Loading...
Annexation Agreement ... 8k /O~~ PI ~I./ AN AGREEMENT REGARDING THE ANNEXATION OF THE SAMUELSON TRACT LOCATED AT THE NORTHWEST CORNER WATER WELL ROAD AND OHIO STREET This Annexation Agreement ("Agreement") is made and entered into this q f-h-. day of ~trYI~ , 2004 by and between the City of Salina, Kansas, a municipal corporation, hereinafter referred to as "City" and Roger W. and Marjory A. Samuelson., hereinafter referred to as "Owner". RECITALS I. Owner is the owner of a 79 acre tract of land located in the Southeast Quarter of Section One (1), Township Fifteen (15) South, Range Three (3) West of the Sixth Principal Meridian in Saline County, Kansas, hereinafter referred to as the "Samuelson Tract" and more specifically described on the attached Exhibit "A" and depicted on the attached Exhibit "B", II. The Samuelson Tract is currently shown as a Secondary Service Area for the extension of city utilities and services and as future industrial land in the City of Salina's Future Land Use Plan. III. The Samuelson Tract is not currently served by public water and sanitary sewer lines except for a 24 inch water line along Water Well Road and a 12 inch water line along Commerce Street. IV. A fully looped water distribution system extending from the intersection of Magnolia Road and Ohio Street south to Water Well Road must be installed in order for industrial development to occur in the eastern portions of the Samuelson Tract. 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, public street and drainage improvements serving the Samuelson Tract at the time of actual development and to dedicate needed land 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 Salina Service Area Map (Figure 18, P, 172) of the Comprehensive Plan of the City of Salina be amended to show the Samuelson Tract changed from a Secondary Service Area to a Primary Service Area for the extension of City utilities and services and eligibility for special assessment financing. 2. Annexation by City. The City concurrently with approval of this agreement agrees to annex the Samuelson Tract into the corporate limits of the city. 3. Improvements to the City's Water Distribution System. Owner understands and acknowledges that the Samuelson Tract is only partially serviceable by the City's public water system. The Samuelson Tract currently has the right and ability to connect to the 24" public water line in Water Well Road and to the 12" public water line in Commerce Street. Owner further understands and acknowledges that without the public water system along Ohio Street being extended to serve the Owner's property, the City can not provide fire protection or issue building permits for new development for the eastern portion of the Samuelson Tract. 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. At some point in the future the City will construct anBc?&i~iÕna~~~~ or~~l~1~ i~c~ 2 , ,. . , water line south on Ohio Street to Water Well Road to connect to the existing 24 inch line in Water Well Road. Timing of this project is dependent upon availability of financing and the extent of development in this area, Owner agrees to pay it 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 and the amount of the charge shall be based on the acreage of the legally described parcel for which the permit is being issued, Owner understands and acknowledges that Owner will be responsible for connecting to the looped water system and extending public water lines into the Samuelson Tract to serve individual building lots within the tract. These internal public water line extensions shall be financed privately by Owner 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. City acknowledges that Samuelson Tract is eligible for deferral of special assessment under state law for up to 15 years so long as it remains unplatted. 4. Sanitary Sewer Extension. Owner understands and acknowledges that the Samuelson 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 Applequist Tract will be made sewerable by the construction two (2) 12 inch sanitary sewer lines that will be installed starting at the north end of Liberty Addition No.2 and extend south parallel to and on either side of a proposed north-south drainage ditch. These 12" gravity lines would extend south into the Owner's property and connect to a single 15" gravity pipeline which would extend west to an existing sewer pump station (Pump Station 35) located on the east side of the Union Pacific Railroad tracks along the northerly border of the Crestwood Cabinets property. Owner acknowledges and understands that 3 Book: 1088 Page: 86 , .. , , the reason for the twin sewer lines is the depth of the proposed north-south drainage ditch (7-8 ft.) which can not be crossed by sewer lines without those lines being exposed above the bottom elevation of the ditch, Owner agrees to pay its proportionate share of the cost of extending a 15 inch sanitary sewer line from Pump Station 35 to the southern boundary of Liberty Addition No.2. Owner agrees to pay its proportionate share of the construction cost of the above described sanitary sewer system either through participation in a special assessment benefit district or as a cost recovery fee or charge based on the cost of installing the 15 inch sewer line. If a special assessment benefit district for the above described sanitary sewer system is established under K.S.A. 12-6a01 et seq. the assessment levied on the Samuelson Tract shall be deferred until such time as the property is platted, If Owner's share is paid as a cost recovery fee, payment of the fee 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 acreage of the legally described parcel for which the permit is being issued, Owner understands and acknowledges that Owner will be responsible for the design and construction of internal sanitary sewer lines to serve individual building lots within the Samuelson Tract. These internal sanitary sewer line extension shall be financed privately by Owner 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. Owner understands and acknowledges that Water Well Road was not constructed to City street standards and does not meet City standards in its present condition. Owner agrees to dedicate the necessary right-of-way for Water Well Road and Ohio Street through the platting process. Owner consents to participation in a future special assessment benefit district for improvements Water Well Road. If a special assessment benefit district for Water Well Road is established under K.S.A. 12-6a01 et seq. the assessment levied on the Samuelson Tract shall be deferred until such property is platted. Book: løaa Page: 87 4 . .. City agrees to neither special assess nor charge a fee to any property within the Samuelson Tract for any costs associated with the future reconstruction of Ohio Street. Owner understands and acknowledges that Owner will be responsible for the design and construction of internal public streets serving individual building lots within the Samuelson Tract. The cost of constructing internal 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. 