Consent to Annex for UtilityREBECCA SEENAN
REGISTER OF DEEDS C
SALINE COUNTY KANSAS
I�'
Hook—Page: 1025-931
Receipt 8: 5632 Total Fees: $28.88
Date Recorded: 18/24/2882 2:18:29 PM
WATER AND SANITARY SEWER CONNECTION AGREEMENT
AND
CONSENT TO FUTURE ANNEXATION
(OUTSIDE CITY LIMITS)
THIS AGREEMENT, made and entered into this / W day of Oct. , 2002, by
and between the City of Salina, Kansas, hereinafter referred to as the "City", and Richard J. Wise
and Susan C. Wise, hereinafter referred to as the "Owners".
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.
Owners hereby request permission to make connection with the City water main and
sanitary sewer main and the City agrees to furnish water and sanitary sewer service to the
following described property, to -wit:
(See attached Exhibit "A")
under the following terms and conditions, to -wit:
1. That Owners shall fund and maintain all water and sanitary sewer service lines
required to serve the above described property and the Owners shall own all said water
and sanitary sewer lines, etc. installed by Owners.
2. That 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 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 Owners.
3. That 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.
4. That Owners shall be responsible for maintenance and care of water meter as
provided in the City ordinance.
5. That the Owners grant the City and its duly authorized employees or agents the right
to inspect premises at all reasonable times to determine compliance with this agreement
and the City ordinance now in effect or hereinafeter amended pertaining to water and
sanitary sewer service.
Hook—Page: 1025-932
WATER AND SANITARY SEWER CONNECTION AGREEMENT AND
CONSENT TO FUTURE ANNEXATION
(OUTSIDE CITY LIMITS)
PAGE TWO
6. That water and sanitary sewer service authorized by this agreement shall be used only
for the purpose of serving industrial uses within the area designated on Exhibit "A".
7. 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.
8. That a new application for water and sanitary sewer 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 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.
10. That 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 Director of Utilities.
11. All billings and collections for water and sanitary sewer service shall be pursuant to
City ordinances now in effect or as hereinafter amended.
12. The water and sanitary sewer connection fees for this tract (Exhibit "A") were paid
by the John Deere Co. (Original Connection Agreement, dated November 26, 1973).
13. That in consideration of the City's delivery of water and sanitary sewer service to the
property, designated on Exhibit "A" 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 "A".
14. 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.
Book—Page:
WATER AND SANITARY SEWER CONNECTION AGREEMENT AND
CONSENT TO FUTURE ANNEXATION
(OUTSIDE CITY LIMITS)
PAGE THREE
1025-933
This agreement shall be binding upon and extended to the heirs, executors, administrators,
trustees and assigns of the respective parties hereto.
THE CITYOF SALINA, KANSAS
By: -� ,
Don Hoff, Director of Uti ities
OWNE13;..-,
By
Richard J. Wise
By:�t�6z �� zX
Susan C. Wise
STATE OF KANSAS, COUNTY OF SALINE, SS:
On this day of , 200 , before me a Notary Public in qd for said state,
personally, appeared .rim 7`"�� �' -i2I known
to me to be the persons who exe ted the within Water sand 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 - State of Kansas
JUDY E. E T
MY Apt EXP.
My appointment expires:
STATE OF KANSAS COUNTY OF SALINE, SS:
Notary P lic 1119
On this I r day of � , 2002, before me a Notary Public in and for said
state, personally appeared Don Hoff, Director of Utilities for the City of Salina, Kansas, known to
me 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 he executed the same for the purposes therein stated.
NOTARY Pl SW d Karr
TRINA ANG IANp
.nn.awww
my Comm. Exp.
My appointment expires: q -a4-06:1
Final plumbing inspection, completed and approved,
Notary Public
CONTRACT NO.
TAP NO.
Plumbing Inspector
City of Salina
2002.
Book—Page: 1025-934
Richard J. and Susan C. Wise
Exhibit "A"
The West Two Hundred Feet (W200') of Lot Eight (8), and all of Lot Seven (7), less the West
Two Hundred Feet (W200') thereof, all in Block One (1), Replat of South Salina Service Center
Addition, Planned Unit Development, to the City of Salina, Saline County, Kansas.
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