Agr: Private Water Service Line, 2404 N. Fifth St.REBECCA SEM C,
{, REGISTER Or DEEDS tq
SALINE COUNTY KANSAS
Book: 1144 Page: $20
Receipt #: 335" Total Fees: $32M
Pages Recorded: 7
LICENSE AGREEMENT Date Recorded: 1/22512007 3:16:58 PM
This License Agreement made this day of January, 2007, by and between the CITY
OF SALINA, KANSAS, a municipal corporation (the "City") and CLARENCE E. and CONNIE J.
WILSON, Husband and Wife (the "Licensees").
RECITALS
A. The Licensees own the real estate in the City of Salina, Saline County, Kansas,
legally described in the attached and incorporated Exhibit A, upon which they own and reside in a
dwelling addressed as 2404 North 5th Street.
B. Licensees have informed the City of their desire to install a private water service line
within the public right-of-way for North 5th Street for the purpose of connecting Licensees with the
city's public water distribution system in Gold Road.
C. The City has determined that the granting of a license to the Licensees to install the
private water service line within the public right-of-way as depicted on the attached and incorporated
Exhibit B should not interfere with use of the public right-of-way by the City or its franchisees.
D. The City has determined that the public interest is served by granting a license to the
Licensees to install the private water service line within the North 5th Street public right-of-way,
subject to the terms and conditions outlined below.
THE PARTIES THEREFORE AGREE:
1. Grant. The City hereby grants a license (the "License") to the Licensees to install
and maintain install a private water service line (the "Line") in the North 5th Street right-of-way as
depicted on Exhibit B (the "Right -of -Way"), for the limited purpose of connecting Licensees
residence with the public city's public water distribution system in Gold Road. The Line is not for
the provision of any water service under any arrangement with any person or entity other than the
Licensees, their heirs and authorized assigns.
2. Use of Right -of -Way. In the use of the Right -of -Way under this Licensee
Agreement, the Licensee shall be subject to all rules, regulations, policies, resolutions, and
ordinances now or hereafter adopted or promulgated by the City and shall be subject to all applicable
laws, orders, rules, and regulations adopted by governmental bodies now or hereafter having
jurisdiction. In addition, the Licensee shall be subject to all rules, regulations, policies, resolutions,
and ordinances now or hereafter adopted or promulgated by the City relating to permits and fees,
sidewalk and pavement cuts, utility location, construction coordination, beautification, and other
requirements on the use of the public right-of-way and shall comply with the following:
a. The Licensees' use of the Right -of -Way shall in all matters be subordinate to
the City's use of the Right -of -Way for any public purpose. The Licensees shall coordinate
the placement of the Line in a manner which minimizes adverse impact on public
improvements, as reasonably determined by the City. Where placement is not otherwise
.r Book: 1144 page: 821
regulated, the Line shall be placed with adequate clearance from such public improvements
so as not to impact or be impacted by such public improvement.
b. All earth, materials, sidewalks, driveway approaches, paving, crossings,
utilities, public improvements, or improvements of any kind injured or removed by the
Licensees in their activities under this License Agreement shall be fully repaired or replaced
promptly by the Licensees at their expense and to the reasonable satisfaction of the City or
owner thereof.
C. All of the materials, plans, and installation of the Line shall be approved by
or as directed by the Utilities Director in accordance with the approved bid specifications.
d. The Licensees shall keep and maintain accurate records and as -built
drawings depicting accurate horizontal and vertical location of the Line as constructed or
reconstructed in the Right -of -Way after the date hereof. All points of the Line shall be
horizontally located from street centerline, or section or quarter section lines or corners.
Vertical locations or all points of facilities shall consist of elevations in either City datum or
United States Geological Survey datum.
e. Prior to construction, reconstruction, or relocation of any facilities in the
Right -of -Way, the Licensees or their contractors shall submit to the Utilities Director for
approval, plans and specifications of the proposed installation. Such approval shall not be
unreasonably withheld, delayed, or conditioned.
f. The Licensees shall cooperate promptly and fully with the City and take all
measures necessary to provide accurate and complete information regarding the nature and
locations, both horizontal and vertical, of the Line located within the Right -of -Way when
requested by the City or its authorized agents for a public project. Such location and
identification shall be at the sole expense of the Licensees without expense to the City, its
employees, agents or authorized contractors. The Licensees shall have a person familiar
with the facilities, who is responsible for timely satisfying information needs of the City and
other users of the Right -of -Way.
