06-6310 Annex Agr Bergkamp TractRESOLUTION NUMBER 06-6310
A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN ANNEXATION
AGREEMENT WITH THE MELVIN A. BERGKAMP TRUST OUTLINING CERTAIN
CONDITIONS AND UNDERSTANDINGS RELATING TO THE ANNEXATION OF THE
BERGKAMP SUBDIVISION LOCATED ON THE SOUTH SIDE OF SCHILLING ROAD
w EAST OF SOUTH NINTH STREET IN SALINE COUNTY, KANSAS.
WHEREAS, the owner of the Bergkamp Subdivision located on the south side of Schilling
east of South Ninth Street has made a request to be annexed into the corporate limits of the City of
Salina; and
WHEREAS, the owner has requested authorization to direct runoff from the property to
the Schilling Road Ditch; 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 have the right to send
development runoff to the east into the Schilling Road Ditch in exchange for payment of a fee and will
be obligated to pay their proportionate share of water main, sanitary sewer, drainage and public street
improvements serving any future development in the Bergkamp Subdivision 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 Bergkamp Subdivision between the
City and the Melvin A. Bergkamp Trust outlining certain conditions and understandings relating to the
annexation of property generally located south of Schilling Road and east of South Ninth 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 25th day of
September, 2006. �a
Donnie D. Marrs, Mayor
[SEAL]
ATTEST:
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Lieu Arm Elsey, CMC,j
Clerk
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