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02-5890 Agr Annex UtilityC --oohed 51111 RESOLUTION NUMBER 02-5890 A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN AN ANNEXATION AGREEMENT WITH THE TRUSTEES OF RUTH YOST TRUST NO. 1 OUTLINING CERTAIN CONDITIONS AND UNDERSTANDINGS RELATING TO THE ANNEXATION OF THE YOST TRACT LOCATED ON THE SOUTH SIDE OF WATER WELL ROAD WEST OF INTERSTATE 135 IN SALINE COUNTY, KANSAS. WHEREAS, the owner of the Yost Tract at the southwest corner of Water Well Road and I-135 has made a request to be annexed into the corporate limits of the City of Salina; and WHEREAS, the owner has requested that all costs associated with the installation of public improvements needed to serve development on the property be deferred until development occurs; and WHEREAS, the City is agreeable to such annexation provided there is an agreement in place acknowledging that the owner and its successors, heirs and assigns will be obligated to pay their proportionate share of water main, sanitary sewer and public street improvements serving the Yost Tract at the time of actual development; and WHEREAS, K.S.A. 12-101 (Fourth) authorizes the City to make all contracts and do all other acts in relation to the property and concerns of the city necessary to the exercise of its corporate and administrative powers. SO, NOW THEREFORE, BE IT RESOLVED by the Governing Body of the City of Salina, Kansas: Section 1. That the Annexation Agreement for the Yost Tract between the City and Ruth Yost Trust No. 1 outlining certain conditions and understandings relating to the annexation of property generally located south of Water Well Road and west of I-135 in Saline, County, Kansas is hereby approved. Section 2. That the Mayor is authorized to execute the same on behalf of the City. Section 3. That this resolution shall be in full force and effect from and after its adoption. BE IT FURTHER RESOLVED that the City Clerk shall file said Agreement with the Register of Deeds of Saline County, Kansas, filing fees to be paid by the City of Salina. Adopted by the Board of Commissioners and signed by the Mayor this 25th day of November, 2002. ATTEST: {SEAL) vu�� -JUAJ-O� Lieu Ann Nicola, City Clerk 'Fstin M. Se n, Mayor