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Annexation Agreement f' . " 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 ed' 9 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. 2 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 3 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 4 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. 5 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: ~~.~ by /JkL ~ Deborah Divine, Mayor Bruce ~ster ~~ Bruce Koster STATE OF KANSAS, SALINE COUNTY, ss: 6 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 ) ) ss. ) 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, 7 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 Book: 1103 Page: 310 ...." ...." ...." -.." -. .. .. .. .. .. .. .. . TRACT ~A _8 l.fO~Q. 11 h 4 l'll \.} nc = 00 Feet !2--J11 'J-ùC£; Application #A05-2 Filed by Bruce Koster ~ .. . .. r- oo 0 I 0 . :.