AnnexationAN AGREEMENT REGARDING
THE ANNEXATION OF THE YARNEVICH PROPERTY
LOCATED AT 1514 SOUTH MARYMOUNT ROAD
This Annexation Agreement ("Agreement") is made and entered into this ZS of
December, 2003 by and between the City of Salina, Kansas, a municipal corporation, hereinafter
referred to as "City" and George Yarnevich and Margaret Yarnevich, husband and wife,
hereinafter referred to as "Owners".
RECITALS
Owners are the owners of a 1.40 acre tract of land adjoining the current city limits of the city
and located in 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 "Yarnevich property" more specifically described on the attached Exhibit "A" and depicted
on the attached Exhibits "B" and "C".
The Yarnevich property is currently served by an 8 -inch public water line in Marymount Road that
serves the Elks Country Club but is not currently served by a sanitary sewer line.
The Yarnevich property has a fire service contract with the City of Salina but does not currently
have city police protection.
IV.
The Yarnevich property is currently shown as a Primary Service Area for the extension of
city utilities and services.
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 future public street improvements to Marymount Road benefiting the
Yarnevich property.
MI
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:
RE6IE W RA FF DEEDS'-
SALINE CDJ(rY KANSAS
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Pages Recorded:9
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1. Annexation by City. The City concurrently with approval of this agreement agrees to annex
the Yarnevich property into the corporate limits of the city. Owners hereby consent to the
annexation of the Yarnevich property.
2. City's Water Distribution System. The City acknowledges that the Yarnevich property is
adequately serviced by the City's public water system to provide required fireflows for residential
use and development and that the Yarnevich property was previously included in a special
assessment benefit district for the 8 -inch water line serving the property.
3. Sanitary
Sewer Extension. Owners understand and
acknowledge
that the
Yarnevich
property is not
presently serviceable by the City's public
sanitary sewer
system.
Owners
understand and acknowledge that the Yarnevich property will be made sewerable by the
construction of an 8 inch sanitary sewer line that will be installed starting at the northeast corner
of the RiverRun Addition and extending 105 feet to an existing sewer pump station (Pump Station
51) located on the west side of the Marymount Road at its intersection with Mariposa Drive.
Upon annexation, Owners and their successors, heirs and assigns shall riot be required to
connect to the public sanitary sewer system, however, if the existing septic system serving the
property at 1514 South Marymount Road fails or creates conditions which endanger the health and
safety of the public, the City Manager may order Owners and their successors, heirs and assigns
to connect to the sewer system by providing Owners with written notice that connection is required
and the reasons therefor. Owners shall have the option to connect to either the 8 -inch sewer line
south of the Yarnevich property in Block 1 of the RiverRun Addition or the 8 -inch sewer line along
the west side of Marymount Road.
Owners understand and acknowledge that owners and their successors, heirs and assigns
will be obligated to pay a sewer hook up charge based on the adjusted front frontage of their
property at the time of connection to the public sewer system. This connection charge will be
determined by the Director of Utilities.
Owners understand and acknowledge that upon annexation they also have the option of
financing their proportionate share of the RiverRun Addition sewer improvements over a 15 year
period by petitioning to include their property in the special assessment benefit district for RiverRun
Addition public improvements prior to the time that final costs are determined for the sanitary sewer
portion of the RiverRun benefit district.
4. Street Improvements. Owners understand and acknowledge that Marymount Road does
not meet city street standards in its current condition and that the Yarnevich property was not
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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
south to the entrance of the Elks Country Club.
Owners agree to participate in a special assessment benefit district for this section of
Marymount Road and to pay their proportionate share of the cost of reconstructing two lanes of
Marymount Road to city residential street standards.
5. Drainage. Owners understand and acknowledge that stormwater runoff from the Elks
Country Club and RiverRun Addition crosses their property in a natural drainage course and
discharges into the Smoky Hill River. Owners understand and acknowledge that they have the right
to describe and dedicate a drainage easement for this drainage course in order to define and limit
the area where this off-site runoff may cross their property.
