DEDICATION OF RIGHT-OF-WAY

 

THE UNDERSIGNED, for and in consideration of the sum of One Dollar ($1.00) and other valuable consideration, the receipt and sufficiency of which are herein acknowledged, hereby grants, sells, conveys, and delivers unto the City of Lawrence, Kansas, a municipal corporation, a permanent and perpetual right-of-way for use in the construction, installation, expansion, development and maintenance of a street and sidewalk, with appurtenances and attendant facilities thereto, and for all other lawful uses and purposes, in, over, under, through and upon and the following described tract of real estate situated in the City of Lawrence, Douglas County, Kansas, to-wit:

 

Commencing at the Northwest corner of the Southwest Quarter of Section 7, Township 13 South, Range 20 East of the Sixth Principal Meridian; thence South 01°46’06” East on the West line of the Southwest Quarter of said Section 7, a distance of 1738.96 feet; thence North 88°58’41” East, a distance of 35.00 feet to the East Right-of-way line of Louisiana Street, for the Point of Beginning; thence North 01°46’06” West, on the East Right-of-way line of Louisiana Street, a distance of 40.00 feet; thence North 88°58’41” East, a distance of 20.00 feet; thence South 01°46’06” East, a distance of 40.00 feet; thence South 88°58’41” West, a distance of 20.00 feet, to the Point of Beginning, containing 799.93 Square Feet more or less all in the City of Lawrence, Douglas County, Kansas. Said tract subject to Rights-of-way, Easements and Restrictions of Record.

 

The Grantee shall have the right of ingress and egress upon the above described right-of-way for the purpose of maintaining, repairing, or replacing said street and sidewalk or other improvements together with appurtenances and attendant facilities and otherwise make all uses of said right-of-way and do all things necessary or proper for the use of said right-of-way for said public facilities and structures. Nothing in this dedication of right-of-way shall allow an investor-owned utility to use or occupy the above-described property unless such utility has a valid franchise agreement with the Grantee. Any use or occupation by the utility shall only be pursuant to the laws of the City of Lawrence, Kansas.

 

Grantor shall do or cause nothing to be done to interfere with the Grantee’s right of use of said right-of-way for the purposes herein stated.

 

THE UNDERSIGNED FURTHER WARRANTS that it has good and lawful right to convey said right-of-way, and will forever defend the title thereto.

 

THIS AGREEMENT is and shall be binding and obligatory upon the heirs, administrators, executors, personal representatives, successors, and assigns of the parties hereto.

 

DATED THIS _____ day of ______________, 2014.

                                                                                   

                                                                       

CITY OF LAWRENCE, KANSAS

 

 

 

________________________________

Michael Dever

Mayor

ATTEST:

 

 

 

__________________________________

Diane Trybom

Acting City Clerk

 

 

APPROVED AS TO FORM:                   

 

 

 

__________________________________

Toni R. Wheeler

City Attorney

 

 

 

 

ACKNOWLEDGMENT

 

 

THE STATE OF KANSAS                 )

                                                            )           ss:

THE COUNTY OF DOUGLAS          )

 

            BE IT REMEMBERED, that on this ____ day of __________, 2014, before me the undersigned, a notary public in and for the County and State aforesaid, came Mike Dever, Mayor of the City of Lawrence, Kansas, a municipal corporation, who is personally known to me to be the same person who executed this instrument in writing, and said person fully acknowledged this instrument to be the act and deed of the aforementioned entity.

 

            IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal, the day and year last written above.

 

 

 

                                                                                    ________________________________

                                                                                    Notary Public

 

My Appointment Expires: