Annexation Grand Avenue (King)
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AN AGREEMENT REGARDING
THE ANNEXATION OF THE KING INDUSTRIES TRACT
LOCATED ON THE NORTH SIDE OF
WEST GRAND AVENUE WEST OF DRY CREEK
This Annexation Agreement ("Agreement") is made and entered into this.,.? I g- day of~~L-
___,2004 by and between the City of Salina, Kansas, a municipal corporation, hereinafter referred to
as "City" and King Industries, Inc., hereinafter referred to as "Owner". REgif,fmsC /
!AlNE COONTY IW¥3As~N V
Book: 1091 Page: 1642
Receipt I: 21034 -ìotal Fees: $48.00
Pages Recorded: 9
Date Recorded: 11/4/2084 3:29:29 PM
RECITALS
I.
Owner is the owner of a 40 acre tract of land located in the North half (N/2) of the Northwest Quarter
of Section Eleven (11), Township Fourteen (14) South, Range Three (3) West of the Sixth Principal
Meridian in Saline County, Kansas, hereinafter referred to as the "King Industries Tract" and more
specifically described on the attached Exhibit "A" and depicted on the attached Exhibit "B".
II.
The King Industries Tract is currently shown as a Secondary Service Area for the extension of city
utilities and services and as suitable for future low density residential development in the City of Salina's
Future Land Use Plan.
III.
The King Industries Tract is not currently served by public water and sanitary sewer lines.
IV.
A public water distribution system extending from Broadway Boulevard to the west down Grand
Avenue must be installed in order for additional development or building expansion to occur on the King
Industries Tract.
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 King Industries Tract at the time of actual
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development and to dedicate needed land and easements for public street, utility and drainage
. i~'prové~ents.
Book: 1091 Page: 1643
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.
Amendment of Comprehensive Plan. The City concurrently with approval of this agreement
agrees to amend the Comprehensive Plan of the City of Salina as follows:
a. That the Salina Service Area Map (Figure 18, P, 172) of the Comprehensive Plan of the City
of Salina be amended to show the King Industries Tract changed from a Secondary Service
Area to a Primary Service Area for the extension of City utilities and services and eligibility
for special assessment financing.
b. That the Land Use Map (Figure 11, P. 107) amended to show the King Industries Tract as
future industrial.
2. Annexation by City. The City concurrently with approval of this agreement agrees to annex the
King Industries Tract into the corporate limits of the city.
3.
Improvements to the City's Water Distribution System. Owner understands and acknowledges
that the King Industries Tract is not presently serviceable by the City's public water system. Owner further
understands and acknowledges that without the public water system being extended to serve the Owner's
property, the City can not provide fire protection or issue building permits for new development on the
property.
City has plans in 2005 to design and initiate construction of a new 12 inch water line connection to
the existing 12 inch line near the intersection of Broadway Boulevard and Grand Avenue and to construct
approximately 3,200 lineal feet of new 12 inch water line extending west along the north side of Grand
Avenue. At some point in the future the City may construct an additional 12 inch water line west on North
Street to connect to the 12 inch line in Grand Avenue to create a looped system. Timing of this project is
dependent upon availability of financing and the extent of development in this area.
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. . Book: 1091 Page: 1644
. . Owner agrees to pay it proportional share of the above described water system through participation
in a special assessment benefit district under K.S.A. 12-6901 et seq. based on the cost of installing the 12
inch water line.
Owner understands and acknowledges that Owner will be responsible for connecting to the public
water system and extending water lines into the King Industries Tract to serve development within the tract.
These internal public water line extensions shall be financed privately by Owner or may be financed over
a 15 year period through the creation of a special assessment benefit district under K.S.A. 12-6a01 et seq.
City acknowledges that the unplatted portion of the King Industries Tract is eligible for deferral of
special assessment under state law for up to 15 years so long as it remains unplatted.
4.
Sanitary Sewer Extension. Owner understands and acknowledges that the King Industries Tract
is not presently serviceable by the City's public sanitary sewer system.
Owner understands and
acknowledges that a public sanitary sewer system is needed to make Owner's property developable for
uses that require access to a sanitary sewer system.
Owner agrees to pay its proportionate share of the cost of constructing a public sanitary sewer
collection system to serve Owner's property through participation in a special assessment benefit district.
If a special assessment benefit district for the above described sanitary sewer system is established under
K.S.A. 12-6a01 et seq. the assessment levied on the unplatted portion of the King Industries Tract shall be
deferred until such time as the property is platted.
