Loading...
Annex Water Connect F .J LA i Salina Annexation Agreement ; Salina Engine Supply 08-05-96 & 06-04-96 I _� C I s -r --- - _- _ -" i � '"� v, r i Sal . Engine Supple ; 08-05-96i Sal ria Engine Supply. Inc. i 411)6-04-96 01 - - 6- 0f / - . rr-:----Pacific Avz Z' __ - - rj. t Pacific+Ct OId,Highway 40'at N If i ..-- .........-- ------ 111 ,_--.„:•---:---- - f : "r' Woodland Ave - L -tel .. - ‘4.1.,..f..„..------!------" - ; _ t -.ie- '' ■ • ..me Ita..; Pg qSfL , \ ; N WATER CONNECTION AGREEMENT FILED FOR RECORD INMYOFFICEAT AND CONSENT TO FUTURE ANNEXATION AU, 1 4 1996 ::~i6 o . ATPAGE Qc.5D.q6:3 REG.OFDEE~ THIS AGREEMENT, made and entered into this ~ day of ~/~ c:. , 1996, by and between the City of Salina, Kansas, (OUTSIDE CITY LIMITS) hereinafter referred to as the IICityll, and Salina Engine Supply, Inc. hereinafter referred to as the IIConsumerll. WITNESSETH: In consideration of the payments herein provided and the mutual covenants and agreement 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 service to the following described property, to-wit: A tract of land in the Southwest Quarter (SW1/4) of Section Six (6), Township Fourteen (14) South, Range Two (2) West of the 6th P.M., Saline County, Kansas, more particularly described as follows: Beginning at a point 398 feet South and 74.81 feet East of the Northwest corner of the SW1/4 of said Section; thence N89039'301lE a distance of 439.83 feet; thence NOOoOO'OOIlE a distance of 2.5 feet; thence N89039130llE a distance of 143.06 feet; thence SOOoOO'OOIlE a distance of 304.71 feet; thence S890 39'301lW a distance of 597.7 feet; thence NOOoOO'OOIlE a distance of 99.61 feet; thence N04010'4211E a distance of 203.23 feet to the point of beginning. The above described real estate constitutes part of Lots 2, 3, and 4, Golden Acres Addition to Saline County, Kansas. under the following terms and conditions, to-wit: 1. That Consumer shall fund and maintain all water lines required to serve the above described property and the Consumer shall own all said water lines, valves, etc. installed by Consumer. 2. That City agrees to provide the Consumer with the necessary water meter. The Consumer agrees to post a cash deposit with the City, which shall be equal to the City's cost for the meter. The Mise. Bk I t.z ~ Pg qs I . . WATER CONNECTION AGREEMENT AND CONSENT TO FUTURE ANNEXATION (OUTSIDE CITY LIMITS) PAGE TWO deposit shall be refunded to the Consumer upon return of the meter to the City in proper operating condition; provided, however, that in the event the property served by this agreement is 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 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 pol icies. 4. That Consumer shall be responsible for damages to said water meter as provided in the City ordinances. 5. That the Consumer grants the City and its 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 service. 6. That water service authorized by this agreement shall be used only for the purpose of serving industrial uses within the above described property. 7. That the City reserves the right to curtail or terminate water service in the event of unforeseen emergency or disaster. The City assumes no responsibility for damage resulting from variance in water pressure or volume. 8. 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. 9. That Consumer 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 commingled with the City water supply. Misc. Bk.Lftcl- PI[ 182:::. . WATER CONNECTION AGREEMENT AND CONSENT TO FUTURE ANNEXATION (OUTISDE CITY LIMITS) PAGE THREE 10. That Consumer agrees to furnish and pay all expenses connected with the installation of a backflow preventer which shall be installed at a location to be designated by the City and in accordance with the specifications and requirements of the Director of Utilities. 11. All billings and collections for water service shall be pursuant to City ordinances now in effect or as hereinafter amended. 12. The Consumer agrees to pay the City a connection fee of $5.32 per front foot of property. This tract has 302.20 ft. of frontage along Ohio Street. The total connection fee, therefore, is $1,607.70. This fee shall not include tapping charges or other plumbing costs. 13. That in consideration of the City's delivery of water services to the above described property the Consumer hereby covenants 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 above. 14. 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. This agreement shall be binding upon and extend to the heirs, executors, administrators, trustees and assigns of the respective parties hereto. Misc. BkLl>> 14 Pg crJ?J " p WATER CONNECTION AGREEMENT AND CONSENT TO FUTURE ANNEXATION (OUTSIDE CITY LIMITS) PAGE FOUR CONSUMER: SALINA ENGINE Supply -'- INC. / ) STATE OF KANSAS COUNTY OF SALINE, SS: On thi s ~day of YJ {Ly::::', 1996, before me a Notary Publ i c in and for sald state, personal~ appeared Russell Roberg, CEO and Tod Roberg, President of Salina Engine Supply, Inc. known to me to be the persons who executed on behalf of said Corporation, the within Water Connection Agreement and Consent to Future Annexation, and acknowledged to me that they executed the same for the purposes therein stated. ~... DEANNA l. TURNER . NOTARY PUBLIC -.. STATE OF KANSAS MY APPT. EXPtRES I . (" My appointment expires: /[/3;C/ 7 {1 / ! i , . / . i t / t.-ti/z Fl (} ~,~ r]JA /1 tA ./ Notary Public ' STATE OF KANSAS COUNTY OF SALINE, SS: On this '-1-1:.=(. day of. , 1996, before me a Notary Public in and for said state, er onally appeared Don Hoff, Director of Engineering and Utilities for the ity of Salina, Kansas, known to me to be the person who executed on behalf of the City of Salina, Kansas, the within Water Connection Agreement and Consent to Future Annexation, and acknowledged to me that he executed the same for the purposes therein stated. A . LaDONNA BENNETT - Notary Public - Stale 01 Kansas My Appt. Expires Oct. 23,1998 e:Q~LU ~~-'1-f)pyj- Notary Public My appointment expires: ~ \ J.-- Q I '-t- Y OJ Qr-{,--