Annexation Agreement
AN AGREEMENT REGARDING
THE ANNEXATION OF THE QUAIL MEADOWS TRACT
LOCATED AT THE NORTHWEST CORNER
SCHILLING ROAD AND OHIO STREET
This Annexation Agreement ("Agreement") is made and entered into this .3 O-p;.... day of
~, 2004 by and between the City of Salina, Kansas, a municipal corporation, hereinafter
referred to as "City" Quail Meadow Property, Inc. and James R. Caywood, hereinafter referred to as
"Owners".
RECITALS
I.
Owners are the owners of a 76.14 acre tract of land located in the South half (S/2) of the
Southeast Quarter (SE 1j.¡) of Section Thirty-six (36), Township Fourteen (14) South, Range Three
(3) West of the Sixth Principal Meridian in Saline County, Kansas, hereinafter referred to as the
"Quail Meadows Tract" and more specifically described on the attached Exhibit "A" and depicted on
the attached Exhibit "B",
II.
The Quail Meadows Tract is currently shown as a Primary Service Area for the extension of
city utilities and services and as suitable for future low density residential development in the City of
Salina's Future Land Use Plan.
III.
The Quail Meadows Tract is not currently served by public water lines except for a portion
thereof depicted on the attached Exhibit "C".
IV.
A fully looped water distribution system extending from the intersection of Magnolia Road and
Ohio Street south to Schilling Road and west to the Union Pacific Railroad tracks must be installed
in order for development to occur in the southern and eastern portions of the Quail Meadows Tract.
REBECCA SEEMAN .,/"
R£61ST£R (f MOO C
SA!.. I NE. COUNTY KANSAS N
Book: 1094 Page: 966
Receipt I: 21928 Total Fees: $52.00
Pages Recorded: 12
Date Recorded: 12/15/20043:45:54 PM
V.
Hook: lØ94 Page: 967
,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 Quail Meadows
Tract at the time of actual development and to dedicate needed land and easements for public
street, utility and drainage 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:
1, Amendment of Comprehensive Plan. The City concurrently with approval of this
agreement agrees to amend the Comprehensive Plan of the City of Salina as follows:
That the Land Use Map (Figure 11, P. 107) of the Comprehensive Plan of the City of
Salina be amended to show the area extending Five Hundred (500) feet north of Schilling
Road and One Thousand (1000) feet east of Caywood Drive and the area extending one
quarter mile north of Schilling Road and Six Hundred Sixty-Seven (667) feet west of Ohio
Street be changed from future low density residential to future commercial office.
2. Annexation by City. The City concurrently with approval of this agreement agrees to
annex the Quail Meadows Tract into the corporate limits of the city.
3.
Improvements to the City's Water Distribution System.
Owners understand and
acknowledge that the Quail Meadows Tract is only partially 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 except within the area depicted on the attached Exhibit "C".
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Book: 1094 Page: 96B
,City has plans in 2004 to design and initiate construction of a new 12 inch water line
connection to the existing 16 inch line near the intersection of Magnolia Road and Ohio Street, and
to construct approximately 1 mile of new 12 inch water line along the west side of Ohio Street south
to Schilling Road to construct approximately one half mile of new 12 inch pipeline along the north
side of Schilling Road to the Union Pacific Railroad tracks and to extend this 12 inch water line under
the track to connect to the existing system on the west side of the Union Pacific Railroad.
Owners agree to pay their proportional share of the above described looped Ohio Street water
system as a cost recovery fee or charge based on the equivalent cost of a 6 inch water main.
Payment of the fee to the City shall be made at the time a building permit is issued for commercially
zoned lots and the amount of the charge shall be based on the acreage of the legally described
parcel for which the permit is being issued. For residential lots payment of the fee shall be made at
the time a Certificate of Completion is issued for public water, sewer and street improvements for
each development phase based on the acreage contained within that development phase. No
building permits shall be issued within that area until the fee is paid.
Owners understand and acknowledge that the Utility Master Plan for this area prepared by
Wilson & Co. calls for an 8 inch water line to be extended from the south end of Linda Lane to the
new 12 inch water line in Schilling Road. Owners and City agree that this water line connection shall
be completed in Phase I of the Quail Meadows development to provide two sources of flow. City
agrees that Owner's responsibility will be limited to the cost of installing a 6 inch main and the City
will be responsible for the cost of oversizing above a 6 inch main.
Owners understand and acknowledge that Owners will be responsible for connecting to the
looped water system and extending water lines into the Quail Meadows Tract to serve individual
building lots within the tract. These internal public water line extensions shall 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.,
3
,4.
Hook: 1Ø94 Page: 969
Sanitary Sewer Extension, The City and Owners understand and acknowledge that the
Quail Meadows Tract is presently serviceable by the City's interceptor sewer line that runs along the
northern boundary of the property. Owners understand and acknowledge that an internal public
sanitary sewer system is needed to make Owners' property fully developable. Owners understand
and acknowledge that Owners will be responsible for the design and construction of internal sanitary
sewer to serve individual building lots within the Quail Meadows Tract. These internal sanitary sewer
line extension shall 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.
5.
Street Improvements. Owners understand and acknowledge that Schilling Road was
reconstructed to City street standards with public funds in advance of development of abutting
property and that abutting properties were not assessed for the cost of rebuilding the road at the time
of construction. Owners acknowledge and understand the Quail Meadows Tract is subject to a
Schilling Road Capital Cost Recovery Charge to pay for its proportionate share of the reconstruction
cost. The Cost Recovery Charge is set at $.0376 / sq. ft. of land area or $1 ,638 acre. Payment of
the fee shall be made at the time a building permit is issued for commercially zoned lots and the
amount of the charge shall be based on the acreage of the legally described parcel for which a
building permit is issued. For residential lots payment of the fee shall be made at the time a
Certificate of Completion is issued for public water, sewer and street improvements serving each
development phase, based on the acreage contained within that development phase. No building
permits shall be issued within that area until the fee is paid.
City agrees to neither special assess nor charge a fee to any property within the Quail
Meadows Tract for any costs associated with the future reconstruction of Ohio Street.
Owners understand and acknowledge that Owners will be responsible for the design and
construction of internal public streets serving individual building lots within the Quail Meadows Tract
. The cost of constructing streets shall be financed privately by the Owners or may be publicly
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Book: 1094 Page: 970
financ~d over a 15 year period through the creation of a special assessment benefit district.
6. Drainaqe. Owners understand and acknowledge that the Schilling Road Ditch on the south
side of Schilling Road was constructed with public funds and that abutting property owners were not
assessed for the cost of constructing the ditch at the time of construction. Owners acknowledge that
surface runoff from the Quail Meadows Tract drains directly into the Schilling Road Ditch. Owners
understand and acknowledge that the Quail Meadows Tract is subject to the Schilling Road Ditch
Capital Cost Recovery Charge to pay its proportionate share of the cost of constructing the ditch.
This drainage impact fee is set at $,129 1 cu. ft. of additional runoff, Additional runoff refers to the
difference between the volume of runoff that comes off the property today in its agricultural state and
the amount of runoff generated by the property upon full development of the site. Payment of the
fee will be collected at the time a building permit is issued for commercially zoned lots and the
amount of the fee shall be determined by the City Engineer based on a drainage analysis of the
proposed building site prepared by a licensed professional engineer. For residential lots the fee will
be collected at the time a Certificate of Completion is issued for public water, sewer and street
improvements serving each development phase based on the projected runoff from the platted lots
within that development phase. No building permits shall be issued within that phase until the fee
is paid.
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. 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.
8.
Term. This Agreement shall commence on the date first stated above and shall remain
5
Hook: 1094 Page: 971
in effeçt unti'l the Quail Meadows 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.
9.
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.