Owner understands and acknowledges that Owner will be responsible for the design and construction
of internal sanitary sewer lines needed to serve individual building lots within the King Industries Tract.
These internal sanitary sewer line extensions shall be financed privately by Owner or may be financed over
a 15 year period through the creation of a special assessment benefit district under K.S.A. 12-6a01 et. seq.
5.
Street Improvements. Owner understands and acknowledges that Grand Avenue was not
constructed to City street standards and does not meet City standards in its present condition. Owner
agrees to dedicate the necessary right-of-way for Grand Avenue through the platting process. Owner
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Book: 1091 Page: 164~
. con'sehts'to participation in a future special assessment benefit district for improvements to Grand Avenue.
If a special assessment benefit district for Grand Avenue is established under K.S.A. 12-6a01 et seq. the
assessment levied on the unplatted portion of the King Industries Tract shall be deferred until such property
is platted.
Owner understands and acknowledges that Owner will be responsible for the design and construction
of any internal public streets serving individual building lots within the King Industries Tract. The cost of
constructing internal streets shall be financed privately by the Owner or may be publicly financed over a 15
year period through the creation of a special assessment benefit district.
6.
Drainaqe. Owner understands and acknowledges that Owner will be responsible for the
design and construction of private and public storm drainage improvements within the King Industries Tract.
These internal storm drainage improvements (detention basins, inlets, pipelines and flumes) shall be
financed privately by Owner. Public drainage improvements may be publicly financed over a 15 year period
through creation of a special assessment benefit district.
7.
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.
8.
Term. This Agreement shall commence on the date first stated above and shall remain in effect
until the King Industries Tract 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
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Book: 1091 Page: 1646
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.
9.
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 and observe the provisions
of this Agreement.
10. Amendments. This Agreement may only be amended or modified in writing signed by the
parties to this agreement.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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
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. 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.
16. 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 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.
17. Default. Owner and City agree that the annexation and Comprehensive Plan amendment
requested by the Owner promote 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 remedies, legal
or equitable, which the City may have to enforce this Agreement or to obtain damages for its breach.
18. Essential Nexus. The parties agree that an essential nexus exists between the annexation and
Comprehensive Plan amendment requested by the Owner and the City's requirement that Owner pay its
proportionate share of the water main, sanitary sewer, public street and drainage improvements benefiting
Owner' property. 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' property
from the installation of public water and sanitary sewer lines and reconstruction of Grand Avenue.
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.
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Book: 1091 Page: 1648
'IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first
written above.
ATTEST:
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THE CITY OF SALINA, KANSAS
A Municipal Corporation
by
King Industries, Inc.
A Kansas Corporation
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by ~~
Craig lng, Pr iden(
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this ¡:S:t day of :!J:;¿Z:;íJt))/ /1 , 2004, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Monte Shadwick, 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.
KIM FISHER
... NOTARY PU8LIC
STATE OF KANSAS
I My Appt. uplt"'...:1' ,-<
Lr¡ ¡;, ~~",J ~.~ 1
Notary Public
My appointment expires:
BE IT REME MBERED. that on th isdt ~y of ç,. dJ ( '" 1, /". 2004. before me. the u ndersig ned,
a notary public in and for the county and state aforesaið, came Craig King, President of King Industries,
Inc., who is personally known to me to be the same person who executed as such officer the within
instrument of writing on behalf of the City of Salina, Kansas, and such person duly acknowledged the
execution of the same to be the act and deed of said corporation.
IN TESTIMONY WHEREOF, I hereunto set my hand and affixed my official seal the day and
year last above written.
KIM FISHER
.L NOTARY PU8LIC
STATE OF KANSAS
I My Appt. 9XP,¡()-é1"~
-:r;~ - ~/)h~
Notary Public
My appointment expires:
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Book: 1091 Page: 1649
EXHIBIT A
The King Industries Tract is legally described as:
The West Fifty (50) acres of the North Half (N/2) of the Northwest Quarter
(NW/4) of Section Eleven (11), Township Fourteen (14), South, Range Three (3)
West of the 6th P.M., Saline County, Kansas, less portion thereof condemned for
flood control purposes and road right-of-way.
The above described tract includes the King Industries Subdivision.
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Re uest Area
Exhibit B
Book: 1091 Page: 1650
King Industries Tract
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