AGREEMENT
THIS Agreement is made this _____ day of October, 2014, by and between the City of Lawrence, Kansas, a municipal corporation, and Virginia L. Romero, a single person.
RECITALS
A. Virginia L. Romero, a single person ("Owner"), owns that real property, commonly known as 1110 East 1600 Road ("the subject property"), and bearing the following legal description, to-wit:
BEGINNING AT THE SOUTHWEST CORNER OF SECTION 21, TOWNSHIP 13 SOUTH, RANGE 20 EAST OF THE SIXTH PRINCIPAL MERIDIAN, IN DOUGLAS COUNTY, KANSAS; THENCE EAST ALONG THE SOUTH LINE OF SAID SECTION, 746.56 FEET; THENCE NORTHEASTERLY 980.46 FEET TO A POINT 836.04 FEET EAST OF THE WEST LINE OF SAID SECTION; THENCE WEST, 398.45 FEET; THENCE SOUTH 13.89 FEET; THENCE EAST 19 FEET; THENCE SOUTH 88.13 FEET; THENCE WEST 36.6 FEET; THENCE SOUTH 97.9 FEET; THENCE WEST 418.84 FEET TO THE WEST LINE OF SAID SECTION; THENCE SOUTH 777 FEET TO THE POINT OF BEGINNING. CONTAINING 15.6 ACRES, MORE OR LESS.
B. The City of Lawrence, Kansas, a municipal corporation ("City"), wishes, in conjunction with its construction of a Wastewater Treatment Plant, to purchase from Owner a permanent and perpetual right of way easement, a permanent and perpetual waterline and drainage easement, a permanent and perpetual utility easement, and a temporary construction easement in, upon, over, under, and through portions of her real property as set forth in Exhibit A to this Agreement.
C. By way of this Agreement, the terms of which are set forth below, Owner agrees to sell and the City agrees to purchase said easements in, upon, over, under, and through portions of Owner's property in accordance with the terms of this Agreement.
TERMS
NOW, THEREFORE, in light of the mutual promises and obligations contained herein, and in exchange for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, the parties agree as follows:
1. Owner's Covenants. For and in consideration of the City's covenants herein, Owner agrees to execute those agreements that conveying to the City a permanent and perpetual right of way easement, a permanent and perpetual waterline and drainage easement, a permanent and perpetual utility easement, and a temporary construction easement in, upon, over, under, and through portions of her real property as set forth in Exhibit A to this Agreement.
2. City's Covenants. For and in consideration of the Owner's covenants herein, the City agrees as follows:
(a) to pay to Virginia L. Romero, the sum of $23,795.09;
(b) to relocate and reconstruct, in accordance with the plans and standards affixed hereto as Exhibit B, the fence that is currently located west and south of the Owner's residence;
(c) to fill, in accordance with the plans and standards affixed hereto as Exhibit B, a strip of land 30-feet wide along the diagonal fence line that is south of the Owner's residence and barn; and
(d) to relocate, in accordance with the plans and standards affixed hereto as Exhibit B, along the Owner's driveways those rocks that are currently located in the ditch west of the Owner's residence.
3. Binding Effect. This Agreement shall, at all times, be binding upon the City and the Owner and all owners of the subject property and all parties claiming by, through, or under them, shall run with the land, and shall be for the benefit of, and shall oblige all future owners of the subject property.
4. Severability. If any section, sentence, clause, or phrase of this License Agreement is found to be invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining provision of this License Agreement.
5. Governing Law. This License Agreement shall be construed and enforced in accordance with and shall be governed by the laws of the State of Kansas.
[SIGNATURES APPEAR ON THE FOLLOWING PAGES]
IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed as of the date noted above.
CITY: CITY OF LAWRENCE, KANSAS, a municipal corporation
________________________________
DAVID L. CORLISS
City Manager
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 David L. Corliss, as City Manager of the City of Lawrence, Kansas, 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:
OWNER: Virginia L. Romero, a single person
________________________________
Virginia L. Romero
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 Virginia L. Romero 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: