Storm Drainage
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AGREEMENT
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THIS AGREEMENT, Made and entered into as ofthisJl: day of~, 1999, by and
between Dorothy E. Llmdberg, Kurtis G. Siemers, and Sidney A. Reitz, as Trustees of the Virgil F.
Lundberg and Dorothy E. Lundberg Trust No.1, dated December 1, 1989, hereinafterreferred to as
"Lundberg"; International Church of the Foursquare Gospel, of Salina, Kansas, hereinafterreferred .
to as "Emmanuel"; and the City of Salina, Kansas, hereinafterreferred to as "Salina."
WITNESSETH:
WHEREAS, Lundberg and EII1Ii1anuel have heretofore entered into a certain Conditional
Sale of Real Property, dated May 28, 1985, covering the following described property, to-wit:
South Three Hundred Twenty-five (325) feet of Block One (1), Lot Two (2),
Lundberg Addition, City of Salina, Saline County, Kansas;
which includes provisions for the establishment and maintenance of a storm water storage pond
(hereinafter the "original pond") on the North portion of Lot 2, Block I to serve Lots I and 2, as
required and determined by Salina,. and further provision for Emmanuel to have a right of first
refusal to purchase any adjacent property owned by Lundberg in the event of the sale thereof; and
WHEREAS, Lundberg desires to be released from its obligation to grant Emmanuel a right
of first refusal to purchase any adjacent property owned by Lundberg in the event of sale, thereby
having the right and ability to sell, convey, and transfer its adjacent property, which is described on
Exhibit "A" attached hereto and by reference made a part hereof, without having to grant Emmanuel
a right of first refusal; and
WHEREAS, Salina has an interest in and concern about further development of the adj acent
property described and referred to above because it is located in Critical Drainage Area # 2, and has
therefore, based upon applicable ordinances, regulations, and drainage criteria, established certain
restrictions and requirements on the size and location of a drainage pond and that any storm water
(detained or undetained) be diverted to the West, into the Ohio Street storm sewer system; and
WHEREAS, such requirements by Salina, upon further development of the adjacent
property, require the construction of a larger drainage pond, the installation of drainage diversion
lines from the drainage pond to the Ohio Street storm sewer system, and the installation and
maintenance of a pump system to move the water and meet Salina's requirements that water be
removed from the drainage pond within twenty-four (24) hours; and
WHEREAS, the parties have entered into this Agreement for the purpose of setting forth
their respective agreements and obligations:
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants
hereinafter set forth, the parties hereto hereby agree as follows:
.
I. SALE AND ASSIGNMENT OF PROPERTY TO EMMANUEL: Lundberg.
hereby agrees to:
(a) Grant, bargain, sell, convey, assign, transfer, and set over unto Emmanuel, on the
Closing Date hereinafter specified, the real estate described and referred to on
Exhibit "B" attached hereto and by reference made a part hereof, free and clear of all
mortgages, liens, charges, and encumbrances whatsoever, but subject. to the
requirements contained in this Agreement and easements and restrictions of record,
if any.
(b) In conjunction with the transaction provided for in subparagraph (a) hereof,
Lundberg, at its sole cost and expense, will increase the depth of the original pond
and reduce its exterior size while maintaining its existing capacity of _ gallons.
Lundberg agrees to fiH and compact the reduced area in accordance with reasonable
standards of the construction industry, but provides no guaranty or warranty that the
recompacted area will be suitable for building. Lundberg shall be allowed,if
necessary, to temporarily stockpile the remaining dirt not used in the recompaction
process at an agreed upon location in the proximity of the existing pond for use in the
development of adjacent real estate by Lundberg's successors and assigns; provided,
however, it is not anticipated that any dirt will be stockpiled thereon for any extended
period. The reconstructionofthe "new pond" will be in accordance with standards
and specifications established by Salina. Emmanuel shall remain responsible for the
maintenance of the original pond until construction of the new pond is commenced,
and shall be responsible for the maintenance of the new pond (but not the new storm
water drainage pump and pump station) once its construction is completed and it is
accepted by Salina.
(c) Until such time as development of the adjacent property is completed and the new
pump, pump station; and diversion lines are installed, Lundberg shall continue to
maintain the existing pump consistent with the practices and procedures currently
being utilized. . .
