Annex Elks Country Club
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AN AGREEMENT REGARDING
THE ANNEXATION OF A PORTION OF THE ELKS COUNTRY CLUB
LOCATED AT THE SOUTH END OF MARYMOUNT ROAD
This Annexation Agreement ("Agreement") is made and entered into this 11 th of
October
Sl~~ 2004 by and between the City of Salina, Kansas, a municipal corporation, hereinafter
referred to as "City" and Elks Home Association hereinafter referred to as "Owner".
RECITALS
I.
Owner is the owner of a 125 acre tract of land located in the Northwest Quarter of Section
Twenty Nine (29), Township Fourteen (14) South, Range Two (2) West of the Sixth Principal
Meridian in Saline County, Kansas, hereinafter referred to as the "Elks Country Club" more
particularly described on the attached Exhibit "A" and depicted on the attached Exhibit "B".
II.
The Elks Country Club is currently used as a golf course, swimming pool, restaurant and
other uses consistent with the operation of a private country club.
III.
The Elks Country Club is currently served by an 8 inch public water line that runs from East
Crawford street south along Marymount Road to the north boundary of the club property through
an agreement with the City dated August 8, 1966.
IV.
Owner and City have agreed it is beneficial to have a portion of the Elks Country Club
annexed into the corporate limits of the City of Salina, Kansas.
v.
The Elks Country Club is currently shown as a Primary Service Area for the City of Salina.
VI.
This agreement is being entered into pursuant to the authority granted by K.S.A. 12 - 535.
Book: 1089 Page: 1720
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
a portion of the Elks Country Club, including the clubhouse, parking lot and pool areas into the
corporate limits of the city. The annexation area is described on the attached Exhibit "C" and
depicted on the attached Exhibit "D".
2.
Street Improvements. Owner understands and acknowledges that Marymount Road does
not meet City street standards in its current condition and that the Elks Country Club and certain
other properties were not assessed for the cost of reconstruction of Marymount Road north of
Cedar Ridge Drive.
City agrees to design and initiate the reconstruction of Marymount Road from Cedar Ridge
Drive to the entrance of the Elks Country Club as an improvement under K.S.A. 12-16a-01 et seq.
City agrees to maintain Cloud Street as an open public roadway or to otherwise insure that
alternative public street access is available to the Elks Country Club during the closure and
reconstruction of the above described section of Marymount Road.
Owner agrees to inclusion of the annexed portion of its tract in a special assessment benefit
district established under K.S.A. 12-6a01 et seq., and to pay its proportionate share of cost for the
reconstruction of the above described section of Marymount Road.
3.
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.
4.
Term. This Agreement shall commence on the date first stated above and shall remain in
effect until the annexed territory is fully served by the planned public improvements, 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
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Book: 1089 Page: 1721
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.
5.
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.
6.
Amendments. This Agreement may only be amended or modified in writing signed by the
parties to this agreement.
7.
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.
8.
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.
9.
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.
10.
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.
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11,
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 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.
12.
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.
13.
Default. Owner and City agree that the annexation requested by the Owner promotes 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.
14.
Recordation. This Agreement shall be filed in the Office of the Register of Deeds in Saline,
County, Kansas at City's cost and expense.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and
year first written above.
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ATTEST:
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City Clerk ð
Book: 1089 Page: 1723
THE CITY OF SALINA, KANSAS
A Municipal Corporation
by k;tJ
MQnte Shadwick, Mayor
Elk's Home Association
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¿{JaJ[:\- iL) ¿l¿£tt,r~ rCü,,-
Walter William Fair, President
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Ke neth Fiske, Vice President
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Frank C. Norton
4~æ#d
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Book: 1089 Page: 1724
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this 11 th day of Octohf'r , 2004, before
me, the undersigned, a notary public in and for the county and state aforesaid, came Monte Shadwi ck
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.
~~~d:..¡
My appointment expires:
STATE OF KANSAS
1\ . MODENE SMITH
~ Notary Public - State of Kansas
My Appt. Expires i) '-I -/ J -~o
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COUNTY OF SALINE )
The foregoing instrument was acknowledged before me this I ttt-- day OfO~)OÎlP , 2004,
by Walter William Fair, President, Kenneth Fiske, Vice President, Frank C. Norton, Director, Walter
Crider, Director and Gary Stansberry, secrita~ on, b~half of),he Elk's Home Association.
ft . LIEU ANN ELSEY ~tl~ ~
~ Notary Publiç-State of Kansas Notary Public
My Appt Expires ~ - c.
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Book: 1089 Page: 1725
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Exhibit "A"
The Elks Country Club is legally described as the Northwest Quarter (NW 1/4) of Section
Twenty-Nine (29), Township Fourteen (14) South, Range Two (2) West of the Sixth Principal
Meridian in Saline County, Kansas except the East 34 acres thereof.
Exhibit B
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1726
Elks Country Club
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Exhibit "C"
Annexation Tract
The tract to be annexed is legally described as a tract of land in the Northwest Quarter (NW 1/4)
of Section Twenty-nine (29) in Township Fourteen (14) South, Range Two (2) West of the Sixth
Principal Meridian, Saline County, Kansas, more particularly described as follows:
Beginning at the Northwest Corner of said Section Twenty-nine;
thence South 00° 29' 20" East, a distance of One thousand Four hundred and Seventy and
no hundredths (1470.00) feet;
thence North 89° 49' 41" East, a distance of Six hundred and no hundredths (600.00) feet;
thence North 00° 29' 20" West, a distance of Five hundred and no hundredths (500.00)
feet;
thence South 89° 49' 41" West, a distance of Four hundred and Fifty and no hundredths
(450.00) feet;
thence North 00° 29' 20" West, a distance of Nine hundred and Seventy and no hundredths
(970.00) feet;
thence South 89° 49' 41" West, a distance of One hundred and Fifty and no hundredths
(150.00) feet; back to the point of beginning:
The above described tract contains 10.22 acres.
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Exhibit D
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REBECCA SEEMAN e..- N /
REGISTER (F DEEDS V
~ I HE COUNTY KANSAS
Book: 1089 Page: 1719 -I ~~
eceipt I: 20428 lotal Fees: $44.00
ages Recorded: 10
Date Recorded: 10/12/2004 11:12:43 AM
i.{!{O/ CitY cler-K- (2['ndy
Elks Country Club
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