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Annex Utility Salina Annexation Agreement Reece Construction Co. 06-02-97 r ,i s .-�_. -` s ' r 'I k - '" i 'I ' 1 a. i ;1-44 .. _ 1 l I 44 .f i � --- _ _ �--z Grand Ave /, '� 1 i i 1:1 • i 4 1-----I);4 - 0 t' . y r /-- �1 +moi`-_ l ' y. a 1 'k - .—i-.- 1 14 -f - 1 II h .‘- - R• t Reece Construct)• 1 1V' -- '/ {` - Lincoln Q',. ' 06-02-97 -401 m' • r ec wt , - — 1! . Northam - - � �ilii� Ir .-04111 rtgm, IYi F • / 1 A' , g a @ii ' �- N p It .f _ l,. the L - _ ' 1I i II I. 1 '1 t WATER CONNECTION AGREEMENT AND CONSENT TO FUTURE ANNEXATION (OUTSIDE CITY LIMITS) TIllS AGREEMENT, made and entered into this ~ddayof ~/? e ,1997, by and between the City of Salina, Kansas, herinafter referred to as the "City", and Reece Construction Co. Inc., hereinafter referred to as the "Consumer". 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. Consumer 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 Consumer shall fund and maintain all water lines required to serve the above described property and the Consumer shall own all said water lines, etc. installed by Consumer. 2. That City agrees to provide the Consumer with the necessary water meter. The Consumer 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 Consumer 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 Consumer. 3. That Consumer 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 Consumer shall be responsible for maintenance and care of water meter as provided in the City ordinances. 5. That the Consumer 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. ( WATER CONNECTION AGREEMENT AND CONSENT TO FUTURE ANNEXA nON (OUTSIDE CITY LIMITS) PAGE TWO 6. That water service authorized by this agreement shall be used only for the purpose of serving residential uses within the area designated on Exhibit "A". 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 Consumer 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 Consumer agrees to furnish and pay all expenses connected with the installation of back flow 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 Consumer agrees to pay the City a connection fee of$5.67 per front footage along North Street. The total connection fee for the 75' building site therefore, is $425.00. This fee shall 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 Consumer hereby consents 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 said property. 14. That the Consumer 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 Consumer, except for expenses, cost claims, injuries or damages which are caused by the negligence of an employee or agent of the City. WATER CONNECTION AGREEMENT AND CONSENT TO FUTURE ANNEXATION (OUTSIDE CITY LIMITS) PAGE THREE This agreement shall be binding upon and extended to the heirs, executors, administrators, trustees and assigns of the respective parties hereto. THE CITY OF SALINA. KANSAS CONSUMER: REECE CONSTRUCTION CO.. INC. By: J7l&-; ~ ~ Mary Lou Reese, Presid nt -, !} , By: '};.;Jj ;/I~{;~C_ H. W. Reese, Secretary STATE OF KANSAS, COUNTY OF SALINE, SS: On this 7- \ day of MIJY , 1997, before me a Notary Public in and for said state, personally appeared Mary Lou Reese and H.W. Reese, of Reece Construction Co., Inc. known to me to be the persons who executed the within Water Connection Agreement and Consent to Future Annexation, aod acknowledged to me that they execL: for the purposes therein stated. .IARYPllll:o_of _ (l/~ RAN:)AlL R. HARDY . Notary PublIc My appointment expires: 3 JPN UO l STATE OF KANSAS COUNTY OF SALINE, SS: On this 4 ~ day of , 1997, before me a Notary Public in and for said state, personally appear a D nald E. Hoff, Director of Engineering and Utilities for the City of Salina, Kansas, known to me to be the person who executed on behalf of the City 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 stated. _ cf(cdD~ ~L Notary Public My appointment expires: A . laDONNA BENNETT Sfiiji1J Notary Public - State of Kansu Final plum . nd approved, CONTRACT NO. TAP NO. ,1997. Plumbing Inspector City of Salina , ., ~ .. . ...... . .... .... . . Exhibit "A" TRACT LEGAL DESCRIPTION A tract ofland located in the South Half (S 1/2 of the Northwest Quarter (NW 1/4) of Section Eleven (II), Township Fourteen (14) South, Range Three (3) West of the Sixth Principal Meridian in Saline County, Kansas described as follows: . . Beginning at a point on the South line of said Northwest Quarter ((NW 1/4),) said point being a distance of 1746.81 feet East of the Southwest comer of said Northwest Quarter (NW 1/4); - thence North a distance of 340.00 feet; - thence North 17 degrees 22 minutes 12 seconds East a distance of 721.58 feet; - thence South 89 degrees 38 minutes 47 seconds East a distance of224.58 feet; - thence North 73 degrees 22 minutes 22 seconds East a distance of 465.64 feet; - thence South 0 degrees 08 minutes 13 seconds East a distance of 170.00 feet to center line of Dry Creek Channel; - thence Southwesterly on meandering center line of said Dry Creek Channel to point on said South line of said NW 1/4, said point being a distance of2,095.17 feet East of said SW comer of said NW 1/4; - thence West along said South line of said NW 1/4, a distance of 348.36 feet to point of beginning; The above described tract ofland contains 11.39 acres more or less; AND Part of West 10 acres 6fthe Southwest Quarter (SW 1/4) of Northeast Quarter (NE 1/4), Section Eleven (11), Township Fourteen (14) South, Range Three (3) West, lying West of Right-of-Way of Union Pacific Railroad and North of Dry Creek Channel, containing 0.29 acres, more or less, described as follows; Beginning at Northwest comer of South Half(S 112) of the Northeast Quarter (NE 1/4) - thence due East on North line of said South Half (S 112) of the Northeast Quarter (NE 1/4) a distance of 40.29 feet more or less to the West Railroad ROW line; - thence Southerly along said RR ROW a distance of 184' more or less to center line of . Dry Creek Channel; :. thence Westerly and Southerly along said center line of Dry Creek Channel to a point on the West line of said South Half (S 112) of Northeast Quarter (NE 1/4), said point being 320 feet more or less South of said Northwest comer of said South HaIf(S 112) of Northeast Quarter (NE 1/4); - thence North along said West line a distance of 320 feet more or less to the point of beginning. The above described tractofland contains 0.29 acres more or less. The two tracts of land contain 11.68 Acres more or less.