner and its successors, heirs and assigns will be obligated to pay its
proportionate share of water main, sanitary sewer, public street and drainage improvements serving
the SEDC Tract at the time of actual development and to dedicate needed easements and right-of-
way for public street, utility and drainage improvements.
V.
This agreement is being entered into pursuant to the authority granted by K.S.A. 12 - 535.
NOW THEREFORE, IN CONSIDERATION of the mutual covenants contained herein, the
parties do agree as follows:
1.
Annexation bv City. The City concurrently with approval of this agreement agrees to
annex the SEDC Tract into the corporate limits of the city.
2.
Zonina and Land Use. The City concurrently with approval of this agreement agrees
to zone the SEDC Tract 1-3 (Heavy Industrial) upon annexation into the corporate limits of the city.
Book: 1079 Page: 158
3.
Amendment of Comprehensive Plan. The City concurrently with approval of this
agreement agrees to amend the Comprehensive Plan of the City of Salina as follows:
That the Salina Service Area Map (Figure 18, P, 172) of the Comprehensive Plan of
the City of Salina be amended to show the SEDC Tract changed from a Secondary
Service Area to a Primary Service Area for the extension of City utilities and services
and eligibility for special assessment financing.
4.
Improvements to the City's Water Distribution System. Owner understands and
acknowledges that the SEDC Tract is not presently fully served by the City's public water system.
Owner further understands and acknowledges that without a public water system being extended
to serve the Owner's property, the City can not provide fire protection or issue building permits for
new industrial development.
City has plans in 2004 to design and initiate construction of a new 12 inch water line
connection to the existing 16 inch line near the intersection of Magnolia Road and Ohio Street, to
construct approximately 1 mile of new 12 inch water line along the west side of Ohio Street south
to Schilling Road. At some point in the future, the City will construct an additional mile of new 12
inch line south to Water Well Road to connect to the existing 24 inch line in Water Well Road.
Timing of this project is dependent upon availability of financing and the extent of development in
this area.
Owner understands and acknowledges that Owner will be responsible for connecting to the
looped water system through Liberty Addition No.2 by extending the 12 inch water line in
Commerce Street from its present terminus to the north edge of the SEDC Tract. This public water
line extension shall be financed privately by Owner or may be publicly financed over a 15 year
period through the creation of a special assessment benefit district under K.S.A. 12-6a01 et. seq.
5.
Sanitary Sewer Extension. Owner understands and acknowledges that Liberty Addition
No.2 and the Samuelson Tract to the east are not presently serviceable by the City's public
sanitary sewer system. Owner understands and acknowledges that a public sanitary sewer system
is also needed to make Owner's property developable, Owner understands and acknowledges that
Liberty Addition No.2 will be made sewerable by the construction two (2) 12 inch sanitary sewer
lines that will be installed starting at the north end of Liberty Addition No.2 and extend south
parallel to and on either side of a proposed north-south drainage ditch. These 12" gravity lines
would extend south into the Samuelson Tract and connect to a single 15" gravity pipeline which
would extend west to an existing sewer pump station (Pump Station 35) located on the east side
of the Union Pacific Railroad tracks, north of the Crestwood Cabinets site. Owner acknowledges
2
Book: 1079 Page: 159
and understands that the reason for the twin sewer lines is the depth of the proposed north-south
drainage ditch (7-8 ft.) which can not be crossed by sewer lines without those lines being exposed
above the bottom elevation of the ditch.
Owner agrees to pay its proportionate share of the cost of extending and improving sanitary
sewer facilities to serve development in the area. Owner agrees to pay its proportionate share of
the construction cost of the above described sanitary sewer system through participation in a
special assessment benefit district established under K.S.A. 12-6a01 et. seq. Owner also agrees
to dedicate needed utility easements across the SEDC Tract to allow the 12 inch sewer line
extending south from Liberty Addition No,2 and the 15 inch sewer line extending west to connect
to Pump Station 35. If a special assessment benefit district for the sewer line is established prior
to platting, the assessment levied on the SEDC Tract shall be deferred until such time as the
property is platted.
6.
Street Improvements. Owner understands and acknowledges that Commerce Street
was not constructed to City street standards and does not meet City standards in its present
condition.
City agrees to accept the existing Commerce Street as a public street for public maintenance
if it is determined that it met Saline County street standards at the time of construction.
Owner agrees to pay its proportionate share of the cost of upgrading the currently
constructed Commerce Street to City standards if the City forms a special assessment benefit
district for the project under K.S.A. 12-6a01 et. seq. Owner agrees not to protest such a benefit
district.
Owner agrees to dedicate, through the platting process, the necessary right-of-way for an
extension of Commerce Street and to pay 100% of the cost of constructing new sections of
Commerce Street to City standards. The cost of extending Commerce Street shall be financed
privately by the Owner or may be publicly financed over a 15 year period through the creation of
a special assessment benefit district.
