Amend Water & Annex Agreement
"
AMENDED WATER CONNECTION AGREEMENT REBECCA SEEMAN C
AND REGISTER OF DEEDS "
SAlINE COUNTY KANSAS
CONSENT TO FUTURE ANNEXATIQtbok: 113111 Page: 159
(OUTSIDE CITY LIMITS) Receipt I: 34281 Total Fees: $40.00
Pages Recorded: 9
Je J;; Date Recorded: 617/2006 8:50:22 AM
THIS AMENDED AGREEMENT, made and entered into this _ day of 1\"-, 2006 by and between the
City of Salina, Kansas, hereinafter referred to as the "City" and Hixson and Lehenbauer Investment Co., Inc. and
the Francis P. and Marie Lynn Ryan Trust, hereinafter referred to as the "Consumers".
This agreement amends and supercedes the Water Connection Agreement between the City of Salina and
the Hixson and Lehenbauer Investment Company dated June 28, 1982. This amendment was required due to a
subdivision of the property described in the Water Connection Agreeme9t dated June 28, 1982.
WITNESSETH:
In consideration of the payments herein provided and the mutual covenants and agreement herein
contained, the parties hereto do hereby mutually promise and agree as follows.
City hereby grants to Hixson and Lehenbauer Investment Co., Inc. the right to maintain the existing six (6)
inch private water line connected to the City water main at 800 North Thirteenth Street. The City agrees to furnish
water to the following described properties through said private line; to wit
Tract "A" - Hixson and Lehenbauer Investment Co., Inc.
ILots One (1), Two (2), Three (3) and Four (4) in Block One (1) and Lots Two (2), Three (3), Four
(4) and Five (5) in Block Two (2) of Hixson-Lehenbauer Subdivision P.U.D., in Saline County,
Kansas.
And
~ A tract of land described in Saline County Register of Deeds Book 383 Page 542 as follows:
A tract of land located in the North Half of the Northeast Quarter (N1/2 NE1/4) of Section Eleven
(11), Township Fourteen (14) South, Range Three (3) West of the 6th Principal Meridian, in Saline
County,
Beginning at the Southeast corner of the North Half of the Northwest Quarter of said Section
thence NOoo34'11'W a distance of 448.34' to the point of beginning,
-thence S89004'20"E a distance of 6.04'
-thence N11019'38'W a distance of 32.33'
-thence SOoo34'00"E a distance of 31.6' to the point of beginning. Containing 95.3 sq. ft.
more or less.
The above tracts are described in meets and bounds as follows.
A tract of land located in the North Half of the Northeast Quarter (N1/2 NE1/4) of Section Eleven
(11), Township Fourteen (14) South, Range Three (3) West of the 6th Principal Meridian, Saline
County, Kansas, more particularly described as follows:
Commencing at the Southwest corner of the North Half of the Northeast Quarter of said Section
Eleven;
Book~ 1130 Page~ 160
, Amended Water Connection Agreement and Consent to Future Annexation
(Outside City Limits)
Page 2 of 7
Thence along the West line of said Northeast Quarter on the platted bearing from the Final Plat of
the Hixson-Lehenbauer Subdivision P.U.D. N 00034'00" W a distance of 448.33 feet to a point on
the South line of Lot Two (2), Block Two (2) of said Final Plat of the Hixson-Lehenbauer
Subdivision P.U.D. extended West, said point being the point of beginning,
Thence continuing N 00034'00" W along said West line for a distance of 489.17 feet to the
Northwest corner of Lot Four (4) in said Block Two (2);
Thence N 89028'10" E along the North line of said Lot Four (4), for a distance of 93.65 feet to the
Southwest corner of Lot Five (5) said Block Two (2);
Thence N 00032'50" W for a distance of 122.18 feet to the Northwest corner of said Lot Five (5);
Thence S 89015'40" E along the North line of said Lot Five (5) and Lot Four (4), Block One (1) of
said Final Plat of Hixson-Lehenbauer Subdivision P.U.D. for a distance of 605.34 feet to the
Northeast corner of said Lot Four (4), Block One (1);
Thence S 08010'50" W along the East line of Lots Four (4), Three (3) and Two (2) of said Block
One (1) for a distance of 453.89 feet to a point on the North line of Lot One (1) of said Block One
(1 );
Thence N 89058'30" E along the North line of said Lot One (1) extended for a distance of 40.67
feet;
Thence S 00008'10" W for a distance of 71.64 feet;
Thence N 89051 '50" W for a distance of 20.00, feet;
Thence S 00008'10" W for a distance of 50.00 feet;
Thence N 89051 '50" W for a distance of 37.84 feet to a point on the East line of said Lot One (1);
Thence S 08010'50" W along the East line of said Lot One (1) for a distance of 90.87 feet;
Thence S 89058'30" W for a distance of 140.97 feet;
Thence S 00001 '30" E for a distance of 390.18 feet to a point on the South line of the North Half of
the Northeast Quarter of said Section Eleven;
Thence S 89046'40" W along said South line for a distance of 40.00 feet to the center line of an
access road extended;
Thence N 00001 '30" W along said centerline for a distance of 439.96' to the Southeast corner of
Lot Two (2) in said Block Two (2);
Thence N 89004'20" W along the South line of said Lot Two (2), Block Two (2) and extension
thereof for a distance of 359.86 feet to the point of beginning.
