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Salina Annexation Agreement , .�.>
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WATER CONNECTION AGREEMENT
AND
CONSENT TO FUTURE ANNEXATION
(OUTSIDE CITY LIMITS)
.-/!
THIS AGREEMENT, made and entered into this ~ day of
,1998,
by and between the City of Salina, Kansas, herinafter referred to as t
Livestock Commission Co., Inc., hereinafter referred to as the "Owner".
WITNESSETH:
In consideration of the payments herein provided and the mutual convenants and agreement
herein contained, the parties hereto do hereby mutually promise and agree as follows:
Owner hereby requests permission to make connection with the City water main and the
City agrees to furnish water service to the following described property, to-wit:
(See attached Exhibit " A")
under the following terms and conditions, to-wit:
1. That Owner shall fund and maintain all water lines required to serve the above described property
and the Owner shall own all said water lines, etc. installed by Owner.
2. That City agrees to provide the Owner with the necessary water meter. The Owner
agrees 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 the Owner upon return of the meter to the City
in proper operating condition provided, however, that in the event the property served by this
agreement is 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 Owner.
3. That Owner agrees to pay all expenses connected with the installation of said meter. 1he 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 Owner shall be responsible for maintenance and care of water meter as provided
in the City ordinances.
5. That the Owner 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.
6. That water service authorized by this agreement shall be used only for the purpose of
serving a concrete recycling plant within the area designated on Exhibit "A".
UJ/I;
7
WATER CONNECTION AGREEMENT AND
CONSENT TO FUTURE ANNEXATION
(OUTSIDE CITY LIMITS)
P AGE TWO
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 a new application for water service must be made for any change in tenancy of the
above described property, 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.
9. That Owner 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 Owner agrees to furnish and pay all expenses connected with the installation
of backflow preventers which shall be installed at locations to be designated by the City and
in accordance with the specifications and requirements of the Director of Utilities.
11. All billings and collections for water service shall be pursuant to City ordinances now
in effect or as hereinafter amended.
12. The Owner agrees to pay the City a connection fee of$6.38 per front foot of property served.
This building tract has 250.76 ft. of frontage along Kansas Highway 140 therefore, the total connection
fee is $1,599.85. This fee does not include tapping charges or other plumbing costs.
13. That in consideration of the City's delivery of water service to the property, designated
on Exhibit "A", the Owner hereby covenants that they shall consent to annexation of this property
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 and to zone said property in
such a manner that its use as a concrete recycling plant will be a permitted use or an approved
conditional use and not a pre-existing, non-conforming use. This covenant shall be binding upon and
run with the property described in Exhibit "A".
14. That the Owner shall 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 to said Owner, except for expenses, cost claims, injuries or damages which
are caused by the negligence of an employee or agent of the City.
This agreement shall be binding upon and extended to the heirs, executors, administrators,
trustees and assigns of the respective parties hereto.
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WATER CONNECTION AGREEMENT AND
CONSENT TO FUTURE ANNEXATION
OUTSIDE CITY LIMITS)
PAGE THREE
THE CITY OF SALINA. KANSAS
B
FARMERS AND RANCHERS LIVESTOCK COMMISSION CO.. INC.
B
d/-
B
STATE OF KANSAS, COUNTY OF SALINE, SS:
On this 1 ~y 0 , 1998, before me a Notary Public in and for said state,
personally appeared Christi an III and William C. Hoffman of Farmers and Ranchers Livestock
Commission Co.. Inc.. kno to me be the persons who executed the within Water Connection Agreement
and Consent to Future Annexation, and acknowledged to me that they executed the same for the purposes
therein stated.
My appointment expires:
STATE OF KANSAS COUNTY OF SALINE, SS:
,LLn (\ n
On this i'--f L ['L day of--.' -.L'-~. , 1998, before me a Notary Public in and for said state,
personally appeared Don of Direct r of Utilities for the City of Salina, Kansas, known to me to be the
person who executed on bcl1a f of the lty of Salina, Kansas, the within Water Connection Agreement and
Consent to Future Annexation and acknowledged to me that he executed the same for the purposes therein
state .
ft. LaDONNA BENNETT
S!!II.9 Notary Public. Stat. of K-.
My Appt. Expires Oct. 23, 1_
~ 6 ~
.: /10 . - /''LJl..C(-L".)
Notary Public
My appointment expires: /0 .,..).:s _c't.~
Final plumbing inspection, completed and approved,
,1998.
Plumbing Inspector
City of Salina
CONTRACT NO.
TAP NO.
Farmers and Ranchers Livestock Commission Co., Inc.
Exhibit" A"
A tract ofland located in the Southwest 1/4 of Section 11, TI4S, R3W ofthe 6th P.M., Saline
Co., Kansas being more particularly described as follows:
Commencing at point 3559.90 feet South and 1004.79 feet East of the Northwest corner of said
Section Eleven (11), said point also being on the East Right-of-way line of Kansas Highway 140;
thence S88007'13"E a distance of370.08 feet to a point on the West Right-of-way line of Dry
Creek; thence S36002'20"W along the West Right-of-way line of Dry Creek a distance of 117
feet; thence S31 o55'58"W along the West Right-of-way line of Dry Creek a distance of93 feet;
thence S58004'02"E along the West Right-of-way line of Dry Creek a distance of33.49 feet to a
point on the Centerline of Dry Creek; thence Southerly along the Centerline of Dry Creek a
distance of 333. 02:f: feet to a point on the North Right -of-way line of the UP Railroad; thence
S68047'52"W along the North Right-of-way of the UP Railroad a distance of 101.20 feet; thence
N61 o20'06"W a distance of284.18 feet; thence N38049'43"E a distance of 174.97 feet; thence
N61 o20'12"W a distance of 150.00 feet to a point on the East Right-of-way line of Kansas
Highway 140; thence N38049'46"E along the East Right-of-way line of Kansas Highway 140 a
distance of250.76 feet back to the point of beginning.
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