Annex Utility Salina Annexation Agreement
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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.