Annexation Agreement
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REBECCA SEEMAN ' .. l
REGISTER OF DEEDS C 1"'-1
SALINE COOOV J«æ:IS
AN AGREEMENT REGARDING Book: 1103 Page: 302
THE ANNEXATION OF THE KOSTER ~¡~ Total Fees: $40.00
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LOCATED AT 2077 NORTH OHIO Re~orded: '+/~/201/J5 3:28:26 PM
This Annexation Agreement ("Agreement") is made and entered into this j, i 27 of April,
2005 by and between the City of Salina, Kansas, a municipal corporation, hereinafter referred to
as "City" and Bruce Koster, hereinafter referred to as "Owner".
RECITALS
I.
Owner is the owner of a 3.18 acre tract of land adjoining the current city limits of the city and
located in the Northeast Quarter of Section Thirty-six (36), Township Thirteen (13) South, Range
Three (3) West of the Sixth Principal Meridian in Saline County, Kansas, hereinafter referred to as
the "Koster property" more specifically described on the attached Exhibit "A" and depicted on the
attached Exhibit "B".
II.
The Koster property was formerly served by Ottawa County Rural Water District No.2, but is now
connected to the 12-inch public water line in North Ohio Street but is not currently connected to
a public sanitary sewer system.
III.
The Koster property is bounded by the city on three sides but does not currently have city police
or fire protection.
IV.
The Koster property is shown as a Primary Service Area for the extension of city utilities and
services.
V.
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
Book: 1103 Page: 303
acknowledging that Owner and his successors, heirs and assigns will be obligated to pay their
proportionate share of the cost of public utility lines installed in the North Ohio Corridor which
benefit the Koster property.
VI.
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 Citv. The City concurrently with approval of this agreement agrees to annex
the Koster property into the corporate limits of the city. Owner hereby consents to the annexation
of the Koster property
2.
Connection to City's Water Distribution System. The City acknowledges that the Koster
property's connection to the City's public water system was involuntary due to the abandonment
of an Ottawa County Rural Water District No.2 service line that previously served the property.
Therefore, there shall be no cost recovery fee assessed to the existing 13,500 sq. ft. homesite
(Tract A).
Owner understands and acknowledges that owner and his successors, heirs and assigns will
obligated to pay a cost recovery charge of $.014/sq. ft., plus interest at the compound rate of 3.145
percent per annum calculated from the effective date of this agreement until the charge is paid, at
the time any portion of the remaining 125,144 sq. ft. of the property (Tract B) is developed.
Payment of the cost recovery charge to the City shall be made as a condition of the issuance of a
building permit for construction of any development project within Tract B. The amount of the cost
recovery charge shall be based upon the developable square footage of the legally described
parcel for which the permit is being issued.
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Book: 1103 Page: 304
3.
Sanitary Sewer Connection.
Owner understands and acknowledges that the Koster
property is not presently connected to City's public sanitary sewer system. Owner understands and
acknowledges that the Koster property is capable of being served by the 8 inch sanitary sewer line
in North Ohio Street.
Upon annexation, Owner and his successors, heirs and assigns shall not be required to
connect to the public sanitary sewer system, however, if the existing lagoon system serving the
property at 2077 North Ohio Street fails or creates conditions which endanger the health and safety
of the public, the City Manager may order Owner and his successors, heirs and assigns to connect
to the sewer system by providing Owner with written notice that connection is required and the
reasons therefor. Upon annexation, owner shall have the option to voluntarily connect his
residence to the 8-inch sewer line along the east side of Ohio Street. A $617.26 sewer hook-up
charge shall be assessed based on the square footage of the existing homesite (Tract A).
Owner understands and acknowledges that owner and his successors, heirs and assigns
will be obligated to pay a cost recovery charge of $.045/sq. ft., plus interest at the compound rate
of 3.145 percent per annum calculated from the effective date of the agreement until the charge
is paid, at the time any portion of the remaining 125,144 sq. ft. of the property (Tract B) is
developed. Payment of the cost recovery charge to the City shall be made as a condition of the
issuance of a building permit for construction of any development project within Tract B. The
amount of the cost recovery charge shall be based upon the developable square footage of the
legally described parcel for which the permit is being issued.
