Annexation Grand Avenue (Ochs)
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AN AGREEMENT REGARDING
THE ANNEXATION OF THE TWIN OAKS INDUSTRIES TRACT
LOCATED ON THE SOUTH SIDE OF
GRAND AVENUE WEST OF DRY CREEK
This Annexation Agreement ("Agreement") is made and entered into this Z¿rJ day Of~
, 2004 by and between the City of Salina, Kansas, a municipal corporation, hereinafter referred to
as "City" and Connie A. and Timothy R. Ochs hereinafter referred to as "Owners".
RECITALS
I.
Owners are the owners of a 6.9 acre tract of land located in the South half (S/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 "Twin Oaks Industries Tract" and more
specifically described on the attached Exhibit "A" and depicted on the attached Exhibit "B".
II.
The Twin Oaks Industries Tract is currently shown as a Primary Service Area for the extension of
city utilities and services and as suitable for industrial development in the City of Salina's Future Land Use
Plan.
III.
The Twin Oaks 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 expansion to occur on the Twin Oaks
I ndustries Tract.
V.
Owners have 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 Owners
and their successors, heirs and assigns will be obligated to pay their proportionate share of water main,
sanitary sewer, public street and drainage improvements serving the Twin Oaks Industries Tract at the time
of construction of those improvements and to dedicate needed land and easements for public street, utility
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. ~:li'ld drainage improvements serving the property.
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. Annexation by City. The City concurrently with approval of this agreement agrees to annex the
Twin Oaks Industries Tract into the corporate limits of the city.
2.
Improvements to the City's Water Distribution System. Owners understand and acknowledge
that the Twin Oaks Industries Tract is not presently serviceable by the City's public water system. Owners
further understand and acknowledge that without the public water system being extended to serve the
Owners' 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.
Owners agree to dedicate a 20 foot utility easement along the west property line of the Twin Oaks
Industries Tract and to pay their 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.
Owners understand and acknowledge that Owners will be responsible for connecting to the public
water system and extending water lines into the Twin Oaks Industries Tract to serve additional development
on the tract. If these internal water line extensions are public lines, they may be financed privately by
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'. pw~ers 'or may be financed over a 15 year period through the creatic:f¡\¡CUf ~ =Sp~ð~~:ls~~m~nAknefit
district under K.S.A. 12-6a01 et seq.
3.
Sanitary Sewer Extension. Owners understand and acknowledge that the Twin Oaks Industries
Tract is not presently serviceable by the City's public sanitary sewer system. Owners understand and
acknowledge that a public sanitary sewer system is needed to make Owners' property developable for uses
or processes that require access to a public sewer system. Owners agree to pay their proportionate share
of the cost of constructing a public sanitary sewer collection system to serve Owners' property through
participation in a special assessment benefit district.
Owners understand and acknowledge that Owners
will be responsible for the design and construction of internal sanitary sewer lines needed to serve
additional development within the Twin Oaks Industries Tract. If these are public sanitary sewer line
extensions they may be financed privately by Owners 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.
4. Street Improvements. Owners understand and acknowledge that Grand Avenue was not
constructed to city street standards and does not meet city standards in its present condition. Owners
agree to dedicate the necessary right-of-way for Grand Avenue if it is reconstructed to city standards.
Owners hereby consent to participation in a future special assessment benefit district for improvements to
Grand Avenue.
Owners understand and acknowledge that Owners will be responsible for the design and
construction of any internal public streets serving individual building lots within the Twin Oaks Industries
Tract. The cost of constructing internal streets shall be financed privately by the Owners or may be publicly
financed over a 15 year period through the creation of a special assessment benefit district.
5. Drainage. Owners understand and acknowledge that Owners will be responsible for the design
and construction of internal storm drainage improvements within the Twin Oaks Industries Tract. These
internal storm drainage improvements (detention basins, inlets, pipelines and flumes) shall be financed
privately by Owners. Any public drainage improvements may be financed over a 15 year period through
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Book: 1104 Page: SS
privately by Owners. Any public drainage improvements may be financed over a 15 year period through
creation of a special assessment benefit district.
