03-5941 Agr Annex Liberty AddC-16d,11ds Ione
RESOLUTION NUMBER 03-5941
A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN ANNEXATION
AGREEMENT WITH SOUTH OHIO LAND, L.L.C. OUTLINING CERTAIN CONDITIONS
AND UNDERSTANDINGS RELATING TO THE ANNEXATION OF THE APPLEQUIST
TRACT LOCATED ON THE SOUTH SIDE OF SCHILLING ROAD WEST OF OHIO
STREET IN SALINE COUNTY, KANSAS.
WHEREAS, the owner of the Applequist Tract at the southwest corner of Schilling Road
and Ohio Street 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 waterline 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, drainage and public street improvements serving the
Applequist Tract either through the creation of a K.S.A. 12-6a01 benefit district or at the time of actual
development; and
WHEREAS, K.S.A. 12-135 authorizes the City to enter into contractual agreements with
the owners of land proposed to be annexed to guarantee the apportionment of the cost of improvements
made in the area to be annexed.
SO, NOW THEREFORE, BE IT RESOLVED by the Governing Body of the City of
Salina, Kansas:
Section 1. That the Annexation Agreement for the Applequist Tract between the City and
South Land Ohio, L.L.C. outlining certain conditions and understandings relating to the annexation of
property generally located south of Schilling Road and west of Ohio Street 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 9th day of June,
2003.
,
Ctlal!Xvl�. Ji'ka-, ayor
ATTEST:
{SEAL}
Lieu Ann Nicola, City Clerk