4.
Open Burninq on the Property. City acknowledges and understands that owner has cut down
and cleared trees and other vegetation which is stockpiled on the property. City agrees to issue
a burn permit for the Koster property to allow the existing brush piles to be burned on site. The
material to be burned must be indigenous to the property. Copies of the open burning regulations
as adopted by the City of Salina are available at the Salina Fire Department, 222 West Elm. The
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8ook: 1103 Page: 305
owner agrees to the conditional requirements as defined in Section 307 of the International Fire
Code and Kansas Department of Health and Environment State Statute 28-19-645 thru 647. An
on site inspection by the Salina Fire Department shall occur prior to issuance of the burn permit.
5.
Zoninq and Land Use. All use and occupancy of the property subsequent to annexation shall
comply with the regulations of the city's RS (Residential Suburban) zoning district.
6.
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.
7.
Term. This Agreement shall commence on the date first stated above. 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 as may be necessary to fairly
address such apportionment of the costs of the improvements.
8.
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.
9.
Amendments. This Agreement may only be amended or modified in writing signed by the
parties to this agreement.
10.
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
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Book: 1103 Page: 306
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.
11.
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.
12.
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.
13.
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.
14.
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.
15.
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.
16.
Default. Owner and City agree that the annexation requested by the Owner promotes 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 their 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.
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Book: 1103 Page: 307
17.
Essential Nexus. The parties agree that an essential nexus exists between the annexation
requested by the Owner and the City's requirement that Owner pays his proportionate share of the
public utility 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 property from installation of public utilities on North
Ohio Street.
Nothing in this agreement shall be construed as limiting the police power of the City to enact
future regulations that apply to this property.
18.
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:
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by /JkL ~
Deborah Divine, Mayor
Bruce ~ster
~~
Bruce Koster
STATE OF KANSAS, SALINE COUNTY, ss:
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Book: 1103 Page: 308
BE IT REMEMBERED, that on this :/Jilt., day of Ifll-i¿ , 2005, before
me, the undersigned, a notary public in and for the county and state aforesaid, came Debbie
Divine, 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.
IN TESTIMONY WHEREÇ>F, I hereunto set my hand and affixed my official seal the day
and year. '.::
f\. LaDONNA BENNETT ...' ~
~ Notary Public. State of Kansas rr ,.......- ~~ . '-.J' J f) . -+-1---;-
My Appt. Expires October 23, ----& ~ :::. """'-') - ~--
Notary Public
My appointment expires: I () - J....3~
STATE OF KANSAS
COUNTY OF SALINE
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) ss.
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The foregoing instrument was acknowledged before me this ~day of ~
by BruĊ :r. KARFIJ ~ ~ ~
. -. I\'clary Pub:¡c - State of I< ::!,,~es
.'J,";C MyAppt.Expires$-//-tltÞo(, Not ryPublic
,2005,
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Book: 1103 Page: 309
EXHIBIT A
The Koster property is legally described as follows:
A parcel of land located in the Northeast Quarter (NE Y-t) of the Southeast Quarter (SE
1/4) of Section Thirty-Six (36), Township Thirteen (13) South, Range Three (3) West of
the 6th P.M., Saline County, Kansas, more particularly described as follows:
Commencing at the Northeast corner of said SE y-t thence West along the North line of
said SE y-t a distance of 37.50 feet to a point on Ohio Street right-of-way; thence South
along said Ohio Street right-of-way parallel with the East line of said SE y-t a distance of
748.00 feet to the point of beginning; thence continuing South along said right-of-way
parallel with said East line of said SE y-t a distance of 354.00 feet; thence West on a line
which is at right angles to said East line of said SE y-t a distance of 391.65 feet; thence
North parallel with said East line of said SE y-t a distance of 354.00 feet; thence East at
right angles with said East line a distance of 391.65 feet to the point of beginning. Said
parcel of land contains 138,644 square feet, more or less.
EXHIBIT B
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Application #A05-2
Filed by Bruce Koster
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