Annex RiverRun AdditionREGISTER OF OF�D®s C A/
SALINE M NTY KAMW
Books 1064 Pagges 426
Receipt #: 1266! Tetal Fees: 636.!8
AN AGREEMENT REGARDIN(Mes Recorded: 8
THE ANNEXATION OF THE VANIER TRM,&V Rec°rded: 1116/2883 2:58:83 PN
LOCATED AT THE SOUTH END OF MARYMOUNT ROAD
BETWEEN THE ELKS COUNTRY CLUB AND SMOKY HILL RIVER
This Annexation Agreement ("Agreement") is made and entered into this 29th of
October, 2003 by and between the City of Salina, Kansas, a municipal corporation, hereinafter
referred to as "City" and Vanier Properties, L.L.C., hereinafter referred to as "Owner".
RECITALS
Owner is the owner of a 94 acre tract of land located in the Northeast Quarter of Section
Thirty (30), Township Fourteen (14) South, Range Two (2) West and the Southeast Quarter of
Section Nineteen (19), Township Fourteen (14) South, Range Two (2) West of the Sixth Principal
Meridian in Saline County, Kansas, hereinafter referred to as the "Vanier Tract" more specifically
described on the attached Exhibit "A" and depicted on the attached Exhibit "B".
The Vanier Tract is currently shown as a Primary Service Area for the extension of city
utilities and services.
The Vanier Tract is not currently served by public water and sanitary sewer lines except for
an 8 inch water line in Marymount Road that serves the Elks Country Club.
IV.
A fully looped water distribution system extending from the intersection of Marymount Road
and Mariposa Drive south to Magnolia Road must be installed in order for any residential
development to occur on the Vanier Tract.
0
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 Vanier Tract and to dedicate needed land for public street improvements.
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:
Hook: 1064 Page: 427
1. Annexation by City. The City concurrently with approval of this agreement agrees to annex
the Vanier Tract into the corporate limits of the city.
2. Improvements to the City's Water Distribution System. Owner understands and
acknowledges that the Vanier Tract is not adequately serviced by the City's public water system
to provide required fireflows for residential development. Owner further understands and
acknowledges that without the public water system being looped to provide two sources of flow the
City cannot provide fire protection or issue building permits for new residential development.
City agrees to design and initiate construction of an 12 inch water line connection from the
southern edge of the Vanier Tract to the existing 16 inch line on the south side of Magnolia Road
and to acquire the necessary easements from landowners to allow construction of this line.
This looped water system will be complete and operational by June 1, 2004.
Owner agrees to pay one third of the cost of the above described off-site water line
connection and to participate in the special assessment benefit district created to finance the
connection to the Magnolia Road system.
To accommodate residential development on the 41.43 acre tract included in the first phase
of development on the Vanier Tract, Owner will be responsible for designing and constructing an
8 inch water line extending from the existing 8 inch water line in Marymount Road to the southern
boundary of the Vanier Tract to connect to the City's portion of the looped system.
Owner understands and acknowledges that Owner will be responsible for connecting to the
looped water system and extending water lines to serve individual building lots within the Vanier
Tract. These internal public water line extensions shall be financed privately by Owner or may be
publicly financed over a 15 year period through the creation of a special assessment benefit district.
Owner understands and acknowledges that Owner or its successors, heirs and assigns will
also be obligated to pay a hook up charge of $6,048.00 for the Vanier Tract's proportionate share
of the 8 inch water line that connects to the Markley Water Tower payable at the time that final
costs are determined for the water line portion of the special assessment benefit; district.
3. Sanitary Sewer Extension. Owner understands and acknowledges that the Vanier 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. Owner understands and acknowledges that the Vanier Tract will be made sewerable
by the construction an 8 inch off-site sanitary sewer line that will be installed starting at the
northeast corner of the Vanier Tract and extending 105 feet to an existing sewer pump station
2
Book: 1064 Page: 428
(Pump Station 51) located on the west side of the Marymount Road at its intersection with Mariposa
Drive.
Owner agrees to pay 100% of the construction cost of the above described sanitary sewer
extension either privately or through inclusion of this off-site improvement in a special assessment
benefit district. Owner also understands and acknowledges that Owner will be responsible for
constructing internal sanitary sewer lines to serve individual building lots within the Vanier Tract.
