Consent to Annexation - Water WATER CONNECTION AGREEMENT
(OUTSIDE CITY LIMITS)
THIS AGREEMENT, made and entered into this 16th day of September, 1985
by and between the Water and Sewage Department of the City of Salina, Kansas,
hereinafter referred to as the "City" and CAVL of Kansas, Inc., a Kansas
Corporation, hereinafter referred to as "Consumer",
WITNESSETH:
In consideration of the payments herein provided and the mutual covenants
and agreements herein contained, the parties hereto do hereby mutually promise
and agree as follows:
Consumer hereby requests permission to make connection with the City water
main and the City agrees to furnish water to the following described premises,
to-wit:
A tract of land in the Southwest Quarter (SW¼) of Section Eleven (11),
Township Fourteen (14) South, Range Three (3) West of the 6th P.M.,
(See attached legal description - Exhibit "A").
under the following terms and conditions, to-wit:
1. The Consumer shall fund and maintain all water lines, taps, valves,
and all appurtenances required to serve the above described property and the
points of consumption thereon.
2. The City agrees to provide the Consumer with the necessary water meter
for which the Consumer agrees to post a cash deposit with the City which shall
be equal to the City's cost for the meter. The deposit shall be refunded to
the Consumer upon return of the meter to the City in proper operating condi-
tion; provided, however, that in the event the premises served by this agree-
ment are annexed into the corporate limits of the City within two (2) years
following the date of this agreement said deposit shall be refunded to the
Consumer.
3. That Consumer agrees to pay all expenses connected with the installa-
tion of said meter. The meter shall be installed at a location to be desig-
nated by the City and in accordance with the specifications and requirements
of all existing City ordinances or amendments thereto.
4. That Consumer grants to the City and its duly authorized employees
or agents the right to inspect said premises at all reasonable times to deter-
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mine compliance with this agreement and the City ordinances now in effect or
as hereinafter amended pertaining to water service.
5. That Consumer shall be responsible for maintenance and care of water
meter as provided in the City ordinance.
6. That the City reserves the right to curtail or terminate water service
in the event of unforeseen emergency or disaster and assumes no responsibility
for damage resulting from variance in water pressure or volume.
7. That water service authorized by this agreement shall be used for the
purpose of supplying water to the tract of land described in Exhibit "A" only
and no additional connections may be made to serve any purpose outside the
described tract. If any unauthorized connections are made, the City shall
immediately discontinue service.
8. That a new application for water service must be made for any change
in ownership of the property, or in tenancy, or in the service as described in
this agreement, and the City shall have the right to discontinue the water
supply until new application is made and approved.
9. That Consumer shall not connect the City water supply with his own
water supply or to any other systems which would permit water from any other
source to be comingled with the City water supply.
10. That Consumer agrees to pay all expenses connected with the instal-
lation of a backflow preventer which shall be installed at a location to be
designated by the City and in accordance with the specifications and require-
ments of the City Engineer and the Director of Utilities.
11. All billings and:collections shall be pursuant to City ordinances
now in effect or as hereinafter amended.
12. That Consumer agrees that he will not protest annexation into the
City at any time the City Commission may determine it to be in the best interest
of the City to annex said property.
13. That the Consumer shall hold the City harmless for any expenses,
costs, claims, injuries or damages arising out of the construction, maintenance
and use of the water service herein requested to be provided to said Consumer,
except for expenses, costs, claims, injuries or damages which are caused by
the negligence of an employee or agent of the City.
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This agreement shall be binding upon and extend to the heirs, executors,
administrators, trustees and assigns of the respective parties hereto.
Water and Sewerage Department
City of Salina, Kansas
By: / " ~
Donald E. Hoff, /z
Assistant Director of~ Utilities
CAVL of Kansas, Inc.
City of Salina, Kansas
By:
Merle A. Hodges, M.D., Mayor
(SEAL)
ATTEST:
D.L. Harrison, City Clerk
Exhibit A
Legal Description:
A tract in the Southwest Quarter (SW/4) of Section Eleven (ll), Township
Fourteen (14) South, Range Three (3) West of the Sixth Principal Meridan,
Saline County, Kansas described as follows: Beginning at a point One Thousand
Four Hundred Three and Nine-tenths (1,403.9) feet South of and Six Hundred
Seventy-one and Eight-tenths (671.8) feet East of the Northwest corner of
said SW/4, said point of beginning also being on the East right-of-way line
(R/W) of Highway K-140 and One Hundred Fifty (150) feet, measured along said
highway R/W, North from the North R/W of the Atchison, Topeka and Santa Fe
Railroad; thence Northerly along said highway R/W One Hundred Fifty (150) feet;
thence Easterly and parallel with said railroad R/W, Three Hundred (300) feet;
thence Southerly and parallel with said highway R/W, One Hundred Fifty (150)
feet; thence Westerly and parallel with said railroad R/W, Three Hundred (300)
feet to the point of beginning.
EXHIBIT "B"
~N.W. Co~ of S.W./4(Sec. II-TI4S-IR~W)
671.8'