City agrees to neither special access nor charge a fee to any property within the SEDC Tract
for any costs associated with the future construction of Ohio Street.
7.
Drainage. Owner acknowledges that surface runoff from the SEDC Tract drains to the
Schilling Road Ditch. Owner understands and acknowledges that the SEDC Tract is subject to the
Schilling Road Ditch Capital Cost Recovery Charge to pay its proportionate share of the cost of
constructing the ditch. This drainage impact fee is set at $.129 cu. ft. of additional runoff for
3
Book: 1079 Page: 160
property within the city limits. Additional runoff refers to the difference between the volume of runoff
that comes off the property today in its agricultural state and the amount of runoff generated by the
property upon full development of the site. Payment of the fee will be collected at the time a
building permit is issued and the amount of the fee shall be determined by the City Engineer based
on a drainage analysis of the proposed building site prepared by a licensed professional engineer.
Owner understands and acknowledges that off-site runoff from Crestwood Cabinets currently
passes through the SEDC Tract from south to north to the dedicated drainage right of way in
Liberty Addition No.2.
Owner agrees to maintain this drainage pattern and in order to
accommodate existing and future runoff agrees to dedicate needed drainage easements across
SEDC property on a temporary basis, with permanent drainage easements being established
through the platting process.
Owner understands and acknowledges that Owner will be responsible for the design and
construction of internal storm drainage improvements associated with the platting and development
of the SEDC Tract. These internal storm drainage improvements (inlets, pipelines and flumes)
shall be financed privately by Owner or may be publicly financed over a 15 year period through
creation of a special assessment benefit district.
8.
Cost Defined. The words and phrases "cost" or "entire cost" shall be defined in
generally the same manner as defined in K.S.A. 12-6a01 (d), which specifies how final costs are
determined for public improvements financed through a special assessment benefit district. In
addition, for purposes of this Agreement, the deferred cost paid at the time of building permit
issuance for future building lots as identified in a Capital Cost Recovery Ordinance, shall include
an annual adjustment or escalator based on the interest rate on City of Salina 15-year General
Obligation Bonds sold most closely to the date of final cost establishment for completed public
improvements.
9.
Term. This Agreement shall commence on the date first stated above and shall remain
in effect until the SEDC Tract has been fully developed in accordance with its terms; provided,
however, the parties acknowledge that K.S.A. 12-535 limits to a term of ten years those provisions
of this Agreement that guarantee the apportionment of the costs of improvements made in the area
to be annexed between the city at large and the area to be annexed. For that reason, the parties
agree that nine years from the commencement of this Agreement the parties shall (a) cooperatively
initiate a review of any remaining matters which require apportionment of the costs of
improvements to be made in the area to be annexed and (b) enter into such further agreements
4
Book: 1079 Page: 161
as may be necessary to fairly address such apportionment of the costs of the improvements.
10. Bindinq Effect. The benefits and burdens of this agreement are intended to attach to
and run with the land and shall be binding on and inure to the benefits of the parties and their
respective heirs, successors and assigns. All persons claiming under the parties shall conform to
and observe the provisions of this Agreement.
11. Amendments. This Agreement may only be amended or modified in writing signed by
the parties to this agreement.
12. Further Assurances. Each party will use its best and reasonable efforts to successfully
carry out and complete each task, covenant, and obligation as stated herein. Each of the parties
shall cooperate in good faith with the other and shall do any and all acts and execute, acknowledge,
and deliver any and all documents so requested in order to satisfy the conditions set forth herein
and carry out the intent and purposes of this Agreement.
13. Governinq Law. All aspects of this Agreement shall be governed by the laws of the
State of Kansas. The invalidity of any portion of this Agreement shall not invalidate the remaining
provisions.
14. Interpretations. Any uncertainty or ambiguity existing herein shall not be interpreted
against either party because such party prepared any portion of this Agreement, but shall be
interpreted according to the application of rules of interpretation of contracts generally.
15. Construction. Whenever used herein, including acknowledgements, the singular shall
be construed to include the plural, the plural the singular, and the use of any gender shall be
construed to include and be applicable to all genders as the context shall warrant.
16. Relationship of Parties. Neither the method of computation of funding or any other
provisions contained in this Agreement or any acts of any party shall be deemed or construed by
the City, Owner, or by any third person to create the relationship of partnership or of joint venture
or of any association between the parties other than the contractual relationship stated in this
Agreement.
17. Assiqnment. In the case of the assignment of this Agreement by any of the parties,
prompt written notice shall be given to the other parties who shall at the time of such notice be
furnished with a duplicate of such assignment by such assignor. Any such assignment shall not
terminate the liability of the assignor to perform its obligations hereunder, unless a specific release
in writing is given and signed by the other parties to this Agreement.