6.
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.
7.
Term. This Agreement shall commence on the date first stated above and shall remain in effect
until the Twin Oaks 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 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.
8.
Binding 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.
9.
Amendments, This Agreement may only be amended or modified in writing signed by the
parties to this agreement.
10.
Further Assurances. Each party will use its best and reasonable efforts to successfully carry
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'. 9ut ånd 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.
11. 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,
12. 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.
13. 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.
14. 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, Owners,
or 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.
15. 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.
16. Default. Owners and City agree that the annexation and Comprehensive Plan amendment
requested by the Owners promote the public health, safety, and welfare so long as Owners fulfills all of the
conditions and responsibilities as set forth in this Agreement. In the event Owners defaults in fulfilling any
of its covenants and responsibilities as set forth in this Agreement, the City may take such remedies, legal
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'. 91" equitâble, which the City may have to enforce this Agreement or to obtain damages for its breach,
17. Essential Nexus. The parties agree that an essential nexus exists between the annexation and
Comprehensive Plan amendment requested by the Owners and the City's requirement that Owners pay its
proportionate share of the water main, sanitary sewer, public street and drainage improvements benefiting
Owners' property. Further, Owners agrees that the cost responsibilities imposed upon Owners by this
Agreement are roughly proportional, both in nature and extent to the benefit received by Owners' 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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, 'IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first
written above.
THE CITY OF SALINA, KANSAS
A Municipal Corporation
ATTEST:
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City Clerk
by
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Connie A. Fry
Formerly known as onnie A. Ochs
~~
Timothy R. ~ - s -
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this / 3~ day of I.()-û ~ , 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. ~
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No ry Public
~ KARí:;¡l..l£
, ,i -: l'Iot!lry Pu~::c - State of K:>r."M
:.., .. My Appt. Expires" -// .ð(",
My appointment expires:
$' -// -é)"
STATE OF KANSAS
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COUNTY OF SALINE
The foregoing instrument was acknowledged before me this z.. "Z..aay of fuL, 2004,
by Connie A. Fry formerly known as Connie A. 0 and Timothy R. Ochs.
My appointment expires:
f -/ / - 0 ~
BURKE LEE MATTHEWd
NOrMY PUEUC f
,. STATE OF KANSAS ¡
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EXHIBIT A
The Twin Oaks Industries Tract is legally described as:
A tract of land in Saline County, Kansas, in the Southwest Quarter (SW/4) of the
Northwest Quarter (NW/4) of Section Eleven (11), Township Fourteen (14)
South, Range Three (3) West of the Sixth Principal Meridian, described as
follows:
Using the West line of said section as being true North, starting at a point of the
East-West Quarter Section Line of said section, S 89°41 '15" E a distance of
379.44 feet; thence N 0°00'00" W a distance of 1316.64 feet to the North line of
the Northwest Quarter (NW/4) of the Southwest Quarter (SW/4) of the Northwest
Quarter (NW/4) of said Section 11; thence S 89°39'58" E along said line a
distance of 198.50 feet to the point of beginning of the tract; thence continuing
along said line a distance of 478.08 feet, thence S 0°00'00" a distance of 658.26
feet to the North line of the Southwest Quarter (SW/4) of the Southwest Quarter
(SW/4) of the Northwest Quarter (NW/4) of said Section 11, thence N 89°40'36"
W along said line a distance of 478.08 feet; thence N 0°00'00" E a distance of
658.26 feet to the point of beginning, subject to an existing road right-of-way
along the north end of the tract.
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Exhibit B
, REBECCA SEEMAN
REGISTER IF DEEDS C ~
SALINE ro.JNTY KANSAS
Book: 1104 Pa e 8 -q~
Receipt I: 25187 ~al e!: $40.
Pages Recorded: 9
Date Recorded: 5/10/2005 4:19:4 PM
Twin Oaks Industries Tract
Re uest Area
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1 Inch = 600 Feet