Waterline Relocation
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AGREEMENT
This Agreement is made this I"'~ day of ~,. ' 1991,
between the city of Salina, a Kansas municipal co oration (the
"City") and Donald L. Roach and shirley J. Roach ("Mr. and Mrs.
Roach").
Recitals
A. Mr. and Mrs. Roach own and occupy their residence at 301 E.
Parkway, Salina, Kansas.
B. It has been discovered that the residence encroaches
approximately six inches (6") upon an eight foot (8') wide
utility easement running along the entire length of their
southeasterly lot line (the "Easement").
C. Mr. and Mrs. Roach wish to have the six inches (6") of the
Easement 1:~on ~hich their residence encroaches vacated by the
City.
D. Mr. and Mrs. Roach and the City wish to make provision through
this Agreement for the acquisition of additional utility
easement and the relocation of the water line currently
located in the Easement for the purposes of (1) protecting
their residence in the event of a water line break, (.2) to
enhance access to the water line for maintenance purposes, and
(3) to enhance the feasibility of vacation of the six (6") of
the Easement upon which the residence encroaches.
THE PARTIES therefore agree as follows:
(1) Vacation of six inches of easement. Mr. and Mrs. Roach
acknowledge that the decision whether to vacate six inches (6") of
the existing easement is solely wi thin the discretion of the
governing body of the City after following all procedures required
by state statute, including holding a public hearing on the
advisability of the proposed vacation. Mr. and Mrs. Roach agree
that they will apply for the vacation of the six inches (6") of
easement upon which their residence encroaches. The City Engineer
agrees that the plan to relocate the water line under the terms of
this Agreement will enable him to recommend to the governing body
of the City that they grant the vacation, to be effective upon the
City Engineer's certification that the water line has been
relocated pursuant to this Agreement.
(2) Additional easement. The City has obtained a commitment from
the Belmont Christian Church (the "Church") to acquire a ten foot
(10') easement adjacent to Mr. and Mrs. Roach's property line at a
cost of $625 ($.50 per square foot for the 1,250 sq. ft. easement).
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If for any reason the city is unable to acquire the easement from
the Church for a cost of $625, neither the City nor Mr. and Mrs.
Roach will be bound by this Agreement.
(3) Cost of water line relocation. Under the terms and conditions
of this Agreement the City agrees to relocate the existing water
line located in the Easement to as near the property line as
possible between the Mr. and Mrs. Roach's residence and the
Church's property. The work will be performed by either city crews
on an hourly basis or as an "add on" to City contract for utility
work. In either event the City will provide an itemization of the
labor and materials required and agrees to cap the maximum charge
for the work at $1,700 for purposes of the allocation of the
project cost outlined in paragraph (3) below.
(4) Allocation of Droiect costs. The City and Mr. and Mrs. Roach
agree to each pay one-half of the total project cost, including the
cost of acquiring the additional easement from the Church ($625)
and the cost of relocating the water line (maximum of $1,700). Any
cost associated with relocating the water line in excess of the
$1,700 cap will be paid by the City.
(5) Payment ot Droiect costs. Mr. and Mrs. Roach agree to pay
their portion of the total project costs upon completion of the
work to the city of Salina Water Department, 300 West Ash, Salina,
Kansas 67401.
(6) Bindinq effect. This Agreement shall be binding upon the
parties, their executors, administrators, heirs, beneficiaries,
successors and assigns.
EXECUTED the day and year first above written.
CITY OF SALINA, KANSAS
1m. ~'"D MnS. ROACH
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Donald L. Roach
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Shir ley J,l 'ach
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DEPARTMENT OF ENGINEERING AND UTILITIES
DONALD E. HOFF, P.E., Director . SHAWN O'LEARY, P.E., Assistant Director
300 West Ash Street. PO. Box 736 . Salina, Kansas 67402-0736
TELEPHONE (913) 826-7290 . FAX (913) 826-7244
Memo to:
Bob Biles
Shawn O'Lear~
From:
Re:
Issuance of Bill for Waterline Relocation
Date:
January 17, 1992
Pursuant to the attached agreement, the 4-inch waterline was
relocated at the following total costs:
Lump Sum Contract with J. H. Shears
Additional Materials Provided by City - -
Easement Acquisition- - - - -
-$1,749.60
214.35
625.00
Total
- -$2,588.95
By the agreement, Mr. and Mrs. Roach are obligated to pay
$1,162.50 of this balance. With the enclosed tabulation of final
cost, we felt that you would want to issue a bill directly.
If I can answer any further questions, do not hesitate to call.
cc: Don Hoff
Greg Bengtson
Salina
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AU,MIElWCACrrf
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City of Salina
P.O. Box 736
Salina, Kansas 67402-0736
(RECEIPT NO.
)
DESCRIPTION
AMOUNT
RECEIVED FROM
RECEIVED BY:
TRIPLICATE RECEIPT
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CITY OF SALINA
City Clerk's Office - Box 736 - SsalillA, ".IIlIUL~ 67402-0736
STATEMENT
January 24, 1992
Donald L. and Shirley J. Roach
301 E. Parkway
Salina, Kansas 67401
Make all Checks Payable to City of SalillA
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Relocation of 4" waterline per agreement of August 19, 1991
Lump Sum Contract with J.H. Shears
Additional Material Provided by City
Easement Acquisition
Total Costs
$1,749.60
214.35
625.00
$2,588.95
Amount applicable to owner
1/2 cost of relocation (maximum $1,700.00)
1/2 cost of Easement Acquistion- $625.00
Total Due
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$ 850.00
312.50
$1,162.50
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