g. The Licensees shall promptly relocate or adjust the Line located in the Right -
of -Way for any project planned or undertaken by the City or any governmental entity for
construction, reconstruction, maintenance, or repair of public facilities or public
improvements, or any other purpose of a public nature. Such relocation or adjustment shall
be performed by the Licensees at their sole expense without expense to the City, its
employees, agents or authorized contractors and shall be specifically subject to rules and
regulations of the City not inconsistent with this License Agreement pertaining to such.
h. It shall be the sole responsibility of the Licensees to take adequate measures
to protect and defend the Line in the Right -of -Way from harm or damage. If the Licensees
fail to accurately or timely locate the Line when requested, they will have no claim for costs
or damages against the City and its authorized contractors or any other party authorized to be
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Book: 1144 Page: 822
in the Right -of -Way unless such party is solely responsible for the harm or damage by its
negligence or intentional conduct.
i. The Licensees shall notify the City not less than three (3) working days in
advance of any construction, reconstruction, repair, or relocation of the Line which would
require any street closure which reduces traffic flow to less than two (2) lanes of moving
traffic. The City shall follow its policies in the grant or denial of such street closure, which
shall not be unreasonably delayed. In addition, all work performed in the traveled way or
which in any way impacts vehicular or pedestrian traffic shall be properly signed, barricaded,
and otherwise protected. Such signing shall be in conformance with the latest edition of the
Federal Highway Administration's Standards and Guideline for Work Zone Traffic Control.
j. All technical standards governing construction, reconstruction, installation,
operation, testing, use, maintenance, and dismantling of the Line in the Right -of -Way shall
be in accordance with applicable present and future federal, state, and City law and
regulation, including but not limited to the most recent editions of the National Electrical
Code, the National Electrical Safety Code and the Fiber Optic Line Installation Standard of
the Telecommunications Industry Committee, or such substantive equivalents as may
hereafter be adopted or promulgated. It is understood that the standards established in this
paragraph are minimum standards and the requirements established or referenced in this
ordinance may be additional to or stricter than such minimum standards.
3. Title. By granting this license the City does not warrant title to or the right to possess
and occupy the Right -of -Way. In the event that it is determined that the City is not entitled to
possess and utilize the Right -of -Way, this License Agreement shall terminate and the Licensees shall
quit and surrender their use of the Line in the Right -of -Way in compliance with this License
Agreement.
4. Corps of Engineer Approvals. Any permission granted pursuant to this License
Agreement to install the Line shall be subject to and conditional upon approval by the Corps of
Engineers where applicable.
5. Breach of License Agreement. In the event that the Licensees use the Line for any
purpose other than that specifically authorized under this License Agreement, all rights granted
hereunder to the Licensee shall immediately cease as if never granted and the Licensees shall
immediately quit and surrender its use of the Line in the Right -of -Way. In the event that the
Licensees shall fail to comply with any other substantial term, condition or covenant of this License
Agreement within ten (10) days after written notice to do so has been mailed to them by the City, or
in the event the Licensees abandon their authorized use of the Right -of -Way, any such event shall be
deemed an immediate breach and forfeiture of the License Agreement which shall then terminate.
Upon such termination of this license, the Licensees will quit and surrender their use of the Line in
the Right -of -Way in compliance with the terms of this License Agreement.
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Beak: 1144 Wage: 823
6. Term. The License shall commence upon execution of this License Agreement and
shall continue until the earlier of:
a. The Licensees' discontinuation of its authorized use of the Right -of -Way;
b. Notification of the Licensees by the City that the public interest is best served by the
use of the Right -of -Way in a manner in conflict with the License, and that the
License shall terminate no less than 90 days following such notice; or
C. Termination of the License pursuant to paragraph 7 above.
7. Removal of Lines. Upon termination of this License Agreement, the Licensees shall
have the right to remove the Line within a reasonable time, not to exceed one hundred twenty (120)
days. In the event the Licensees choose to exercise the right to remove the Line, it shall within the
permitted time period restore the Right -of -Way from which the Line is removed to as good a
condition as existed prior to the removal. In the event the Licensee should exercise its right to
remove the Line but fail to properly restore the Right -of -Way, the City shall have the right to cause
the Right -of -Way to be restored and to charge any reasonable costs associated therewith to the
Licensee.
8. Notices. Any notice to either party hereunder shall be sufficient if mailed by United
States mail, postage prepaid, at the following addresses:
City of Salina, Kansas
c/o City Clerk
P.O. Box 736
Salina, KS 67402-0736
Clarence E. and Connie J. Wilson
2404 N. stn Street
Salina, KS 67401
9. Invalidi . in Part. If any clause, sentence, or paragraph of this License Agreement
shall be held to be invalid, it shall not affect the validity of the remaining provisions of this License
Agreement.