These internal improvements shall be financed privately or may be publicly financed over a 15 year
period through the creation of a special assessment benefit district.
Owner understands and acknowledges that Owner or its successors, heirs and assigns will
be obligated to pay a hook up charge of $9,684.81 for the Vanier Tract's proportionate share of the
cost of the pump station payable at the time final costs are determined for the sanitary sewer
portion of the special assessment benefit district.
4. Street Improvements. Owner understands and acknowledges that Marymount Road does
not meet City street standards in its current condition and that the Vanier Tract and abutting
properties were not assessed for the cost of rebuilding Marymount Road north of Mariposa Drive.
City agrees to design and initiate the reconstruction of Marymount Road from Mariposa Drive
to the entrance of the Elks Country Club no earlier than 2006. City agrees to maintain Cloud Street
as an open public roadway or to insure that alternative public street access is available to the
Vanier Tract during the closure and reconstruction of the above described section of Marymount
Road.
Owner agrees to dedicate the necessary right-of-way to allow completion of the Marymount
Road project and to pay its proportionate share of the equivalent cost of reconstruction of two lanes
of Marymount Road to city residential street standards through participation in a special
assessment benefit district.
Should an extension of Marymount Road into the Elks Country Club property become
desirable and feasible in the future, City agrees to initiate the design, acquire the needed right-of-
way and initiate construction of a two lane extension of Marymount Road approximately 1,100 into
the Elks Country Club property.
Owner agrees to dedicate the needed right-of-way on Vanier Tract for construction of an
east -west public street connecting this extension of Marymount Road to the public street system
in the Vanier Tract and to pay its proportionate share of the cost of extending two lanes of
Marymount Road 1,100 feet south of Cloud Street through participation in a Special assessment
3
Hooka i1 O64 PaQ O a 429
benefit district.
Owner understands and acknowledges that owner will be responsible for the design and
construction of internal public streets serving individual building lots within the Vanier Tract and for
the cost of constructing any landscape islands located within the right-of-way of those streets. The
cost of constructing 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.
5. Drainage . Owner understands and acknowledges that Owner will be responsible for the
design and construction of internal storm drainage improvements associated with internal lots and
the public street system within the Vanier Tract. These internal storm drainage improvements
(inlets, pipelines and flumes) shall be financed privately by Owner or may be publicly financed over
a 15 year period through creation of a special assessment benefit district if located within a public
dedicated drainage easement or street right-of-way.
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.
7. Term. This Agreement shall commence on the date first stated above and shall remain in
effect until the Vanier 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
out and complete each task, covenant, and obligation as stated herein. Each of -the parties shall
4
Hooks 1064 Pages 430
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. Governing 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, 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.
15. Assignment. 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. Owner and City agree that the annexation and Comprehensive Flan 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 in
its legislative authority rezone the Vanier Tract or any portion thereof to its previous designations
or such other designations as the City may deem appropriate under the then existing
circumstances, or take such other remedies, legal or equitable, 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 Owner and the City's requirement that
5
Book: 1064 Page: 431
Owner pay its proportionate share of the water main, sanitary sewer, public street and drainage
improvements benefiting Owner's 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's property from the installation of public water and sanitary sewer lines.
Nothing in this agreement shall be construed as limiting the police power of the City to enact
future regulations that apply to the development.
18. 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.
THE CITY OF SALINA, KANSAS
A Municipal Corporation
ATTEST:
by 1
M4
y erk Alan E. Jilka, Malor
Vanier Pr erties, L.L.C.
,,, C _
Rex Vanier, Operating Manager
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this B day ofNS,W�W_r' _, 2003, before
me, the undersigned, a notary public in and for the county and state aforesaid, carne Alan E. Jilka,
Mayor of the City of Salina, Kansas, an& ., 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. * Barbara R. Weber, Deputy City Clerk on behalf of the
City Clerk.
IN TESTIMONY WHEREOF, I hereunto set my hand and affixed my official seal the day
and year last above written.
PENNY DAY
Notary Public - State of Kansas
My Appt. Expires
My appointment expires: tc )J7%ce
STATE OF KANSAS )
) ss
COUNTY OF SALINE )
The foregoing instrument was acknowledged before me this 29th day of October , 2003,
by Rex Vanier on behalf of Vanier Properties, L.L.C.
