Agr Annex South Industrial AreaREGISEDAN
STER OF DEEDS Al
SALINE MUNTY KANSAS
Book: 1075 Pay: 1701
Receipt 0: 16187 Total Fees: $24.00
Pages Recorded: 5
AN AGREEMENT REGARDING THEDate Recorded: 4/21/2064 18:35:28 AM
ANNEXATION OF WALLCLAY, LLC, PROPERTY
LOCATED ON SOUTH NINTH STREET
This Annexation Agreement ("Agreement") is made and entered into this �
day of March, 2004, by and between the CITY OF SALINA, KANSAS, a municipal
corporation, hereinafter referred to as "City", and WALLCLAY, LLC, a Kansas limited
liability company, hereinafter referred to as "Wallclay".
RECITALS
1. Wallclay is the owner of an approximate 2.27 acre tract of land located in
the South Industrial Area, Saline County, Kansas, and legally described as follows, to -
wit:
Lots Nineteen (19) and Twenty (20), Block Two (2), South Industrial Area,
Saline County, Kansas (hereinafter referred to as "Wallclay Property").
2. The Saline County Planning Commission approved a Conditional Use
Permit on December 1, 2003, to allow a mini -storage facility to be constructed on the
Wallclay Property.
3. Public water service is available to the Wallclay Property from a 12 -inch
public water line in South Ninth Street and a 6 -inch public water line in Avenue B, said
water line does not presently serve the Wallclay Property.
4. The Wallclay Property is not currently served by a sanitary sewer line but
there is a public sanitary sewer line accessible on the north side of Avenue B.
Salina.
5. The Wallclay Property currently has a fire service contract with the City of
6. The Wallclay Property is currently shown as a Primary Service Area for
the extension of city utilities and services.
7. It is the policy of the City of Salina that annexation is required prior to city
utilities and services being extended to any site.
8. Wallclay 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 subject to the
terms and conditions of this Agreement.
9. This Agreement is being entered into pursuant to the authority granted by
K.S.A. 12-535.
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NOW, THEREFORE, IN CONSIDERATION of the mutual covenants contained
herein, the parties do hereby agree as follows:
1. Annexation by City. The City concurrent with approval of this Agreement
agrees to annex the Wallclay Property into the corporate limits of the City.
2. City's Water Distribution System. The City acknowledges that water is
readily accessible to the Wallclay Property for domestic service and fire protection.
Wallclay shall connect to water services in accordance with its Site Development Plan
approved by the City Planning Commission on February 17, 2004. It is anticipated that a
domestic water tap will be made along the 6 -inch water line in Avenue El and one or
more fire hydrant taps will be made along South Ninth Street. Wallclay understands and
acknowledges that Wallclay, their successors and assigns, will be obligated to pay
water hookup charges to be equitably determined by the Utilities Director.
3. Sanitary Sewer Extension. The City's present public sanitary sewer
system currently extends south through the South Industrial Area to the north side of
Avenue B. Wallclay understands and acknowledges that the City has extended its
public sanitary sewer line along the west side of South Ninth Street making sewer
service accessible to the Wallclay Property. Upon annexation Wallclay agrees to
connect to the existing public sanitary sewer system along the north side of Avenue B
by the establishment of a private line extended to said sewer system. Wallclay shall
however retain the option to connect to the public sanitary sewer line along South Ninth
Street. Wallclay understands and acknowledges that Wallclay, its successors and
assigns, will be obligated to pay a sewer hookup charge at the time of its connection to
the public sewer system. This connection charge will determined by the Utilities
Director.
4. Drainage. Wallclay and City agree that Wallclay shall not be required to
construct a detention pond or other storm water drainage structure on the Wallclay
Property, but that instead shall be permitted to drain stormwater runoff off of said
property to the west through its present natural course.
5. 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 public improvements
K
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made in the area to be annexed between the City at large and the area to be annexed.
For that reason, the parties hereto 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 cost of improvements to be rnade and 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.
6. 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 benefit 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.
7. Amendments. This Agreement may only be amended or modified in
writing signed by the parties to this Agreement.
8. 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 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.
9. 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.
10. 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.
11. 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 gender, as the context
shall warrant.
12. Relationship of Parties. Neither the method of computation of funding or
any other provisions contained in this Agreement or any acts of any party hereto shall
be deemed or construed by the City, Wallclay, or by any third person to create the
3
relationship of partnership or of joint venture or of any association between the parties
other than the contractual relationships stated in this Agreement.
13. Assignment. In the case of the assignment of this Agreement by any of the
parties, prompt written notice shall be given to the other party 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.
14. Default. Wallclay and City agree that the annexation requested by
Wallclay promotes the public health, safety and welfare so long as Wallclay fulfills all of
the conditions and responsibilities set forth in this Agreement. In the event Wallclay
defaults in fulfilling any of their covenants and responsibilities as set forth in this
Agreement, the City may seek such remedies, legal or equitable, which the City may
have to enforce this Agreement or to obtain damages for its breach.
15. Essential Nexus. The parties agree that an essential nexus exists between
the annexation requested by Wallclay and the City's requirement that Wallclay pay their
proportionate share of public improvements benefiting the Wallclay Property. Further,
both the City and Wallclay agree that the cost responsibilities ultimately imposed upon
Wallclay by this Agreement will be roughly proportional, both in nature and extent, to the
benefit received by the Wallclay Property. Nothing in this Agreement shall be
constructed as limiting the police power of the City to enact future regulations that apply
to the Wallclay Property.
16. Recordation. This Agreement shall be filed in the Office of the Register of
Deeds in Saline County, Kansas, at the cost and expense of the City.
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IN WITNESS WHEREOF, the parties have hereto executed this Agreement on
the day and year first written above.
THE CITY OF SALINA, KANSAS
a Municipal Corporation
ATT ST:
by:m4zn) (�� -
ALAN E. 3ILKA, Mayor
City Clerk
WALLCLAY, LLC
by: ��---
L. CLAY TH PSON, Member
by: / --Lz
NANCY E HOMPSON,
by:
STATE OF KANSAS, SALINE COUNTY, ss:
M jHOL S5fll, Member
L. JgOL E -S, Member
The foregoing Agreement was acknowledged before me this IS% day of March,
2004, by A I&n U. it I1(a , Mayor, and L eLL Aran EI -Se , City
Clerk, of The City of Salina, Saline County, Kansas, as the act and d ed of said City.
PENNY DAY Notar Public
> Notary Public- State pf Kansas y
My Appt. Expires
My Appt. Expires: [01-7 [C)L-C
STATE OF KANSAS, SALINE COUNTY, ss:
The foregoing Agreement was acknowledged before me this J S day of
March, 2004, by L. Clay Thompson and Nancy E. Thompson, husband and wife,
Members of Wallclay, LLC, a Kansas Limited Liability Company, as the act and deed of
said limited liability company.
SUSAN K. FOSE
NnTARY PUBLIC
3T. rF OF KANSAS Nota Public
IIII6' C"�.: ! )(f 2Cc1:' Notary
My Appt. Expires:4 i tr t�c�(r
STATE OF KANSAS, SALINE COUNTY, ss:
The foregoing Agreement was acknowledged before me this sN day of
March, 2004, by Wallace M. Holmes III and Janis L. Holmes, husband and wife,
Members of Wallclay, LLC, a Kansas Limited Liability Company, as the act and deed of
said limited liability company.
i nTARY PU8t aC Nota Public
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s'C1JF OF KANSAS � Notary
My Appt. Expires: i -�7_1 &oto,