The above described tract contains 9.60 acres more or less, 0.03 acres more or less of which is
subject to a 30 foot county roadway easement.
Tract "B"- Francis P. and Marie Lynn Ryan Trust
./Lot One (1) in Block Two (2) of Hixson-Lehenbauer Subdivision P.U.D. in Saline County Kansas.
And
/ A tract of land described in Saline County Register of Deeds Book 383 Page 541 as follows:
A tract of land located in the North Half of the Northeast Quarter (N1/2 NE1/4) of Section Eleven
(11), Township Fourteen (14) South, Range Three (3) West of the 6th Principal Meridian, in Saline
County,
Beginning at the Southeast corner of the North Half of the Northwest Quarter of said Section
thence N89046'40"E a distance of 91.32'
-thence N11019'38'W a distance of 456.76'
-thence N89004'20'W a distance of 6.04'
-thence SOo034'00"E a distance of 448.34' to the point of beginning. Containing .5 acres
more or less.
The above tracts are described in meets and bounds as follows.
A tract of land located in the North Half of the Northeast Quarter (N1/2 NE1/4) of Section Eleven
(11), Township Fourteen (14) South, Range Three (3) West of the 6th Principal Meridian, Saline
County, Kansas, more particularly described as follows:
Book: 1130 Page: 161
Amended Water Connection Agreement and Consent to Future Annexation
(Outside City Limits)
Page 3 of 7
Beginning at the Southwest corner of the North Half of the Northeast Quarter of said Section
Eleven;
Thence along the West line of said Northeast Quarter on the platted bearing from the Final Plat of
the Hixson-Lehenbauer Subdivision P.U.D. N 00034'00" W for a distance of 448.33 feet to a point
on the North line of Lot One (1), Block Two (2) of said Final Plat of Hixson-Lehenbauer Subdivision
P.U.D. extended west;
Thence S 89004'20" E along said North line for a distance of 417.03 feet to the Northeast corner of
said Lot One (1);
Thence S 00001 '30" E along the East line of said Lot One (1) for a distance of 439.96 feet to a
point on the South line of said North Half of the Northeast Quarter;
Thence S 89046'40" W along said South line for a distance of 412.77 feet to the point of beginning.
The above described tract contains 4.23 acres more or less, 0.28 acres more or less of which is
subject to a 30 foot county roadway easement along its south line.
Under the following terms and conditions, to wit:
1. That Hixson and Lehenbauer Investment Co., Inc. shall finance and maintain all water service lines
required to serve the above described properties and that Hixson and Lehenbauer Investment Co., Inc.
shall own all said water lines, etc. installed by Hixson and Lehenbauer Investment Co., Inc., unless the line
is designed and installed to City standards, located in an easement or right-of-way and accepted for
maintenance by the City.