18. Default.
Owner and City agree that the annexation and Comprehensive Plan
5
Book: 1079 Page: 162
amendment requested by the Owner promote the public health, safety, and welfare so long as
Owner fulfills all of the conditions and responsibilities as set forth in this Agreement. In the event
Owner defaults in fulfilling any of its covenants and responsibilities as set forth in this Agreement,
the City may take such remedies, legal or equitable, which the City may have to enforce this
Agreement or to obtain damages for its breach.
19. Essential Nexus. The parties agree that an essential nexus exists between the
annexation and Comprehensive Plan amendment requested by the Owner and the City's
requirement that Owner pay its proportionate share of the water main, sanitary sewer, public street
and drainage improvements benefiting Owner's property. Further, Owner agrees that the cost
responsibilities imposed upon Owner by this Agreement are roughly proportional, both in nature
and extent to the benefit received by Owner's property from the installation of public water and
sanitary sewer lines.
Nothing in this agreement shall be construed as limiting the police power of the City to
enact future regulations that apply to the development.
Recordation. This Agreement shall be filed in the Office of the Register of Deeds in
Saline, County, Kansas at City's cost and expense.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year first written above.
THE CITY OF SALINA, KANSAS
A Municipal Corporation
ATTEST:
~~
byM~
Monte Shadwick, Mayor
PMENT CORPORATION
by
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this ~ day of LmCL~ ,2004, before
me, the undersigned, a notary public in and for the county and state a\oresald, came Monte
Shadwick, Mayor of the City of Salina, Kansas, and Lieu Ann Elsey, City Clerk, who are personally
known to me to be the same persons who executed as such officers the within instrument of writing
on behalf of the City of Salina, Kansas, and such persons duly acknowledged the execution of the
same to be the act and deed of said City.
6
Book: 1079 Page: 163
IN TESTIMONY WHEREOF, I hereunto set my hand and affixed my official seal the day
and year last above written.
My appointment expires:
A . PENNY DAY
~ Notary Public - State 0 Kansas
My Appt. Expires
STATE OF KANSAS
)
) ss.
COUNTY OF SALINE )-f/t '-1/1/1
The foregoing instrument was acknowledged before me this 1.3... day of ~, 2004,
by Gerald Cook, Executive Director of the s~:n~D2~rporati .
A. ANNE E. COURTER Notary Pu lic
... Notary PubIc. State 01
My A I. 11'88
7
Exhibit B
Book: 1079 Page: 164
r-
OO
I
r-
Z
Z
WATER WELL RD
I I
II
Annexation Area
~
Ii
Book: 1079 Page: 165
EXHIBIT A
A parcel of land located in the Southeast Quarter of Section 1, Township 15 South, Range
3 West of the 6th Principal Meridian in Saline County, Kansas, more particularly described
as follows:
Commencing at the Southwest Corner of the Southeast Quarter of Section 1, Township
15 South, Range 3 West; thence East on an assumed bearing of N90o00'OO"E along the
South line of said southeast Quarter a distance of 53.93 feet to a point on the East Right
of-Way line of the Union Pacific Railroad; thence NOoo05'37"W along said East Right-of-
Way line of the Union Pacific Railroad a distance of 1073.35 feet to the Northwest corner
of the South half of Lot 1, Block 1 of South Industrial Area No.3, a subdivision of Saline
County, Kansas, for a POINT OF BEGINNING; thence continuing NOoo15'37"W along said
East Right-of-Way line of the Union Pacific Railroad a distance of 1568.55 feet; thence
N89°56'23"E along the North line of said Southeast Quarter a distance of 1258,68 feet to
a point on the East line of the West half of the said Southeast Quarter; thence SOoo05'OO"E
along the East line of the West half of the said Southeast Quarter a distance of 1569.34
feet to the Northeast corner of the South half of Lot 1, Block 1 of South Industrial Area No.
3, a subdivision of Saline County, Kansas; thence S89°58'35"W along the North line of
South half of Lot 1, Block 1 of South Industrial Area No.3, a subdivision of Saline County,
Kansas a distance of 1253.83 feet to the POINT OF BEGINNING.
The above described tract contains 1,970,995.11 square feet or 45.25 acres more or less
and includes the North half of Lot 1, Block 1 of South Industrial Area No.3, a Subdivision
of Saline County, Kansas.
REBEœA SEEMAN v A / N
RESISTER IF DEEDS IV
SII.. I t£ aum KANSAS
Book: 1079 Page: 157 -/ft1.5
Recei~ I: 17184 Total Fees: $48.88
Pages Recorded: 9
Date Recorded: 5/28/2814 2:59:29 PM
~D~
% OJ <øJc -C (~/