Amended Water/Sewer Connection & Annexation Agr - 100 E. Avenue A aR a_s-
Salina Annexation Agreement old Avei S - - .
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REBECCA SEEMAN ~
AMENDED WATER AND SANITARY SEWER SA~I~rt~lJN~Y%~AS NN
CONNECTION AGREEMENTBllok: 113':::1 J-Iage: 1530
AND l'Iecelpt #: 37406 Total Fees: $28.00
PR~~-B~~orded: 6
CONSENT TO FUTURE ANNEXA I Illite Recorded: 10/30/2006 :3:39:47 PM
(OUTSIDE CITY LIMITS)
This agreement made this J7 th day of October, 2006, by and between the City of
Salina, Kansas, hereinafter referred to as the "City" and Thomas R. Pestinger and Nancy S.
Pestinger hereinafter referred to as the "Owners".
WITNESSETH:
WHEREAS, the City operates a municipal water works and sewage treatment system as
a public utility;
WHEREAS, the Owners are the owners of real estate located in the plat of the South
Industrial Area in Section 1, Township 15 South, Range 3 West, West of the 6th PM, Saline
County, Kansas, more particularly described as follows:
tot T)1irteen (13), in Replat of part of Block One (1), SOUTH INDUSTRIAL AREA;
and "lot Fourteen (14), Block One (1), INDUSTRIAL AREA, all in
Saline County, Kansas
WHEREAS, the above described property currently has city water service under an
outside the city agreement dated January 13, 1970 and has paid all assessments and
connection charges related to installation of the public water system serving the South Industrial
Area;
WHEREAS, there has been a change in ownership of the property which under the terms
of the January 13, 1970 agreement requires a new application for water service;
WHEREAS, the Owners now wish to connect their building to the City's sewage
collection and treatment system;
WHEREAS, to provide city water and sanitary service for the nonresidential use being
made of the above described property, the parties enter into this agreement which amends and
supersedes the January 13, 1970 water connection agreement.
Book: 1139 Page: 1531
~mended Water and Sanitary Sewer Connection Agreement and Consent to Future Annexation
(Outside City Limits)
Page 2 of 5
NOW THEREFORE, for and in consideration of the mutual promises and the
performances thereof by the parties hereto it is agreed as follows:
Owners hereby request permission to make connection with the City's sanitary sewer
system and the City agrees to furnish water service and sanitary sewer service to the following
described property, to wit:
Lot Thirteen (13), in Replat of part of Block One (1), SOUTH INDUSTRIAL
AREA; and Lot Fourteen (14), Block One (1), INDUSTRIAL AREA, all in
Saline County, Kansas
Under the following terms and conditions, to wit:
1. That the Owners shall finance and maintain all water and sanitary sewer service lines
required to serve the above described property and the Owner shall own all said
water and sewer lines, etc. installed by Owner, unless the line is designed and
installed to City standards, located in a public utility easement or right-of-way and
accepted for maintenance by the City.
2. That the Owners agree to obtain a sanitary sewer easement from the adjoining
property owner to the east to allow a connection to an existing private sewer line from
their building.
3. That the City agrees to provide the Owners with the necessary water meter. The
Owners agree 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 Owners upon return of the
meter to the City in proper operating condition.
4. That the Owners agree to pay all expenses connected with the installation of said
meter. The meter shall be installed at a location to be designated by the City and in
accordance with the specifications and requirements of all existing City ordinances or
policies.
5. That the Owners shall be responsible for maintenance and care of water meter as
provided in the City ordinances.
BOOH: 1139 Page: 1532
7\mended Water and Sanitary Sewer Connection Agreement and Consent to Future Annexation
(Outside City Limits)
Page 3 of 5
6. That the Owners grant the City and it's duly authorized employees or agents the right
to inspect their premises at all reasonable times to determine compliance with this
agreement and the City ordinances now in effect or hereinafter amended pertaining to
water and sanitary sewer service.
7. That the water and sanitary service authorized by this agreement shall be used only
for the purpose of serving industrial uses within the area designated on Exhibit "An.
8. That the City reserves the right to curtail or terminate water or sanitary sewer service
in the event of unforeseen emergency or disaster. The City assumes no responsibility
for damage resulting from variance in water pressure or volume.
