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04-6140 Annexation AgreementC u RESOLUTION NUMBER 04-6140 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN ANNEXATION AGREEMENT WITH QUAIL MEADOWS PROPERTY, INC. AND JAMES CAYWOOD OUTLINING CERTAIN CONDITIONS AND UNDERSTANDINGS RELATING TO THE ANNEXATION OF THE QUAIL MEADOWS TRACT LOCATED ON THE NORTH SIDE OF SCHILLING ROAD WEST OF OHIO STREET IN SALINE COUNTY, KANSAS. WHEREAS, the owners of the Quail Meadows Tract at the northwest corner of Schilling Road and Ohio Street have made a request to be annexed into the corporate limits of the City of Salina; and WHEREAS, the owners have requested that the cost recovery fees associated with the installation of Ohio -Schilling water line loop and public street and drainage improvements on Schilling Road charged to the Quail Meadows Tract be payable in phases as development occurs in lieu of a lump sum payment at the time of platting; and WHEREAS, the City is agreeable to such annexation provided there is an agreement in place acknowledging that the owners and their successors, heirs and assigns will be obligated to pay their proportionate share of the cost of improvements to Schilling Road, construction of the Schilling Road Ditch and construction of the Ohio -Schilling water line loop 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 Quail Meadows Tract between the City and Quail Meadows Property, Inc. and James Caywood outlining certain conditions and understandings relating to the annexation of property generally located north 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 an signed by the Mayor this 13th day of December, 2004. ATTEST: {SEAL} I/ L4 en A*a £els ,-C-MC7.E' C4er-k Penny Day, Deputy Ci Clerk //MontheShAadwick, Mayor