6. Zoning and Land Use. City acknowledges and understands that owners currently keep
horses on the subject property for riding purposes. City agrees to allow the stabling of horses on
the Yarnevich property to continue as a preexisting, nonconforming use of the property subject to
the conditions established in Section 7-31(e) of the Salina Code. This right to keep and stable
horses shall be transferable and run with the land until and unless the keeping of horses is
abandoned for a period of twelve (12) consecutive months. All use and occupancy of the property
subsequent to the abandonment of this use shall comply with the regulations of the city's RS
(Residential Suburban) zoning district.
The existing stables on the property may be rebuilt if more than fifty (50) percent damaged
by fire or other natural causes unless such damage occurs after the keeping of horses on the
property has been abandoned.
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.
8. Term. This Agreement shall commence on the date first stated above. 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
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address such apportionment of the costs of the improvements.
9. 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.
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. 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.
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,
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.
16. 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.
17. Default. Owners and City agree that the annexation requested by the Owners promotes the
public health, safety, and welfare so long as Owners fulfill all of the conditions and responsibilities
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as set forth in this Agreement. In the event Owners default in fulfilling any of their 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
requested by the Owners and the City's requirement that Owners pay their proportionate share of
the public street improvements benefiting Owners' property. Further, Owners agree 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 reconstruction of Marymount Road.
Nothing in this agreement shall be construed as limiting the police power of the City to enact
future regulations that apply to this property.
19. 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 04,) Jdh
City Clerk Alan E. Jilka, Ma r
George Y me h
STATE OF KANSAS, SALINE COUNTY, ss:
George and Margaret Yarneviclh
-P'w 'u, -
Margac Yarnev h
BE IT REMEMBERED, that on this 0' day of �L� _, 2003, before
me, the undersigned, a notary public in and for the county and state aforesaid, came Alan E. Jilka,
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.
PENNY DAY
Notary Public - tate of Kansas
MY Appt. Expires
Notary Publi
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My appointment expires:
STATE OF KANSAS )
) ss.
COUNTY OF SALINE )
The foregoing instrument was acknowledged before me thisl day of bfCt'm , 2003,
by George Yarnevich and Margaret Yarnevich, husband and wife.
r. u uH
OL
K 2007vi
I"\_ ti -t
Notary Public
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EXHIBIT "A"
A tract of land in the Southeast Quarter (SE 1/4) of Section Nineteen (19), Township
Fourteen (14) South, Range Two (2) West of the Sixth Principal Meridian, in Saline
County, Kansas, described as follows:
Beginning at a point on the east line of said Section Nineteen (19), 412.5 feet south of
the Northeast corner of the South Half of the Southeast Quarter (S 1/2 SE 1/4) of said
section; thence west along a line parallel with the South line of said section to the
middle of the Smoky Hill River; thence in a southerly direction along the middle of said
river to a point 532.5 feet south of the north line of the South half of the Southeast
Quarter (S 1/2 SE 1/4) of said section (being 120 feet south of the North line of the tract
herein described); thence East along a line parallel with the South line of said section to
a point 313 feet west of the East line of said section; thence in a Northeasterly direction
along a straight line to a point 424.5 feet south of the North line of the South Half of the
Southeast Quarter (S 1/2 SE 1/4) of said section (being 12 feet south of the north line of
the tract herein described) and 50 feet west of the East line of said Section; thence East
along a straight line to a point on the East line of said Section, 12 feet south of the point
of beginning; thence North along said line to the point of beginning.
EXHIBIT "B"
uest Area
1 Inch = 300 Feet
910
Application #A03-7
Filed by George &
Margaret Yarnevich
RRUN P_
EXHIBIT itcli
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YARNEVICH PROPERTY
1514 S. MARYTAOUNT RD.
SUBJECT PROPERTY
MARYMOUNT ROAD
to
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Cly NlAt-
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