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04-6076 Agr Annex SchillingRESOLUTION NUMBER 04-6076 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN ANNEXATION AGREEMENT WITH SALINA ECONOMIC DEVELOPMENT CORPORATION OUTLINING CERTAIN CONDITIONS AND UNDERSTANDINGS RELATING TO THE ANNEXATION OF THE SALINA ECONOMIC DEVELOPMENT CORPORATION (SEDC) TRACT LOCATED NORTH OF WATER WELL ROAD EAST OF THE UNION PACIFIC RAILROAD TRACKS IN SALINE COUNTY, KANSAS. WHEREAS, the owner of the SEDC Tract south of Liberty Addition No. 2 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 sewer line 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 SEDC 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 SEDC Tract between the City and ',, Salina Economic Development Corporation outlining certain conditions and understandings relating to the annexation of property generally located north of Water Well Road and east of the Union Pacific Railroad tracks 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 17th day of May, 2004. Monte hadwick, Mayor ATTEST: Lieu Ann Elsey, City