10. Binding. This License Agreement shall be binding upon the parties, their
heirs and assigns, and shall be binding upon and run with the Land described in Exhibit A.
so
EXECUTED the day and year first above stated.
ATTEST:
Lieu Ann Elsey, CMC, City1 rk
Book: 1144 Page: 824
CITY OF SALINA, KANSAS
B 0 � if ,
Y'
Donnie D. Marrs, Mayor
By: CL
Clarence . Wilson
Connie J. Wils
STATE OF KANSAS COUNTY OF SALINE, SS:
On this ��lday of January, 2007, before me a Notary Public in and for said state,
personally appeared Donnie D. Marrs, Mayor of the City of Salina, Kansas and Lieu Ann Elsey,
CMC, City Clerk for the City of Salina, Kansas, known to me to be the persons who executed the
within License Agreement and acknowledged to me that they executed the same for the purposes
therein stated on behalf of the City of Salina, Kansas.
l�� PENNY DAY
[- Notary Public -Sate of Kansas
My Appt. Expires Notary blic
STATE OF KANSAS COUNTY OF SALINE, SS:
On this x,1412 day of January, 2007, before me a Notary Public in and for said state,
personally appeared Clarence E. Wilson and Connie J. Wilson, known to me to be the persons who
executed the within License Agreement and acknowledged to me that they executed the same for
the purposes therein stated.
LOUISE DUPES
Notary Public - State of Kansas
M
AM. E IrgsjW-A2 -
Notary Public
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Book: 1144 Page: 825
EXHIBIT A
The property subject to this License Agreement (the Wilson tract) is described as follows:
A tract of land consisting of roughly five (5) acres, more or less, located entirely in the
east central part of the West One -Half (W '/2 ) of the Northwest quarter (NW'/4) of Section
Thirty-six (36), Township Thirteen (13), Range Three (3), Saline County, Kansas, and
described as follows:
Starting at a point located on the East line of said West One -Half (W'/2) of the Northwest
Quarter (NW'/4), Section 36-13-3, 910 feet south of the Northeast corner of said West
One -Half (W '/2) of the Northwest quarter, Section 36-13-3; thence West -Southwesterly
331.5 feet at an angle of 109° 46' measured from North around thru West to a point;
thence West -Northwesterly at an angle of 1290 34', measured from said West -
Southwesterly line thru North, to a point of intersection with the East right-of-way line of
old U.S. 81 Highway (1921 survey); thence curving along said East right-of-way line of old
U.S. 81 Highway (1921 survey) from a South -Southwesterly direction to a Southeasterly
direction to a point on said East right-of-way line which is determined by the intersection of
said East right-of-way line by a line running due Southwest at an angle of 2250 from North
measured thru East from a point located 315 feet west and 1,215 feet north of the
Southeast Corner of the said West One -Half (W'/2) of the Northwest Quarter (NW'/4),
Section 36-3-3; thence due Northeast along said line to the last above said point located
315 feet west and 1,215 feet north of the Southeast Corner of the said West Half (W '/2) of
the Northwest Quarter (NW '/4), Section 36-13-3; thence Southeasterly to a point on the
said East line of the said West One -Half (W'/2) of the Northwest Quarter (NW'/4) of Section
36-13-3; located 975 feet north of the said Southeast corner of the said West One -Half
(W'/2) of the Northwest Quarter (NW'/4), Section 36-13-3; thence North along said East line
of the said West One -Half (W'/2) of the Northwest Quarter (NW'/4), Section 36-13-3 to the
point of beginning. This specifically does not include any part of the tracts of land
previously sold to Irma Jean Hedges by Guardian's Deed dated September 20, 1950 and
recorded in Book 177 of Deeds, pages 317 and 318, and to D. Chester King and wife by
Guardian's Deed dated May 28, 1952 and recorded in Book 184 of Deeds, pages 638 and
639.
Itemized Description of licensed premises: From the center of the concrete bridge on the
Northwest corner in a straight line in a southerly direction 217 feet to a point on the East
line of the adjoining County Road for a beginning point. East from beginning point parallel
to Section Line survey to East line of above described plot of ground, thence North on
East line to Northeast corner of said property thence in a Westerly direction to point or
beginning. (Commonly known as 2404 N. Fifth St., City of Salina, Saline County,
Kansas).
Coo � i P e.: S2Cv
Exhibit B
2404 North Fifth Street
4 r 4
1 w
Existing Public Water Main
■
1-1/2" Schedule 40 PVC
Private Water Service Line
Approximately 1140 Ft. Long
Proposed Meter Location