Memorandum

City of Lawrence

City Attorney's Office

TO:	David L. Corliss, City Manager Toni R. Wheeler, City Attorney
FROM:	Randall F. Larkin, Senior Assistant City Attorney
DATE:	July 30, 2014
RE:	USD 497 Right of Way Agreement

USD 497 owns that real property upon which Kennedy Elementary School is located (corner of Harper Street and Davis Road). A small portion of the parking lot of Kennedy Elementary School encroaches upon the Davis Road Right of Way. USD 497 is in the process of redeveloping the Kennedy Elementary School property and has submitted a Site Plan to the City for approval. As a condition of approval, in order to protect the City's rights to the Davis Road Right of Way, the City will require USD 497 to execute a License Agreement, whereby it will be granted, subject to certain conditions and at no charge, the right to continue to use that portion of its parking lot located in the Davis Road Right of Way. City Staff and USD 497 have reached an agreement on the terms of a License Agreement.

Action Requested:

Staff requests the City Commission to authorize the City Manager to execute a License Agreement permitting USD 497 to continue to use a portion of the Davis Road Right of Way for the Kennedy Elementary School Parking Lot in accordance with the terms of that Agreement.