2. That the City agrees to provide Hixson and Lehenbauer Investment Co., Inc. with the necessary water
meter. Hixson and Lehenbauer Investment Co., Inc. agree to post a cash deposit with the City, which shall
be equal to the City's cost for the meter. The deposit shall be refunded to Hixson and Lehenbauer
Investment Co., Inc. upon return of the meter to the City in proper operating condition provided, however,
that in the event the properties served by this agreement are annexed into the corporate limits of the City
within two (2) years following the date of this agreement said deposit shall be refunded to the Hixson and
Lehenbauer Investment Co., Inc. at that time.
3. That Hixson and Lehenbauer Investment Co., Inc. agrees to pay all expenses connected with the
installation of said meter. The meter shall be installed at a location to be designated by the City and in
accordance with the specifications and requirements of all existing City ordinances or policies.
4. That Hixson and Lehenbauer Investment Co., Inc. shall be responsible for maintenance and care of the
water meter as provided in the City ordinances.
5. That each of the Consumers grants the City and its duly authorized employees or agents the right to
inspect their premises at all reasonable times to determine compliance with this agreement and the City
ordinances now in effect or hereinafter amended pertaining to water service.
Book: 1130 Page: 162
Amended Water Connection Agreement and Consent to Future Annexation
(Outside City Limits)
Page 4 of 7
6. That each of the Consumers agree that the water service authorized by this agreement shall be used only
for the purpose of serving industrial uses within the area described in Exhibit "A" and depicted on Exhibit
"B".
7. That the City reserves the right to curtail or terminate water service in the event of unforeseen emergency
or disaster. The City assumes no responsibility for damage resulting from variance in water pressure or
volume.
8. That each of the Consumers agrees that a new application for water service must be made for any change
in occupancy to a non-industrial use on the above described properties or in the service as described in
this agreement, and the City shall have the right to discontinue the water supply until new application is
made and approved. The Francis P. and Marie Lynn Ryan Trust understands and acknowledges that a
change in tenancy on the Hixson and Lehenbauer Investment Co., Inc. tract (Tract "A") could result in the
discontinuation of the water supply to the Francis P. and Marie Lynn Ryan Trust tract (Tract "8").
9. That the Consumers each shall not connect the City water supply with their own water supply or to any
other system which would permit water from any other source to be co-mingled with the City water supply.
10. That the Consumers each agree to furnish and pay all expenses connected with the installation of
backflow preventer(s} which shall be installed on their respective properties at locations to be designated
by the City and in accordance with the specifications and requirements of the Director of Utilities.
11. That all billings and collections for water service shall be pursuant to City ordinances now in effect or as
hereinafter amended. Hixson and Lehenbauer Investment Co., Inc. agree to be solely responsible for the
payment of all water charges. These charges are computed monthly by the City and are based upon
actual water usage as recorded by the water meter. The two (2) "Consumers" will determine their
individual charges in such manner as they shall agree. The City will not be involved in this private
determination, but will hold Hixson and Lehenbauer Investment Co., Inc. solely responsible for all City
billings pertaining to water service.
12. The total cost of construction of the West Grand water main is estimated to be $290,076, and the
Consumers agree to pay their proportionate share of the construction cost as a hook up charge. Payment
of the hookup charge to the City shall be made at the time of connection and the amount of the charge
shall be based on the developable square footage or acreage of Tract "A" and Tract "8" as legally
described in Exhibit "A". This hookup charge 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.
Book: 1130 Page: 163
Ame~ded Water Connection Agreement and Consent to Future Annexation
(Outside City Limits)
Page 5 of 7
13. That each of the Consumers agree to hold the City harmless for any expenses, cost, claims, injuries or
damages arising out of the construction, maintenance and use of the water service herein requested to be
provided, except for expenses, cost, claims, injuries or damages which are caused by the negligence of an
employee or agent of the City.
14. That in consideration of the City's delivery of water service to the property described in Exhibit "A" and
depicted on Exhibit "B", the Consumers hereby covenant that they shall consent to annexation of these
properties into the City at such time in the future that any part of this property adjoins the City and the City
Commission determines it to be in the best interest of the City to annex said property. This covenant shall
be binding upon and run with the property described in Exhibit "A".
Book: 1130 Page: 164
Amended Water Connection Agreement and Consent to Future Annexation
(Outside City Limits)
Page 6 of 7
This agreement shall be binding upon and extended to the heirs, executors, trustees and assigned of the respective
parties hereto.
THE CITY OF SALINA, KANSAS
By: ,r/a4-4. ?~
Martha A. Tasker, Director of Utilities
CONSUMERS:
Hixson and Lehenbauer Investment Co.,lne.
By: VJaJI~~~~
Barbara Young, Pre e~ of /'
Hixson and Lehenbauer Investrflent Co., Inc.
Francis P. and Marie Lynn Ryan Trust
By: q~p~
Francis P. Ryan, Trustee
BY:~~,e~
Marie Lynn Ryan, T stee
STATE OF KANSAS, COUNTY OF SALINE, SS:
I\h~
On this 01- day of Xt\t. , 20 ()(, before me a Notary Public in and for said state, personally appeared
Martha A. Tasker, Director of Utilities for the City of Salina, Kansas, known to be the person who executed on
behalf of the City of Salina, Kansas, the within Amended Water Connection Agreement and Consent to Future
Annexation and acknowledged to me that she executed the same for the Rurposes therein stated.
fIU~~
Notary Public
My appointment expires: ~. ~3 -/) ,
~ . NOTARY PUBLIC - State of Kansas
~ Melissa L. Rose
My Appt. EXPires.:1.~'J~tf)'
STATE OF KANSAS, COUNTY OF SALINE, SS:
On this L i.... day of ""'J; J\( , 20 ~ before me a Notary Public in and for said state, personally appeared
Barbara Young, President of Hixson and Lehenbauer Investment Co., Inc. known to me to be the same persons who
executed the within Amended Water Connection Agreement and Consent to Future Annexation and acknowledged
to me that they executed the same for the purposes therein slBted~ / ~
Notary Public
My appointment expires: J - ~ 3- 0'1
~ . NOTARY PUBLIC - State of Kansas
~ Melissa L. Rose
My Appt Expires ~.Il'.",
~..,.,....,.",~~_,.,,>s
Bookl 1130 Pagel 165
Amended Water Connection Agreement and Consent to Future Annexation
(Outside City Limits)
Page 7 of 7
STATE OF KANSAS, COUNTY OF SALINE, SS:
On this J [t- day of J;,"t , 20 ,? before me a Notary Public in and for said state, personally appeared
Francis P. Ryan and Marie Lynn Ryan, Trustees of the Francis P. and Marie Lynn Ryan Trust known to me to be
the same persons who executed the within Amended Water Connection Agreement and Consent to Future
Annexation and acknowledged to me that they executed the sam4-,e"C stated.
Notary Public
My appointment expires: p...~~t>q
~.... _..IN OTARY PUBLIC - State of Kansas
~ Melissa L. Rose
, ,~ · ...-.., fvly Appt. Expires /loP' -69
CONTRACT NO.
TAP NO.
Final plumbing inspection, completed and approved on
City Inspector
City of Salina
Book: 1130 Page: 1~
Exhibit "A"
Tract "A"
Hixson and Lehenbauer Investment Co., Inc. Description
Lots One (1), Two (2), Three (3) and Four (4) in Block One (1) and Lots Two (2), Three (3), Four
(4) and Five (5) in Block Two (2) of the Hixson-Lehenbauer Subdivision P.U.D., in Saline County,
Kansas.
And
A tract of land described in Saline County Register of Deeds Book 383 Page 542 as follows:
A tract of land located in the North Half of the Northeast Quarter (N1/2 NE1/4) of Section Eleven
(11), Township Fourteen (14) South, Range Three (3) West of the 6th Principal Meridian, in Saline
County,
Beginning at the Southeast corner of the North Half of the Northwest Quarter of said Section
thence NOo034'11'W a distance of 448.34' to the point of beginning,
-thence S89004'20"E a distance of 6.04'
-thence N11 019'38"W a distance of 32.33'
-thence SOo034'00"E a distance of 31.6' to the point of beginning. Containing 95.3 sq. ft.
more or less.
The above tracts described in meets and bounds as follows.