(d) Make, execute, acknowledge, and deliver to Emmanuel, on or before the Closing
Date hereinafter specified, a Special Warranty Deed conveying the real estate
described on Exhibit "B" attached hereto to Erlunanuei, subject to the requirement
that a drainage pond be maintained thereon as provided for herein. _
2. CONSTRUCTION OF DIVERSION LINE AND PUMP STATION: The parties
acknowledge and agree that, as a condition precedent to Salina's consideration of any application
for a building permit for development of the adjacent property, it shall be necessary for the parties
to carry out the (I) dedication of a public drainage easement, (2) installation of a diversion line for
the purpose of carrying storm water run-off from the new pond to the Ohio Street storm drainage
system (hereinafter the "diversion line"), and (3) instaHation of a new storm water drainage pump
and pump station in accordance with City of Salina specifications and requirements [(2) and (3)
collectively referred to herein as the "Project"], all as follows:
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(a) Dedication of Public Dr~inage Easement. Prior to or concurrently with the closing
on the sale of real estate by Lundberg, Lundberg shall dedicate a public drainage
easement twenty feet(20') in width for the location of the diversion line.
(b) General Improvement"Project. The parties agree that the Project will be constructed
and financed as a general improvement project pursuant to K.S.A. 12-6aOl, et seq.
Salina agrees that the share of the Project to be paid by the city at large shall be equal
"to the cost of designing and constructing the diversion line. Lundberg agrees that the
balance of the costs of the Project shall be specially assessed over a period of up to
fifteen (15) years against the following described real estate:
Lot One (1), Block One (1), Lundberg Addition to the City of Salina,
Saline County, Kansas
Lundberg or its successors and assigns shall either file the petition to initiate the
general improvement project or abide by its waiver of protest of a petition for the
Project initiated by Salina's governing body. Lundberg's waiver of protest and
consent to special assessments is evidenced by the Covenant of Consent to General
Improvement Project and Waiver of Protest attached as Exhibit "C," the original of
which shall be signed by Lundberg simultaneously with the execution of this
Agreement and" recorded in the records of the office of the Saline County Register of
Deeds.
(c) Ongoing Maintenance Following Construction. Once installed and accepted by
Salina, Lundberg's successors and assigns shall assume and be responsible for
maintenance oftheProject.
3. COMMITMENT FROM SALINA: "In order to accomplish the agreements of/he
parties hereto, Salina:
(a) Acknowledges that the design plans for the new pond as most recently submitted by
Lundberg call for a pond of sufficient capacity to meet the requirements for full
development of Lundberg Addition and which will meet city specifications relating
to construction of the new pond.
(b) Agrees to design, develop, and construct, the Project as described in Paragraph 2
" above.
4. RELEASE OF RIGHT OF FIRST REFUSAL: Emmanuel hereby fully and
forever releases and disclaims any right of first refusal it received under or by reason of the
Conditional Sale of Real Property described in the preambles hereof or otherwise as it relates to the
property described on Exhibit "A "hereto.
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5. CLOSING DATE:
Date shall be
parties hereto.
The parties hereby agree that for purposes hereof, the Closing
, or such other date as may be mutually agreed upon by the
6. MARKET ABLE TITLE: As soon as is reasonably possible but in no event later
than thirty (30) days after execution of this Agreement, Emmanuel shall obtain, at its sole cost and
expense, a commitment for the issuance of an owner's policy of title insurance, showing marketable
title in the property described on Exhibit "B" hereto in Lundberg, free and clear of all liens, charges,
and encumbrances whatsoever, but subject to the exceptions customarily and normally excepted
. from commitments for title insurance in the state of Kansas and the requirements set forth in this.
Agreement, and subject to the requirement that a drainage pond be maintained thereon per
specifications developed by Salina. Upon receipt of such commitment for the issuance of an owner's
policy of title insurance, Emmanuel shall have ten (10) days from that date to cause same to be
examined by its attorneys and to cause the written requirements of such attorneys to be
communicated to Lundberg. Lundberg shall have .a reasonable time to cause all proper title
requirements to be met and complied with, but if the same cannot be met within L-J
days after such written requirements are communicated to Lundberg, then this Agreement shall
become null and void. On the Closing Date hereinafter specified, Emmanuel shall cause an owner's
policy oftitle insurance to be issued pursuant to such commitment for issuance. Emmanuel shall
pay the cost of obtaining such owner's policy of title insurance hereunder.
