eastborough addition-water agreementC. W. EURCH(1869-19{5)
IL L UTOWICH(188119/9)
LARUE ROYCE (18914951)
E. S. HAMPTON
H. H. DUNHAM, h.
JOHN O. ROYCE
HOWARD ENGLEMAN
C. STANLEY NELSON
JACK N. STEWART
TOM W. HAMPTON
LAW OMCES
HAMPTON, DUNHAM, ROYCE a ENGLEMAN
NINTH ROOK UNITED BWLDING
SAUNA, KANSAS
February 4, 1964
Telephone
TAYIor 7-7251
Ronald Webster
Director of Utilities, City of Salina
412 East Ash
Salina, Kansas
Re: Water Line Agreement of September 27, 1955„
regarding Lots in Eastborougb Addition, a
Sub -division of Greeley Township, Saline
O County, Kansas.
Dear Mr. Webster:
We represent Mr. and Mrs. Robert E. Garrison, the owners of
the South -half of Lot Seven in Eastborough Addition. We
enclose herewith the statement executed by Ernest Oshlert,
Bennett E. Olsson and Robert L. Marietta, parties to the above
agreement, acknowledging that Mr. and Mrs. Garrison have paid
the charge dus for connecting to the private water line, and
authorizing them to connect to said water line.
We are sending a copy of this letter and enclosed statement
to tbs City Clerk.
Very truly yours,
HAMPTON DUNHAM, ROYCE & ENGLEMAN
Jack N. Stewart/jh By
Enclosure
cc: Mr. H. S. Paterson
City Clerk
City Hall
Salina, Kansas;
Nr. and Its. Robert E. Garrison
665 South 12th
Salina, Kansas
ROBERT Be GARRISON
The undersigned. Robert L. Marietta, for and on behalf of
Ernest Oahlert, Sennett B. Oleson, and Robert L. Marietta,
hereby acknowledge that the charge due for connecting to
the private water line owned by the undersigned, all pur-
suant to the agreement of September 27, 1995 with the City
of Selina, Kansas is fully paid as to the South ONe-Half of
Lot Seven.
You are now authorised to tap said line for Your private
use on the 8%02 Lot Seven, Eastborough Addition, a sub-
division of Greeley Townebip. Saline County, Kansas.
SANEST OEH38RT
BENNETT Be OLSSON
ROBERT L. MARIETTA
�—Robert L. Marietta
91 z'
A G R E E I,I E N T
ThI5 AGREErY NT, made the 27th day of September, 1955,
between Ernest Oehlert, Bennett E. Olsson and Robert L.
Liarietta, of the first part, and the City of Salina, Kansas,
of the second part:
WhEREAS; first parties desire to construct a private
water line in the easement granted for that purpose by the
County Commissioners of Saline County, Kansas in Eas$borough
Addition, a sub -division, in Greeley Township, Saline County,
Kansas;
4ERERS, the City of Salina is willing to urnis1 watier
through said private water line;
WhEREAS, first parties desire to protect themselves in
tl,e financing, cost and construction of said private water
line against any adjoining land owner failing to pay,a proper
charge before using water frori said line;
�iow, it is hereby agreed as follows:
First parties plan to construct and pay for a six incl";
water line to be placed in the easement granted for this
purpose by the County Conpissioners of Saline County, Kansas
in Eastborouah Addition, a sub -division, in Greeley Town-
ship, Saline County, Kansas, said construction to be in
accordance to existing or provided specifications of the
City of Salina.,
C...Ra.Y„ 0"VL 2Q
The second party will supply water at all times^to and r
through said private water line, make all taps into said
line and provide separate meters for all users,
Ho taps will be made and. no water supplied by second party
into said private water line for the use and benefit of anyone
riot a party to this agreement unless the party requesting
service shall have a written approval therefor from first parties,
first parties will not refuse such approval if the following
charges are paid; to be paid pro rata for differentials between
one half and a full lot.
The charge for connecting to said private water line
shall be $450.00 for each one half lot or $900.00 for each
full lot plus interest at the rate of six per cent (6;6) per
annum from Noveraber 1, 1955 up to the time payment is made
to connect to said private water line. All payments, hereunder
shall be made to first parties or their successors or assigns.
If at any time it is ascertained that water is being supp-
lied to any property for which the cnarge for connection has
not been paid, the second party will irmiediately discontinue
such service upon being notified ti;ereof,
Rates established uy ordinance by second party frog„
tine to ti;:.ie for tapping or service will be paid by the
separate owners severally and rates prescribed for rural
consui::ers shall apply until the area, if ever, is incorpor-
ated in the City of Salina, Kansas,
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If the said Eastborough Addition is ever incorporated
within the corporate limits of the City of Salina, it is
understood and agreed that the said six inch water line will
then become the sole property of the City of Salina and shall
be subject to such use as the City desires except that no new
connections will be made into said line for properties now
next adjacent thereto except in accordance with the terms of
this agreement and the charges aforesaid shall not apply in
the event the line is at any time extended from the terminus
contemplated by this agreement in so far as such additional
property is concerned.
This agreement shall bind the parties hereto, their
respective heirs, administrators, executors, -successors
and, assigns.
IN WI NESS 'Mr.FREOF, the first parties hereto have set
their hanct the day and year first above written. The second
party has hereunto caused the common seal of the City of
Salina to be affixed on the day and year first above written.
kLtn �_
FIRST PARTIES
By order of tlne Board of Co_miss overs of the City of
Salina, Kansas the foregoing agreement is hereby approved
this 27th day of September, 1955.
CHAIR;w%N OF THE BOARD OF CO4�JviIS5IOHERS
1:TTEST:
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