A tract of land located in the North Half of the Northeast Quarter (N1/2 NE1/4) of Section Eleven
(11), Township Fourteen (14) South, Range Three (3) West of the 6th Principal Meridian, Saline
County, Kansas, more particularly described as follows:
Commencing at the Southwest corner of the North Half of the Northeast Quarter of said Section
Eleven;
Thence along the West line of said Northeast Quarter on the platted bearing from the Final Plat of
the Hixson-Lehenbauer Subdivision P.U.D. N 00034'00" W a distance of 448.33 feet to a point on
the South line of Lot Two (2), Block Two (2) of said Final Plat of the Hixson-Lehenbauer
Subdivision P.U.D. extended West, said point being the point of beginning,
Thence continuing N 00034'00" W along said West line for a distance of 489.17 feet to the
Northwest corner of Lot Four (4) in said Block Two (2);
Thence N 89028'10" E along the North line of said Lot Four (4) for a distance of 93.65 feet to the
Southwest corner of Lot Five (5) said Block Two (2);
Thence N 00032'50" W for a distance of 122.18 feet to the Northwest corner of said Lot Five (5);
Thence S 89015'40" E along the North line of said Lot Five (5) and Lot Four (4), Block One (1) of
said Final Plat of Hixson-Lehenbauer Subdivision P.U.D. for a distance of 605.34 feet to the
Northeast corner of said Lot Four (4), Block One (1);
Thence S 08010'50" W along the East line of Lots Four (4), Three (3) and Two (2) of said Block
One (1) for a distance of 453.89 feet to a point on the North line of Lot One (1) of said Block One
(1 );
Thence N 89058'30" E along the North line of said Lot One (1) extended for a distance of 40.67
feet;
Thence S 00008'10" W for a distance of 71.64 feet;
Thence N 89051 '50" W for a distance of 20.00 feet;
Thence S 00008'10" W for a distance of 50.00 feet;
Thence N 89051 '50" W for a distance of 37.84 feet to a point on the East line of said Lot One (1);
Thence S 08010'50" W along the East line of said Lot One (1) for a distance of 90.87 feet;
Thence S 89058'30" W for a distance of 140.97 feet;
Thence S 00001 '30" E for a distance of 390.18 feet to a point on the South line of the North Half of
the Northeast Quarter of said Section Eleven;
Thence S 89046'40" W along said South line for a distance of 40.00 feet to the center line of an
access road extended;
Thence N 00001 '30" W along said centerline for a distance of 439.96' to the Southeast corner of
Lot Two (2) in said Block Two (2);
Thence N 89004'20" W along the South line of said Lot Two (2), Block Two (2) and extension
thereof for a distance of 359.86 feet to the point of beginning.
The above described tract contains 9.60 acres more or less, 0.03 acres more or less of which is
subject to a 30 foot county roadway easement.
Tract uB"
Francis P. and Marie Lynn Ryan Trust Description
Book: 1130 Page: 167
Lot One (1) in Block Two (2) of Hixson-Lehenbauer Subdivision P.U.D. in Saline County Kansas.
And
A tract of land described in Saline County Register of Deeds Book 383 Page 541 as follows:
A tract of land located in the North Half of the Northeast Quarter (N1/2 NE1/4) of Section Eleven
(11), Township Fourteen (14) South, Range Three (3) West of the 6th Principal Meridian, in Saline
County,
Beginning at the Southeast cornerofthe North Half of tLe NorthwestQuarterofsaidSection ...
thence N89046'40"E a distance of 91.32'
-thence N11019'38'W a distance of 456.76'
-thence N89004'20'W a distance of 6.04'
-thence SOo034'OO"E a distance of 448.34' to the point of beginning. Containing .5 acres
more or less.
The above tracts described in meets and bounds as follows.
A tract of land located in the North Half of the Northeast Quarter (N1/2 NE1/4) of Section Eleven
(11), Township Fourteen (14) South, Range Three (3) West of the 6th Principal Meridian, Saline
County, Kansas, more particularly described as follows: -
Beginning at the Southwest corner of the North Half of the Northeast Quarter of said Section
Eleven;
Thence along the West line of said Northeast Quarter on the platted bearing from the Final Plat of
the Hixson-Lehenbauer Subdivision P.U.D. N 00034'00" W for a distance of 448.33 feet to a point
on the North line of Lot One (1), Block Two (2) of satd Final Plat of Hixson-Lehenbauer Subdivision
P.U.D. extended west;
Thence S 89004'20" E along said North line for a distance of 417.03 feet to the Northeast corner of
said Lot One (1);
Thence S 00001'30" E along the East line of said Lot One (1) for a distance of 439.96 feet to a
point on the South line of said North Half of the Northeast Quarter;
Thence S 89046'40" W along said South line for a distance of 412.77 feet to the point of beginning.