. 7. ASSIGNMENT: The parties hereto understand and agree that this Agreement and
the property being conveyed hereunder and the adjacent property described on Exhibits "A" and"B"
hereto may not be sold, assigned, or transferred without any such sale, assignment, or transfer
recognizing and imposing the restrictions as set forth herein and as are otherwise of record.
8. TAXES AND TRANSFER FEES: All taxes and general and special assessments
levied or assessed against the properties described and referred to in Paragraph I hereoffor the year
1998 shall be paid by Lundberg. All subsequent years shall be paid by Emmanuel on the property.
described on Exhibit "B" hereto.
9. GOVERNING LA tv AND BINDING EFFECT: This Agreeinent and all of the
transactions described herein shall be governed in accordance with the laws of the state of Kansas,
and shall be binding upon and inure to the benefit of the parties hereto and their respective
successors and assigns. .
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IN WITNESS WHEREOF,the parties have hereunto set their hands the day and year first
above written.
"LUNDBERG"
VIRGIL F. LUNDBERG AND DOROTHY E. LUNDBERG
TRUST NO. 1, Dated December 1,1989
By: D::~~n!:~
By -x!t~~
. is G. SIemers, Trustee
By:
;d;'k~,.. ~ ,d~
Sidney A/Reitz, Trustee' .
"EMMANUEL"
INTERNATIONAL CHURCH OF THE FOURSQUARE
GOSPEL
BY~ ~ 6 c~? '
t'aul . ~sser t res~ent
CITY OF SALINA, KANSAS
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By:
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ALL-PURPOSE ACKNOWLEDGEMENT
State of
County of
CALIFORNIA
LOS ANGELES
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On December 29,
, 19~, before me, GloriaM, Garrison
Name of Notary
personally appeared
Paul C, Risser and Herbert E, Schneidau, Jr.
Name of Person(s) signing
[X] personally known to me - OR - [ ] proved to me the basis of satisfactory evidence to be the person(s) whose
name(s) is / are subscribed to the within instrument and acknowledged
to me that he / she / they executed the same in his / her"/ their
capacity(ies), and that by his / her / their signature(s) on the instrument
theperson(s), or the entity"upon behalf of which the person(s) acted,
executed the instrument.
~~"~~""----E1
~- GlORiAM, GARRiSON
7'.......; _, Comrni$sio:1 #= 10e2031
~ ~,~e" ... No~ary Pu:,tic:"- California ~
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j ~__l:A:e'cCUn,y
. -.,.' r.i-,yComm, E:';frei Jon 1.20;::0
Witness my hand and official seal,
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Signature of Notary
.......................................................................................................................................
CAPACITY CLAIMED
BY SIGNER
- OPTIONAL SECTION -
" [] Individual(s) [] Trustee(s) [] Guardian/Conservator
[ ] Subscribing Witness [] Attorney-in-Fact [] Other
"[X) Corporate Officer(s) Titles President and Secretarv
SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES)
~. . .. .. . .. . .. ..... . ... ... . . ..... .... ...... .. ........ ...... ... .. ... .. .. ..... .. ..... ... . ... .... .. ... .... . ..... ... ... .... . . " ... . .. . ... . ..... .
International Church of the Foursouare Gospel
ATTENTION NOTARY:
.. '.... . ..-. .. .".; . ..; ..,; '.... . .. .... . '... .. ... .,;.. '..... .. . .. ....... ~... ...";.. .:.. .". .. .. '...... ~..... ~.. . ~.... . .". ;. . .. . .. .. .,.. .. .... . ... ... .......
Although the information requested below is OPTIONAL, it could prevent
fraudulent attachment of this certificate to unauthorized document:
~\
THIS CERTlFICA TE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
Title of Type of Document: Aereement
Number of Pages:~ Date of Document:
Signer(s) Other Than Named Above:
1993 N~lional Notary Association..() Canoga Park, CA
CopynXhl
STATE OF KANSAS )
) ss
COUNTY OF SALINE )
. . ~.
The foregoing instrument was acknowledged before me this~ day ofT'le.( Q. "" b'--F,
1999, by Dorothy E. LWldberg, Kurtis G. Siemers, and Sidney A. Reitz, as Trustees ofihe Virgil F.
LWldberg and Dorothy E. Lundberg Trust No.1, dated December 1, 1989, on behalfof said Trust.
