NO BUILD EASEMENT

THE UNDERSIGNED GRANTOR is the owner of record of that real property ("the subject property") commonly known as 810 West 6th Street, Lawrence, Douglas County, Kansas, and bearing the following legal description, to-wit:

LOTS 125, 127, 129, 131, 133, 135 & 137 ON MISSISSIPPI STREET; ALSO LOTS 41, 43, 45, 47 & 49 ON PINCKNEY (6th) STREET; ALSO LOTS 132, 134, 136 & 138 ON ILLINOIS STREET; AND, ALL OF THE VACATED ALLEY RIGHTS-OF-WAY AND THE VACATED EAST ONE-HALF OF ILLINOIS STREET RIGHT-OF-WAY ADJACENT TO ALL OF SAID LOTS, EXCEPT FOR LOTS 125, 127 & 129 ON MISSISSIPPI STREET; ALL BEING LOCATED IN THE ORIGINAL TOWNSITE, WYANDOTT RESERVE NO. 12, CITY OF LAWRENCE, KANSAS.  THE ABOVE CONTAINS 2.73 ACRES, MORE OR LESS. AND ALSO INCLUDING

A PORTION OF CLINTON PARK AND THE VACATED WEST ONE-HALF OF THE ILLINOIS STREET RIGHT OF WAY ADJACENT TO CLINTON PARK IN THE ORIGINAL TOWNSITE, WYANDOTT RESERVE NO. 12, CITY OF LAWRENCE, KANSAS, NOW DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT AT THE INTERSECTION OF THE EAST RIGHT OF WAY LINE OF ALABAMA STREET AND THE NORTH RIGHT OF WAY LINE OF WEST SIXTH STREET, SAID POINT BEING 330.04 FEET EAST OF THE SOUTHWEST CORNER OF LOT 69, BLOCK 41, WEST LAWRENCE, A SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS; THENCE CONTINUING ALONG SAID NORTH RIGHT OF WAY LINE OF WEST SIXTH STREET, NORTH 88° 13’ 53” EAST, 290.04 FEET TO A POINT ON THE CENTERLINE OF ILLINOIS STREET PROJECTED TO THE SOUTH; THENCE NORTH 01° 47’ 12” WEST ALONG SAID PROJECTED CENTERLINE OF ILLINOIS STREET, 237.69 FEET; THENCE SOUTH 69° 28’ 52” WEST, 117.26 FEET; THENCE SOUTH 88° 13’ 53” WEST, 179.00 FEET TO THE EAST RIGHT OF WAY LINE OF ALABAMA STREET; THENCE SOUTH 01° 47’ 30” EAST ALONG SAID EAST RIGHT OF WAY LINE, 200.00 FEET TO THE POINT OF BEGINNING. THE ABOVE CONTAINS 1.38 ACRES, MORE OR LESS.

THE UNDERSIGNED GRANTOR, for and in consideration of the sum of One Dollar and No Cents ($1.00) and other good and valuable consideration, the receipt of which is has been acknowledged, hereby grants, sells, conveys, and delivers unto the City of Lawrence, Kansas, a municipal corporation ("Grantee"), a permanent and perpetual No Build Easement, said No Build Easement bearing the following legal description, to-wit:

A PORTION OF CLINTON PARK IN THE ORIGINAL TOWNSITE, WYANDOTT RESERVE NO. 12, CITY OF LAWRENCE, KANSAS, NOW DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT AT THE INTERSECTION OF THE EAST RIGHT OF WAY LINE OF ALABAMA STREET AND THE NORTH RIGHT OF WAY LINE OF WEST SIXTH STREET, SAID POINT BEING 330.04 FEET EAST OF THE SOUTHWEST CORNER OF LOT 69, BLOCK 41, WEST LAWRENCE, A SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS; THENCE CONTINUING ALONG SAID NORTH RIGHT OF WAY LINE OF WEST SIXTH STREET, NORTH 88° 13’ 53” EAST, 250.04 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF ILLINOIS STREET PROJECTED TO THE SOUTH; THENCE NORTH 01° 47’ 12” WEST ALONG SAID PROJECTED WEST RIGHT OF LINE OF ILLINOIS STREET, 224.12 FEET; THENCE SOUTH 69° 28’ 52” WEST, 75.03 FEET; THENCE SOUTH 88° 13’ 53” WEST, 179.00 FEET TO THE EAST RIGHT OF WAY LINE OF ALABAMA STREET; THENCE SOUTH 01° 47’ 30” EAST ALONG SAID EAST RIGHT OF WAY LINE, 200.00 FEET TO THE POINT OF BEGINNING. THE ABOVE CONTAINS 1.168 ACRES, MORE OR LESS.

THE UNDERSIGNED GRANTOR FURTHER AGREES AND COVENANTS that it, its successors, and its assigns, will not build, erect, construct, or locate within the above-described No Build Easement any above-ground structures (except appropriate playground equipment) and that said No Build Easement shall be maintained as open green space, including a play field and playgrounds (including appropriate playground equipment); provided, however, that Grantor shall have the right to construct, pave, and maintain, along the north edge of the No Build Easement, a Fire Access Lane and twelve (12) parking spaces and shall have the right to retain and maintain the existing hardtop area, all as shown on Exhibit A, which document is affixed hereto and is incorporated herein by reference.

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

THE UNDERSIGNED GRANTOR FURTHER WARRANTS that it has good and lawful right to convey said Easement and that it will forever defend the title thereto.

THIS GRANT AND CONVEYANCE is and shall be binding and obligatory upon the heirs, administrators, executors, personal representatives, successors, and assigns of the Grantor and the Grantee.

DATED THIS _____ day of ______________, 2015.

___________________________________

KYLE HAYDEN

Assistant Superintendent

Unified School District Number 497

ACKNOWLEDGMENT

STATE OF KANSAS           )

                                                )           ss:

COUNTY OF DOUGLAS    )

BE IT REMEMBERED, that on this _____ day of _____________, 2015, before me, the undersigned, a Notary Public in and for the County and State aforesaid came Kyle Hayden, Assistant Superintendent for Unified School District Number 497, 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 afore-mentioned entity.

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

                                                                                                                                                                                                                                                            __________________________

                                                                                                Notary Public

My Commission Expires: