Yost Tract (Unrecorded Version)AN AGREEMENT REGARDING
THE ANNEXATION OF THE YOST TRACT
LOCATED AT THE SOUTHWEST CORNER
OF WATER WELL ROAD AND INTERSTATE 135
This Annexation Agreement ("Agreement") is made and entered into this T3 `y`� of
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`Nevvember, 2002 by and between the City of Salina, Kansas, a municipal corporation, hereinafter
referred to as "City” and Ruth Yost Trust No. 1, hereinafter referred to as "Owner".
RECITALS
Owner is the owner of a 59.98 acre tract of land located in the Northwest Quarter of the
Northeast Quarter and the Northeast Quarter of the Northwest Quarter of Section Eleven (11),
Township Fifteen (15) South, Range Three (3) West of the Sixth Principal Meridian in Saline
County, Kansas, hereinafter referred to as the "Yost Tract".
The Yost Tract is currently shown as a Secondary Service Area for the extension of city
utilities and services.
The Yost Tract currently has access to a 24" public water main in Water Well Road but
sanitary sewer lines are not currently available to serve the property.
IV.
The 24" water main in Water Well Road must be relocated to accommodate construction of
a new interchange at Water Well Road and Interstate 135 and Owner is agreeable to providing
needed easements and right-of-way on the Yost Tract to accommodate relocation of the water
main through the platting of the property.
V.
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 and public street improvements serving the Yost
Tract at the time of actual development.
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:
a. That the Salina Service Area Map .(Figure 18, P. 172) of the Comprehensive Plan
of the City of Salina be amended to show the Yost Tract located at the Southwest
Comer of Water Well Road and Interstate 135 changed from a Secondary Service
Area to a Primary Service Area for the extension of City utilities and services.
b. That the Land Use Map (Figure 11, P. 107) be amended to show the Yost Tract
as Commercial and Retail east of Dry Creek as Industrial west of Dry Creek.
2. Annexation by City. The City concurrently with approval of this agreement agrees to
annex the Yost Tract into the corporate limits of the city.
3. Water Main Relocation. Owner understands and acknowledges that the southern
portion of the Yost Tract is not presently serviceable by the City's public water system. Owner
further understands and acknowledges that without the public water system being extended to
serve this portion of the Owner's property, the City cannot provide fire protection for new
development.
City agrees to relocate the 24 -inch water main in Water Well Road around the south end of
the Water Well Road - Interstate 135 interchange and through owner's property in an alignment that
benefits future development of the Yost Tract. The relocated water main shall be constructed from
the existing 24 -inch water main at 9th Street and Water Well Road south along the west side of 9th
Street, thence west under Interstate 135 along the southern boundary of the Yost Tract and then
north along the future alignment of Yost Drive to Water Well Road. The total cost of construction
of the water main relocation is estimated to be $542,110, and the Owner agrees to pay its
proportionate share of the construction cost as a tapping fee or hook up charge based on the cost
of a 6 inch equivalent main needed to serve the property. Payment of the hookup charge to the
City shall be made at the time a building permit is issued and the amount of the charge shall be
based on the developable square footage or acreage of the legally described parcel for which the
permit is being issued. This hookup fee shall be established by a Capital Cost Recovery Ordinance
pertaining to this water line project adopted by the governing body of the City of Salina.
4. Sanitary Sewer Extension. Owner understands and acknowledges that the Yost 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 Yost Trust will be made sewerable
by City's extension of a 12" sanitary sewer line from the intersection of 9th Street and Water Well
Road south along the west side of 9th Street, thence west under Interstate 135 along the south
boundary of the Yost Tract and then north along the future alignment of Yost Drive.
The total cost of this sewer line extension is estimated to be $368,390 and Owner
agrees to pay its proportionate share of the construction cost as a tapping fee or hook up charge
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based on the cost of the sanitary sewer system needed to satisfy sewage collection requirements
of the Owner's property. Payment of the hook up charge to the City shall be made at the time a
building permit is issued and the amount of the charge shall be based on the developable square
footage or acreage of the legally described parcel for which the permit is being issued. This hookup
fee shall be established by a Capital Cost Recovery Ordinance pertaining to this sewer line project
adopted by the governing body of the City of Salina.
5. Street Improvements. Owner acknowledges and understands that the Kansas
Department of Transportation (KDOT) wishes to construct a new maintenance facility for District
No. 2 on property owned by KDOT directly south of the Yost Tract (the KDOT Tract). Owner
acknowledges and understands that a public street must be constructed across the Yost Tract to
provide access to the KDOT Tract from Water Well Road and that this public street (Yost Drive)
will also benefit the Yost Tract by providing access to the interior of the property. Owner, therefore,
agrees to pay one-half of the cost to construct Yost Drive from Water Well Road to the KDOT Tract
as a cost recovery charge payable at the time of development of the Yost Tract. Payment of the
cost recovery charge shall be made at the time a building permit is issued based on the
developable square footage or acreage of the legally described parcel for which the permit was
issued. This charge shall be established by a Capital Cost Recovery Ordinance pertaining to this
street construction project adopted by the governing body of the City of Salina.
6. Cost Defined. For purposes of this Agreement, the words and phrases "cost" or "entire
cost" of a type of improvement shall be deemed to include all design and engineering fees, testing
expenses, construction costs, publication costs, financing costs, and related miscellaneous costs,
but shall exclude City personnel costs (except for inspection and testing fees associated with City
initiated construction work, which shall be included), unless otherwise defined herein.
7. 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.
8. Amendments. This Agreement may only be amended or modified in writing signed by
the parties to this agreement.
9. 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,
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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.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. Default. Owner and City agree that the annexation and zoning changes promote the
public health, safety, and welfare so long as Owner fulfills all of the conditions and responsibilities
as set forth in this Agreement, the City may in its legislative authority rezone the Property 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.
16. 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 Owner pay its proportionate share of the water main, sanitary sewer and public
street improvements benefiting Owner's property. Further, Owner agrees that the cost
responsibilities imposed upon Owner by this Agreement are roughly proportional, both in nature
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and extend to the benefit received by Owner's property from the installation of public water and
sanitary sewer lines and the construction of Yost Drive.
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 Owner'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
City Clerk I<ris n M. Seaton/Mayor
The foregoing instrument was acknowledged before me this day of_, 200J3
by Kristin M. Seaton, Mayor and Lieu Ann Nicola, City Clerk on behalf of the City o" f Sakha.
raPENNY DAY Notary P li
�&-Njotary Public- State f Kansas
My APPt.xpires f
Ruth Yost Trust No.
Virgi ` a A. Blankenship, Trust e
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Sidney AlReitz, Trust
STATE OF KANSAS )
) ss.
COUNTY OF SALINE )
The foregoing instrument was acknowledged before me this day of u; 6 , 2002,
by Virginia A. Blankenship and Sidney A. Reitz Trustees of Ruth Yost Trust No. on behalf of said
Trust.
JULIE A. LMOHN116 Notary Public . Stansas 4'
My Appt. Expires - Nota � Public
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