6. Drainaqe. Owner acknowledges that surface runoff from the Samuelson Tract drains to the Schilling Road Ditch. Owner understands and acknowledges that the Samuelson 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 cu, ft. of additional runoff for property within the city limits. 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 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. Owner understands and acknowledges that off-site runoff currently passes through the Samuelson Tract from south to north. Owner agrees to maintain this drainage pattern and in order to accommodate existing and future runoff agrees to dedicate a 120 ft. wide strip of land to the City as public drainage / utility right-of-way, or to transfer ownership of this strip of land to the City in fee simple title. In exchange for this dedication of right-of-way, the City agrees to design and construct no later than December 31, 2005 a drainage ditch within this dedicated right-of-way, The City also agrees to design and pay for the cost of constructing two (2) crossings over the ditch to city street standards. The location of these ditch crossings shall be established during the platting process. The City will take full responsibility for maintenance of the ditch in perpetuity as a public improvement upon Book: løSa Page: sa 5 , . completion, Future building lots within the Samuelson Tract subject to the Schilling Road Drainage Impact Fee would not have to provide their own stormwater detention facilities and would be permitted to discharge their additional runoff into the north-south drainage channel without the payment of any additional drainage impact fee, Owner understands and acknowledges that Owner will be responsible for the design and construction of internal storm drainage improvements associated with the public street system within the Samuelson 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. 7, Cost Defined, The words and phrases "cost" or "entire cost" shall be defined in 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 in effect until the Samuelson 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. Book: løSS Page: S9 6 , . 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. 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. 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. 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, 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. 16. Assiqnment. In the case of the assignment of this Agreement by any of the parties, Book: løaS Page: 90 7 , . 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. Owner and City agree that the annexation and Comprehensive Plan 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 either party defaults in fulfilling any of its covenants and responsibilities as set forth in this Agreement, the party may take such remedies, legal or equitable, which the City may have to enforce this Agreement or to obtain damages for its breach, In the event the City defaults in fulfilling any of its covenants and responsibilities, the City will grant its consent to de-annexation of the property. 18. Imdemnification, Owner shall be indemnified and held harmless by City, until such time as the construction of the drainage channel and sewer line, from any liability for damages to any person or any property in or upon the Samuelson Tract, including personal property of the City and City's employees, agents, servants, customers or guests, or any independent contractors engaged by City, with respect to any sums Owner is required to pay, including costs and attorney's fees, arising out of any claim made against Owner as a result of the use of or activities on the Samuelson Tract by the City, or any of its employees, agents, servants, customers or guests, or any independent contractors engaged by City. 19. 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, 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 installat~g 8k~ub~0~ätep~n~es~:mw 8 , . Book: løaa Page: 92 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. 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 ante Shadwick. Mayor ~., ~ ,:? ~,.t~' ?rJ ~ d vf4JVd£.n- ~ Roger W. Samuelson Marjory. Samuelson STATE OF KANSAS, SALINE COUNTY, ss: BE IT REM EMBERE D. that on th is L3:th. d ay of ~ . 2004. before me, the undersigned, a notary public in and for the county and state foresaid, came Monte Shadwick, 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. -::þ': ~.~P~rJ1:C 9 a. LaDONNA BENNETT .. Notary Public - State of Kan... MAt. Expires October 23, ~D~ . - Book: løSS Page: 93 Notary Public My appointment expires: STATE OF KANSAS COUNTY OF SALINE ) ) ss. ) The foregoing instrument was acknowledged before me this ~ day of ~T~ 2004, by Roger W, and Marjory A. Samuelson. ~\~~ Notary Public ¿KIM FISHER NOTARY PUBLIC STATE OF KANSAS " My Appr. rup,/IY,:)Ù-eJr.. 10 , . . Book: løaa Page: 94 Exhibit "A" The Samuelson Tract is legally described as the East half (E 1/2) of the Southeast Quarter (SE 1/4) of Section One (1), Township Fifteen (15) South, Range Three (3) West of the Sixth Principal Meridian in Saline County, Kansas, more particularly described as follows: Beginning at the Southeast corner of said Section 1, thence westerly along the south line of said Section 1 on an assumed bearing of N90o00'OO"W, 1304.55'; thence NOoo05'OO"W, 2643.18' to a point on the north line of the Southeast Quarter of said Section 1; thence N89°56'23"E, 1308.11' to the Northeast corner of said Southeast Quarter of said Section 1; thence SOooOO'22"E along the east line of said Section 1; 2644.55' back to the Southeast corner of said Section 1, said point being the Point-of-Beginning, Book: 1088 Page: 9 . . . Exhibit B Samuelson Tract z m ::u ïJ ::u ü5 m 0 ::u . :53 PM ~ Annexation Area 5(fö3 c ... . . .