9. That a new application for water service must be made for any change in tenancy of
the above described property 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.
10. That the Owners shall not connect the City water supply with their own water supply
or to any other system which would permit water from any other source to be co-
mingled with the City water supply.
11. That the Owners agree to furnish and pay all expenses connected with the installation
of backflow preventer(s) which shall be installed at locations to be designated by the
City and in accordance with the specifications and requirements of the Utilities
Director.
12. That the City acknowledges all water and sanitary sewer connection fees for this
property have been paid.
13.AII billings and collections for water and sanitary sewer service shall be pursuant to
City ordinances now in effect or as hereinafter amended.
. ,
Book: 1139 Page: 1533
, 'Amended Water and Sanitary Sewer Connection Agreement and Consent to Future Annexation
(Outside City Limits)
Page 4 of 5
14. That in consideration of the City's delivery of water and sanitary sewer service to the
property designated on Exhibit "An, the Owners hereby covenant that they shall
consent to annexation of this property into the City at such time in the future that any
part of this property adjoins the City and the City Commission determines it to be in
the best interest of the City to annex said property. This covenant shall be binding
upon and run with the property described in Exhibit "An.
15. That the Owners shall hold the City harmless for any expenses, cost claims injuries or
damages arising out of the construction, maintenance and use of the water and
sanitary sewer service herein requested to be provided to said owners, except for
expenses, cost claims, injuries or damages which are caused by the negligence of an
employee or agent of the City.
This agreement shall be binding upon and extended to the heirs, executors, administrators,
trustees, successors and assigns of the respective parties hereto.
THE CITY OF SALINA, KANSAS
BY:&,......tc. ~. J~
Mart a Tasker, Utilities Director
OWNERS:
BY~-<~~~
Thomas R. pestln; ~
By: '-Y Jtm~ d_ - ~~i/
Nancy . Pesti ger
Book: 1139 Page: 1534
I. . 'Amended Water and Sanitary Sewer Connection Agreement and Consent to Future Annexation
(Outside City Limits)
Page 5 of 5
STATE OF KANSAS, COUNTY OF SALINE, SS:
On this ~ 7th-day of Dc+#~u-, 2006 before me a Notary Public in and for said state,
personally appeared Martha Tasker, Utilities Director for the City of Salina, Kansas, known to be
the person who executed on behalf of the City of Salina, Kansas, the within Water and Sanitary
Sewer Connection Agreement and Consent to Future Annexation and acknowledged to me that
she executed the same for the I urpose therein stated"4 L'L
~NOTARY. PUBLIC - State of Kansas ,
Melissa L. Rose .
Mv Appt Expires ~ .~3-" Notary Public
My appointment expires: ~ .~3 -I) ,
STATE OF KANSAS, COUNTY OF SALINE, SS:
On this ~?~ day of Oc.~ ,2006 before me a Notary Public in and for said state,
personally appeared Thomas R. Pestinger and Nancy S. Pestinger known to me to be the same
persons who executed the within Water and Sanitary Sewer Connection Agreement and
Consent to Future Annexation and acknowledged to me that they executed the same for the
purposes therein stated. ~ /,,-
Notary Public
My appointment expires: ~... ;;23...0'
~ .. NOTARY PU.BlIC - State of Kansas
~ Mo;issa L. Rose
rAy l.-,':, E;<pires ~ .P.3..() ,
"l'.:"'-=":~;~_..;.;=-X-.-==r..'::'" ..
TAP NO.
Final Plumbing inspection, completed and approved on
City Inspector
~~
~D'
BOOk: 1139 Page: 1535
AMENDED WATER AND SANITARY SEWER
CONNECTION AGREEMENT
AND
CONSENT TO FUTURE ANNEXATION
(OUTSIDE CITY LIMITS)
EXHIBIT "A"
Thomas R. Pestinger and Nancy S. Pestinger Legal Description
Lot Thirteen (13), in Replat of part of Block One (1), SOUTH INDUSTRIAL
AREA; and Lot Fourteen (14), Block One (1), INDUSTRIAL AREA, all in
Saline County, Kansas
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