Installation of Manhole Georgetown Add
AGREEMENT FOR TEMPORARY ACCESS
AND FUNDING INSTALLATION OF MANHOLE
This Agreement is entered into this ~ day of June, 1996, among the following
parties:
ROBERT R. BACON and MARGIE E. BACON, husband and wife (the
"Bacons");
HAZEL M. BEGGS, TRUSTEE of the Hazel M. Beggs Trust dated May 22,
1992 ("Mrs. Beggs");
KENNETH MOORE, TRUSTEE of the Kenneth Moore Trust No.1, dated
May 1, 1975, and ELIZABETH R. MOORE, his spouse ("the Moores");
(collectively referred to as the "Owners")
ELL Y RITTER and REALTY ASSOCIATES, INC., a Kansas corporation;
(collectively referred to as the "Developer"); and
STEVENS CONTRACTORS, INC., a Kansas corporation, ("Stevens")
THE CITY OF SALINA, KANSAS (the "City").
Recitals
A. As a condition of the 1981 approval of the Village Brook Planned Development
District, the Developer was required to install a manhole (the "Manhole") at the east end of the
existing utility easement between Lots 2 and 12, Block 4, Replatted Blocks 4, 10, 11, and 12,
Georgetown Addition to the City of Salina, Saline County, Kansas. Following installation of the
Manhole, the City was then to relinquish responsibility for maintaining the segment of sanitary
sewer line running west from the Manhole.
B. The Manhole installation was not completed. On May 17, 1995, an order was
entered in the Municipal Court of Salina, Kansas, directing installation of the Manhole.
C. With the complete development of the lots surrounding the location where the
Manhole must be installed (the "Installation Site"), the most readily achievable means of access
to the Installation Site is along the east/west lot line shared by both the Bacons and Mrs. Beggs
and the Bacons and the Moores.
D. The Owners are willing to enter into this Agreement to provide the means of
assuring (1) restoration of the Owner's turf and landscaping, and (b) replacement of the Owners'
irrigation system within the area of the temporary easement (collectively referred to as the
"Restoration Work") in a manner that will allow them to grant to the City and its contractors the
unrecorded temporary easement necessary to access the Installation Site.
E. Stevens is uniquely suited to complete the Manhole installation.
F. Earthcare Services, Inc. ("Earthcare") is uniquely suited as the landscaping firm
designated by the Owners and has estimated the cost of the Restoration Work to be $3,400.
THE PARTIES therefore agree:
1. Installation and restoration. The Developer agrees to:
(a) provide a manhole structure meeting the City's approval;
(b) contract with and compensate Stevens for installation of the Manhole in the
manner provided below; and
(c) pay the cost of the Restoration Work by Earthcare as provided below.
The Developer acknowledges that the actual cost of ( c) may exceed the estimate provided and
agrees to be responsible for payment of the complete charges of Earthcare for completing the
Restoration Work.
2. Escrow account. The Developer agrees that it shall deposit with the City upon
execution of this Agreement the sum of $3,400 to be held in an interest bearing account with the
City for the purpose of paying the charges of Earthcare for completing the Restoration Work.
To the extent the charges do not exceed the escrowed funds, the City will reimburse the
remaining funds to the Developer within ten days after receiving all charges by Earthcare. To
the extent the charges exceed the escrowed funds and accumulated interest, the City shall apply
all escrowed funds to those charges and direct a statement for the remaining balance to the
Developer. The Developer agrees to remit to the City the full balance due within ten days of
receipt of the statement for the additional charges.
3. Unrecorded Temporary Easement. The Owners grant to the City an unrecorded
temporary easement in, through, over, and across that certain portion of land described generally
as:
Running south from Village Lane to the south boundary of the Bacons' and the
Moores' lots and defined on the west by the projection of the east side of Mrs.
Beggs' residence and on the east by the projection of the west side of the Bacons'
residence;
for all rights of ingress and egress of the City, its employees, authorized contractors, and
franchisees, for the purpose of installing the Manhole for a term of thirty (30) days commencing
with the date of this Agreement (the "Temporary Easement"). The parties acknowledge that the
granting of the Temporary Easement by the Owners is not to be regarded as a precedent and is
intended only to be a one-time accommodation by the Owners to address the unique dilemma
presented by the need to install the Manhole.
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4. Contract for Manhole Installation. Ritter agrees that as soon as reasonably
possible following (a) signature by all parties to this Agreement, and (b) delivery of the funds to
be escrowed with the City, it will contract with Stevens for installation of the Manhole. Stevens
agrees that the installation shall be completed as follows:
Stevens shall gain access to the Installation Site for all labor, material, and
equipment from Village Lane, then southerly to the existing rear yard utility
easement in which the proposed Manhole will be constructed. Stevens will
excavate the manhole location mostly by hand-digging with shovels due to the
conflict with existing underground utilities; however, it is possible that a small
backhoe, skid loader, or small dump truck may be used to excavate and/or haul
materials to and from the site. In the case of the heavier equipment, Stevens shall
place plywood sheets from the pavement on Village Lane to the proposed
Manhole location to create a pathway over which the equipment will maneuver in
an effort to minimize any damage to the existing turf or irrigation system. The
plywood will not be left on grassed areas for any more than 24 hours at a time.
5. Contract for Restoration Work. As soon as the Manhole installation is completed
the City will identify, in consultation with the Owners, the necessary Restoration Work and will
as soon as reasonably possible contract with Earthcare for completion of the work.
6. Binding Effect. This Agreement shall be binding upon and inure to the benefit of
the parties, their heirs, beneficiaries, personal representatives, successors, and assigns.
EXECUTED the day and year first above written.
THE BACONS
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Robert E. Bacon
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Margie'E. Ba#"
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MRS. BEGGS
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THE MOORES
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Elizabe^th R. Moore '
ELL Y RITTER
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Elly Ritter
REALTY ASSOCIATES, INe.
By:
STEVENS CONTRACTORS, INe.
By:
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Charles E. Stevens, President
CITY OF SALINA, KANSAS
By:
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