KENNETH W WASSERMAN
NofaryPublic- tau or Kansas otary Pu is
My APpt. Expires a
n
Hook: 1064 Rage: 432
EXHIBIT "A"
THE PROPERTY THAT IS THE SYBJECT OF THIS AGREEMENT IS LEGALLY
DESCRIBED AS THE RIVER RUN ADDITION TO THE CITY OF SALINA, SALINE
COUNTY, KANSAS AND AN UNPLATTED TRACT OF LAND LOCATED IN THE
NORTHEAST�UARTER OF SECTION 30 X, THE SOUTHEAST QUARTER OF
SECTION 19, TOWNSHIP 14 SOUTH, RANGE 2 WEST OF THE 6T" PRINCIPAL
MERIDIAN, SALINE COUNTY, KANSAS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER;
THENCE ON AN ASSUMED BEARING OF S 00029'20" E ALONG THE EAST LINE OF
SAID QUARTER SECTION A DISTANCE OF 1214.78 FEET TO THE POINT OF
BEGINNING OF THE TRACT TO BE DESCRIBED TO A POINT ON THE
CENTERLINE OF SMOKY HILL RIVERBED;
THENCE N 75008'50" w ALONG SAID CENTERLINE A DISTANCE OF 468.94 FEET;
THENCE N 73047'40" W CONTINUING ALONG SAID CENTERLINE A DISTANCE OF
359.85 FEET;
THENCE N 65029'10" W CONTINUING ALONG SAID CENTERLINE A DISTANCE OF
547.20 FEET;
THENCE N 61057'00" W CONTINUING ALONG SAID CENTERLINE A DISTANCE OF
252.08 FEET TO A POINT ON THE CENTERLINE OF SMOKY HILL RIVER;
THENCE N 12021'03" W ALONG SAID CENTERLINE OF SMOKY HILL RIVER A
DISTANCE OF 309.53 FEET;
THENCE N 08020'19" W CONTINUING ALONG SAID CENTERLINE A DISTANCE OF
577.98 FEET;
THENCE N 09023'38" E CONTINUING ALONG SAID CENTERLINE A DISTANCE OF
486.46 FEET;
THENCE N 35038'56" E CONTINUING ALONG SAID CENTERLINE A DISTANCE OF
535.95 FEET TO A POINT ON THE NORTH LINE OF SAID NORTHEAST QUARTER;
THENCE N 89009'49" E ALONG SAID NORTH LINE, A DISTANCE OF 119.10 FEET;
THENCE S 44023'28" E A DISTANCE OF 358.81 FEET;
THENCE S 160 18'02" W A DISTANCE OF 239.88 FEET;
THENCE S 08034'12" E A DISTANCE OF 184.11 FEET;
THENCE S 130 01'31" E A DISTANCE OF 260.00 FEET;
THENCE S 02007'49" E A DISTANCE OF 160.90 FEET;
THENCE S 81°17'11" E A DISTANCE OF 266.74 FEET;
THENCE N 68054'33" E A DISTANCE OF 91.81 FEET;
THENCE N 83037'11" E A DISTANCE OF 90.81 FEET;
THENCE N 70020'26" E A DISTANCE OF 126.89 FEET;
THENCE N 51043'00" E A DISTANCE OF 147.93 FEET;
THENCE S 38017'00" E A DISTANCE OF 16.71 FEET;
THENCE ON A CURVE TO THE RIGHT HAVING A RADIUS OF 475.00 FEET, A
CHORD BEARING OF S 23057'10" E, A CHORD DISTANCE OF 235.14 FEET, AN
ARC DISTANCE OF 237.61 FEET;
THENCE N 80022'41" E A DISTANCE OF 117.51 FEET BACK TO THE POINT OF
BEGINNING.
THE ABOVE TRACT CONTAINS 52.84 ACRES MORE OR LESS.
Exhibit "B" Book: 1064 Pages 433
Vanier Tract
RiverRun Addition
Unplatted Area
r
Exhibit "B" Book: 10164 Pages 433
VIII\�1 `
1
I
S /�GF
CT -
I
I
I
1
1
1
1
1
1
1
1
1
1
r
r
1
1
1
Vanier Tract
RiverRun Addition
Unplatted Area