Small Town News

Maple Hill Council Deals with Multiple Issues

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Members of the Maple Hill City Council met Monday evening and dealt with multiple issues. Mayor Jim Foresman called the meeting to order and introduced St. Marys Realtor Mike Pearl and Maple Hill rural resident George Gallaway. Pearl explained to the council that he was speaking on behalf of Gallaway and began his presentation by reviewing an easement and right-of-way agreement that has been in force between Gallaway and the city for a number of years.

Gallaway and his wife, Debra, own ten acres south of Maple Hill which they acquired from Gallaway's parents. The original contract between the Gallaway parents and the city stated that the city has a 100 square foot easement, as well as servicing easement to the 100 square foot tract of property on which a city well is located. In exchange for the city's ownership of the well, the city agreed to supply water, at no charge, should the Gallaways build a residence on the property. The Gallaways are also paid $400 per year.

Pearl told council members that the Gallaways have decided to sell their property. The Gallaways wish to retain the right of free water to the new property owner, and continue to receive their annual $400.

City Attorney Norbert Marek scrutinized the contract, and commented that, although it is unusual, it could be done. He added that it was up to council members to direct him on what their wishes are.

He continued by saying that in his opinion a much more descriptive definition was necessary to identify the 100 square foot property. Marek went on by giving an example of how a detailed description of the property could read.

Pearl agreed with Marek, with some reluctance, and added that if the agreement between the new landowners for free water and the $400 annual payment to the Gallaways couldn't be reached, it would probably be a "deal killer." Marek told Pearl that the primary agreements would remain the same, however, there now would be three parties in the agreement as opposed to the original two. He added that it made for an unusual arrangement, but reiterated, it could be done.

Marek went on by telling the council that they should put some type of restriction on the amount of water used so the new owner didn't erect a commercial building that used much more water than a residence would.

Marek told the council that either he could draw up the agreement, or that Gallaway's attorney could. In the event that Gallaway's attorney did, Marek said he would require that he review the document prior to the council signing it.

Pearl pushed for the council to take formal action on the proposal



Copyright 2010 The Wabaunsee County Signal-Enterprise, Alma, Kansas. All Rights Reserved. This content, including derivations, may not be stored or distributed in any manner, disseminated, published, broadcast, rewritten or reproduced without express, written consent from SmallTownPapers, Inc.

© 2010 The Wabaunsee County Signal-Enterprise Alma, Kansas. All Rights Reserved. This content, including derivations, may not be stored or distributed in any manner, disseminated, published, broadcast, rewritten or reproduced without express, written consent from DAS.

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