10. Transferability of Cost Recovery Fees. The transfer or sale of residential lots in the
Quail Meadows Addition prior to the completion of public improvements making them developable
does not relieve or exempt Owners from the obligation to pay the cost recovery fees identified in this
agreement. Any and all cost recovery fees related to development of the Quail Meadows Tract shall
be the sole responsibility of Quail Meadows Property, Inc. and James R. Caywood, the parties to this
agreement.
11, Amendments. This Agreement may only be amended or modified in writing signed by
the parties to this agreement.
12. 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.
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Book: 1094 Page: 972
.13. 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,
14, 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.
15. 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.
16. 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.
17. 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.
Owners and City agree that the annexation and Comprehensive Plan
18. Default.
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 default 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,
The parties agree that an essential nexus exists between the
19. Essential Nexus.
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Book: 1094 Page: 973
annexç¡tion 'and Comprehensive Plan amendment requested by the Owners and the City's
requirement that Owners pay their proportionate share of the water main, sanitary sewer, public
street and drainage 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 construction of Schilling Road, the Schilling
Road Drainage Ditch and the installation of the looped Ohio Street-Schilling Road water line.
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.
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:
~~~
City Clerk
by
~
QUAIL MEADOWS PROPERTY, INC.
A KANSAS CORPORATION
by àL~U~
Stan Byquist, Presl nt
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this 13- day of b~ ' 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
8
Book: 1094 Page: 974
m'ë to qe 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.
A. PENNY DAY
~ Notary Public. tate of Kansas
My Appt. Expires '
~
~-
My appointment expires: \ O\7/CA.-Q
STATE OF KANSAS, SALINE COUNTRY, SS:
BE IT REMEMBERED, that on this -L~h day of~~ , 2004, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Stan Byquist, President
of Quail Meadows Property, Inc, who is personally known to me to be the same person who
executed as such officer the within instrument of writing on behalf of Quail Meadows Property, Inc.
and such person duly acknowledged the execution of the same to be the act and deed of said
corporation.
IN TESTIMONY WHEREOF, I hereunto set my hand and affixed my official seal the day and year
last above written.
A. PENNY DAY
~ Notary Publi . Stat of Kansas
My Appt. Expires
~~
~
My appointment expires: 1 tJÎ/OLQ
STATE OF CALIFORNIA
)
) ss,
)
COUNTY OF SAN DIEGO
The foregoing instrument was acknowledged before me this ~+tday of ~\ 2004, by
James R. Caywood.
.itdJ~(~
Ja;.- ~~=:7~ J
1- Notary PublIc . CalIfornIa f
9 t ~ - - ~~;;.~~
Book: 1094 Page: 975
Exhibit A
A tract of land in the South Half of the Southeast Quarter (S1/2 SE1/4) of Section Thirty six (36),
Township Fourteen South (T14S), Range Three West, (R3W), in Saline County Kansas, more
fully described as follows:
Commencing at the Southwest Corner of said Southeast Quarter;
-thence South 90. 00' 00" East along the South line of said Southeast Quarter a distance of
43.89 feet;
-thence N 00' 09' 53" West along the East right of way of the Union Pacific Railroad a distance
of 30.0 feet to the point of beginning;
-thence North 00' 09' 53" West along the East right of way of the Union Pacific Railroad a
distance of 1,105.23 feet;
-thence -South 89' 55' 49" East a distance of 290.00 feet; -thence North 00' 09' 53" West a
distance of 200.00 feet;
-thence South 89. 55' 49" East along the North line of the South Half of the Southeast Quarter a
distance of 2315.97 feet;
-thence South 00' 21' 11" West a distance of 932.08 feet; -thence North 89'37'42" West a
distance of 29.43 feet;
-thence South 05'00'08" West a distance of 371.60 feet;
-thence North 90' 00' 00" West along the North right of way of Schilling Road a distance of
2534.63 feet to the point of beginning.
The above described tract contains 76.14 acres more or less.
EXHIBIT B
Book:
1094 Page:
976
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