The above described tract contains 4.23 acres more or less, 0.28 acres more or less of which is
subject to a 30 foot county roadway easement along its soutllline.
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Entered 1 ral1d.r Record In m,.~. t~
I . COUNTY .~; .,,-
I . ~ ~.,
dlvof · . D.20~
REBECCA ~ Ii
REGISTER IF DEEDS l,;. . I
SlIt<( cwm IUNiAS f\I
Sook: 1110 Pagel 1015
RIl1!lpt II 27355 lotal Fees: t12..
Pagn Rlcorded: 2
llite Recorded: 8/11/2815 11:11:47 AI
KANSAS WARRANTY DEED
(Statutory Form)
On this 12th day of July 2005, FRANCIS P. RYAN A/KfA FRANCIS RYAN AND
MARIE LYNN RYAN A/KJA MARY LYNN RYAN, husband and wife, CONVEY AND
WARRANT to MARIE LYNN RYAN & FRANCIS P. RYAN, TRUSTEES, OR THEIR
SUCCESSORS, OF THE MARIE LYNN RYAN TRUST UNDER AGREEMENT DATED
MAY 6, 200S, --1_ ':)
\ y\"-L \~ "-tJ[l~
--~+-W-
\ -
all of the following-described real estate in SALINE COUNTY, Kansas: a-c~(t.~
t"""L<:',,"*,~' ~
See attached Exhibit "N' · & u.M .Q..J2O-UJ
,,30-/91
Pursuant to K.S.A. 79-1437e, a Real Estate Sales Validation Questionnaire is not reql
Exception No. 7
EXCEPT AND SUBJECT TO: easements and restrictions of record
7bhlAJ~ P ~
Francis P. Ryan
vm~)~ ~~ )
Marie L~
STATE OF KANSAS, COUNTY OF SALINE, SS.
ThIS instrument was acknowledged before me thIS 12th day of July 2005, by Francis P.
Ryan aJk/a Francis Ryan and Marie Lynn Ryan a/kJa Mary Lynn Ryan, husband and Wife.
fi}
CIaOIIQI YMNIMCH
8111I af KanIa
My Appt. Exp. JIlL 27, 2008
~
REBEIDl ~
1l.6ISTER (f DEEDS G A/
lR.INE coooY KANSAS "
Book. 1110 ~agel 1017
RtC.1P! I: 27A55 Iota! Fils: ft2..
Pages Recorded: 2
Bit. R.cord.d: 8/11/2085 11:81:48 AM
KANSAS WARRANTY DEED
(Statutory Form)
On this 12th day of July 2005, FRANCIS P. RYAN A/KJA FRANCIS RYAN AND
MARIE LYNN RYAN A/KJA MARY LYNN RYAN, husband and wife, CONVEY AND
WARRANT to FRANCIS P. RYAN & MARIE LYNN RYAN, TRUSTEES, OR THEIR
SUCCESSORS, OF THE FRANCIS P. RYAN TRUST UNDER AGREEMENT DATED
MAY 6, 200S,
all of the following-described real estate in SALINE COUNTY, Kansas:
See attached Exhibit "A"
Pursuant to K.S.A. 79-1437e, a Real Estate Sales Validation Questionnaire is not required due to
Exception No.7
EXCEPT AND SUBJECT TO: easements and restrictions of record
~~.P~
Francis P. Ryan .
UM.~~
~ 'V"-
Marie Lynn Ryan
STATE OF KANSAS, COUNTY OF SALINE, ss.
TIns mstrument was acknowledged before me thIS Ith day of July 2005, by Francis P.
Ryan alkJa Francis Ryan and Marie Lynn Ryan aIkIa Mary Lynn Ryan, husband and WIfe.
~~~
~::.:n:1
Salina Annexation Agreement
Ryan Trust and Hixson and Lehenbauer Investment Co., Inc. 06-01 -2006 .4
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