Annex Bergkamp Subdivision
AN AGREEMENT REGARDING
THE ANNEXATION OF THE BERGKAMP SUBDIVISION
lOCATED ON THE SOUTH SIDE
OF SCHilLING ROAD
This Annexation Agreement ("Agreement") is made and entered into this ~~ day of
Rt::BECm SEEMAN C
REGISTEIi: or DEEDS ../. J "./
SALINE COUNTY KANSAS fY.
Book: 1138 Page: 1104
Receipt i: 37070 Total Fees: $40.00
Pages Recorded: 9
Date Recorded: 10/13/2006 4:00:54 PM
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September 2006, by and between the City of Salina, Kansas, a municipal corporation, hereinafter
referred to as "City" and the Melvin A. Bergkamp Trust, hereinafter referred to as "Owner".
RECITALS
I.
Owner is the owner of a 17.40 acre tract of land located in the Northwest 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 "Bergkamp Subdivision" and more specifically
described on the attached Exhibit "A" and depicted on the attached Exhibit "B".
II.
The Bergkamp Subdivision is currently shown as a Primary Service Area for the extension of
city utilities and services.
III.
The Bergkamp Subdivision currently has public water and sanitary sewer service under
contract with the City but the south 17.40 acres is not within the city limits and does not have city
fire protection or a fire service contract.
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
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 Bergkamp Subdivision should the property be replatted to allow additional development in the
future.
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Book: 1138 Page: 1105
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 by City. The City concurrently with approval ofthis agreement agrees
to annex the Bergkamp Subdivision, less the North 250 feet thereof, into the corporate limits of the
city.
2. Water System Improvements. Owner acknowledges that to accommodate
addition al development and provide adequate fire protection, a looped water line system may need
to be installed in the Bergkamp Subdivision. Owner understands and acknowledges that Owner will
be responsible for connecting to the city's water distribution system and extending water lines into
the Bergkamp Subdivision to support any additional development on the property. Internal public
line extensions must be constructed to city standards and may be financed privately or publicly
financed over 15 years through creation of a special assessment benefit district.
3. Sanitary Sewer Improvements. Owner acknowledges that although the Bergkamp
Subdivision currently has sanitary sewer service, the existing gravity line serving the property is
private and has not been dedicated to or accepted by the City for maintenance. Owner
understands and acknowledges that any future acceptance of sewer lines will be addressed
through the platting process and will be based on a determination as to whether the existing 8" line
was designed and constructed to city standards. Any internal public sewer line extensions may be
financed privately or publicly financed over 15 years through creation of a special assessment
benefit district.
4. Street Improvements. City acknowledges that the Bergkamp Subdivision was included
in a special assessment benefit district created for the paving and widening of Schilling Road
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abutting the property and that the Bergkamp Subdivision is not subject to any additional fees or cost
recovery charges associated with improvements to Schilling Road.
Owner understands and acknowledges that Owner will be responsible for the design and
construction to city street standards of any internal public streets serving individual lots should the
Bergkamp Subdivision be replatted in the future. The cost of constructing streets may be financed
privately or may be publicly financed through the creation of a special assessment benefit district.
5. DrainaQe. Owner understands and acknowledge that property on the west side of
the Union Pacific railroad tracks is not part of the benefit area for the Schilling Road Ditch and
Schilling Road Ditch Capital Cost Recovery Charge. Owner understands and acknowledges that
the Schilling Road Ditch on the south side of Schilling Road was constructed with public funds and
that abutting property owners were not assessed for the cost of constructing the ditch at the time of
construction.
Owner and City agree that the majority of the Bergkamp Subdivision naturally drains to the east and
that there is not a developed stormwater collection system west of the Bergkamp Subdivision. The
City Engineer has determined that sufficient capacity exists in the Schillin~J Road Ditch to
accommodate runoff from the Bergkamp subdivision. Therefore, City agrees to grant owner and its
heirs, successors and assigns the right to discharge stormwater runoff from the Bergkamp
Subdivision to the east under the Union Pacific railroad tracks into the Schillin!~ Road Ditch. If
stormwater is detained on site in accordance with City's stormwater detention criteria, there shall be
no fee for discharging into the ditch. If there is no on site detention on the 17 AO acre Bergkamp
Subdivision site, Owner understands and acknowledges that the Bergkamp Subdivision will be
assessed a drainage impact fee equivalent to the Schilling Road Capital Cost Recovery Charge for
property located within the city limits. This drainage impact fee is set at $.12/cu. ft. of additional
runoff. Additional runoff refers to the difference between the volume of runoff that comes off the
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Book: 1138 Page: 1107
property today in its current 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.
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. 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.
7. Term. This Agreement shall commence on the date first stated above and shall remain
in effect until the Bergkamp Subdivision 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 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
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Book: 1138 Page: 1108
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 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
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Book: 1138 Page: 1109
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 its
covenants and responsibilities as set forth in this Agreement, the City may take such other
remedies, legal or equitable, which the City may have to enforce this Agreement or to obtain
damages for its breach.
17. Essential Nexus. The parties agree that an essential nexus exists between the
annexation requested by the Owner and the City's agreement to authorize Owner's property to
drain into the Schilling Road Ditch. 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 ability to drain stormwater runoff to the east to the Schilling
Road Ditch.
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.
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Book: 1138 Page: 1110
THE CITY OF SALINA, KANSAS
A Municipal Corporation
ATTEST:
~~
City Clerk
by
i2QhL.
Donnie D. Marrs, Mayor
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on thi~-cf'Jay of c... rJ.. ""'" ~r , 2006, before me,
the undersigned, a notary public in and for the county and st~e Donnie D. Marrs,
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 WHEREOF, I hereunto set my hand and affixed my official seal the day
and year last above written.
PENNY DAY
~ Notary Public - State of Kansas
My Appt. Expires
Melvin A. Bergkamp Trust
~~,q~
Melvin A. Be kamp, rustee
m <. d~
~ A. Bergka p, Trustee
STATE OF KANSAS
COUNTY OF SALINE
)
) ss.
)
The foregoing instrument acknowledged before me this I { f:!J- day of ~~hBr ~
2006, by Melvin A. Bergkamp and Marjorie A. Bergkamp, Trustees of the Melvin A. Bergkamp Trust
under agreement dated December 27, 1989.
My appointment expires:
"
Jannette 0 Johnson
Notary Pubiic - State of Kansas
S,,!'rx' County .
My Commission Expires (J1-- uy)()i.J
--'-
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Book: 1138 Page: 1111
Exhibit A
The property that is the subject of this Annexation Agreement is legally described as
follows:
Lot One (1), Block One (1), less the North Two Hundred and Fifty Feet (250') thereof, in
the Bergkamp Subdivision in Saline County, Kansas.
EXHIBIT B ~ \
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Book: 1138 Page: 1112
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