Memorandum

City of Lawrence

City Attorney's Office

 

TO: 

David Corliss, City Manager

Toni Ramirez Wheeler, City Attorney

 

FROM:

Randall F. Larkin, Senior Assistant City Attorney

 

CC:

Scott McCullough, Director of Planning and Development Services

Sandra Day, Current Planner

 

Date:

November 13, 2013

 

RE:

Unified School District #497, Access Easement Agreement

____________________________________________________________________________ _

 

Unified School District #497 (USD #497) recently platted Holcom School Subdivision, which property lies adjacent to Holcom Park. USD #497 currently, and has for years, taken access to its property off West 25th Street, over the Holcom parking lot and driveway located on City property (see attached map). There has never been any agreement between the parties regarding the use of that parking lot and driveway. As part of the platting process, it was required -- and USD #497 agreed -- that USD #497 enter into an Access Easement Agreement with the City outlining the parties' rights and obligations with respect to USD #497's use of City property for access. The parties have now reached an agreement, which defines the access easement and the parties' rights and obligations with respect to the access easement. The City would be granting the access easement to USD #497 as an accommodation, i.e. without rent, and, in return, USD #497 agrees never to assail or contest the City's ownership of that easement. The City will maintain the access easement, as it does now, and USD #497 will indemnify the City for any damage to property or personal injury that would arise out of its use of the access easement.

 

Action Requested: Staff requests that the City Commission authorize the City Manager to execute an Access Easement Agreement which would grant Unified School District #497 access to its property, the Holcom School Subdivision, off West 25th Street, over the Holcom parking lot and the driveway located on City property as shown on Exhibit C to the Access Easement Agreement and subject to the terms of that agreement.