My Appointment Expires: .
f\. DIANE HOYT
~ Notary Public ~ Slate of Kansas
My App' Exp;res '"\. \ 'v. 00 d.
STATE OF KANSAS )
) ss
COUNTY OF SALINE )
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Notary Public
The foregoing instrument was acknowledged before me this _ day of
1999, by ofInternational Church of the
Foursquare Gospel, of Salina, Kansas, on behalf of the International Church of the Foursquare
Gospel.
My Appointment Expires:
STATE OF KANSAS
~ 1lARBAAAR. WEBal
OOfWPUU:
STAlE (If XIh'SAS
.. . l.tt1!ltEl\1. '1-C-'3
Notary Public
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EXHIBIT "A"
Lot One (I), Block One (I), Lundberg Addition to the City of Salina, Saline County,
Kansas
EXHIBIT uB"
Lot Two (2), Block One (I), Lundberg Addition to the City of Salina, Saline County,
Kansas
."
EXHIBIT "c"
COVENANT OF CONSENT TO GENE:RAL IMPROVEMENT PROJECT
AND WAIVER OF PROTEST
This COVENANT is made this ,,;};1.. day of ,.1/0"><>/>16",1- , ]999, by Dorothy E.
Lundberg, Kurtis G. Siemers, and Sidney A. Reitz, as Trustees of the Virgil F. Lundberg and
Dorothy E. Lundberg Trust No. ], dated December], ] 989 (hereinafter referred to as "Lundberg").
Recitals
I. Lundberg owns the following described rea] estate:
Lot One (I), B]ock One (I), Lundberg Addition to the City of Salina, Saline.
. . .
County, Kansas
(hereinafter referred to as the "Real Estate"). .
2. Lundberg has entered into a certain Agreement dated "v"v...,....k.o<- .;t:z, ]999
(hereinafter referred to as the "Agreement"), with the City of Salina, Kansas (hereinafter referred to
as the "City") and Internationa] Church of the Foursquare Gospel, of Salina, Kansas (hereinafter
referred to as "Emmanuel").
3. The Agreement provides, in part, that as a condition precedent to the City's
consideration of any application for a building permit for development of the Real Estate, it will be
necessary to complete (a) the installation of a diversion line for the purpose of carrying storm water
. run-off west from the new storm water detention pohd to be constructed on the North portion of Lot
Two (2), Block One (I) of the Lundberg Addition (hereinafter referred to as the "new pond") to the
Ohio Street storm drainage system, and (b) for theinstallation of a new storrnwater drainage pump
and pump station at the new pond [(a) and (b) collectively referred to as the "Project").
4. The Agreement also provides that the Project y,'ill be constructed and financed as a
general improvement project pursuant to K.S.A. ]2-6aO], et seq., with the city at large to be
responsible for the cost of design and construction of the diversion line and the Real Estate to be
. specially assessed for the balance of the costs of the Project.
THEREFORE, Lundberg, for itself and its Successors and assigns, hereby consents to the
special assessments as described above against the Real Estate resulting from construction of the
Project as a general improvement project and waives any and all rights of protest of such a petition
otherwise applicable under K.S.A ]2-6a06. This COVENANT shall run with the land and be
binding upon Lundberg and its Successors and assigns.
]
,-
EXECUTED the day and year first stated above,
"LUNDBERG"
VIRGIL F, LUNDBERG AND DOROTHY E.LUNDBERG
TRUST NO. I, Dated December 1,1989
By: ,~~z..~r-
DOro~:"ro j/ .,.,
BY:~ '
, K rtis G. Siemers, Trustee "
By:
~~'v 67 &~2)
Sidney A;Reitz, Trustee /-
"SALINA"
By:
CITY OF SALINA, KANSAS
Il~,~
.' /
STATE OF KANSAS )
) ss
COUNTY OF SALINE )
The foregoing instrument was acknowledged before me thisC;Le,." day ofi\,~~ ",\,-'...\ ,
1999, by Dorothy E. Lundberg, Kurtis G. Siemers, and Sidney A. Reitz, as Trustees of the Virgil F.
Lundberg and Dorothy E. Lundberg Trust No. I, dated December I, 1989, on behalf of said Trust.
0~,yc,-uJ'3r{-\
Notary Public '
My Appointment Expires:
~ Nota~~~~~s~t~~~a.:'~'
My Appl. Expi,es '\ . \ \0. , "
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