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:	February 23, 2015
RE:	USD 497 Right of Way Agreement

USD 497 owns that real property upon which Hillcrest Elementary School is located at 1045 Hilltop Drive. USD 497 is in the process of remodeling and redeveloping Hillcrest Elementary School. Accordingly, USD 497 has submitted to the City a Site Plan. In that Site Plan, USD 497 proposes to install 67 parking spaces in the Harvard Road (30 spaces) and Hilltop Drive (37 spaces) Rights of Way for use by Hillcrest Elementary School. As a condition of approval, and in order to protect the City's rights in the Harvard Road and Hilltop Drive Rights of Way, the City will require USD 497 to execute a License Agreement, whereby it will be granted, subject to certain conditions, the nonexclusive right -- at no charge -- to use the Harvard Road and Hilltop Drive Rights of Way for parking. 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 use a portion of the Harvard Road and Hilltop Drive Rights of Way for the installation of 67 parking spaces for use by Hillcrest Elementary School in accordance with the terms of that Agreement.