Memorandum

City of Lawrence

City Attorney's Office

TO:	Diane Stoddard, Interim City Manager Toni R. Wheeler, City Attorney Charles F. Soules, P.E., Director Public Works Mark Thiel, Assistant Director Public Works
FROM:	Randall F. Larkin, Senior Assistant City Attorney
DATE:	July 7, 2015
RE:	Knightly Environmental Right of Way Agreement

The Kansas Department of Health and Environment (KDHE) has contracted with Knightly Environmental Incorporated, a Kansas corporation, to assess groundwater and soil contamination associated with underground storage tanks located in the vicinity of the intersection of West 25th Street and South Iowa Street. In order to complete that assessment, Knightly wishes to place one monitoring well within the City's right of way near the intersection of West 25th Street and South Iowa Street, the location of which is shown as MW-5 on Exhibit A to the proposed agreement. City staff and Knightly have reached a tentative agreement for Knightly's use of the City's right of way, subject to the terms and conditions of that agreement. If the agreement is approved, then the City will grant Knightly, as an accommodation, the right to place one monitoring well in the City's right of way to assess groundwater and soil contamination in the area. There is no cost to the City associated with this project.

Action Requested

Staff requests the City Commission to authorize the Interim City Manager to execute a License Agreement permitting Knightly Environmental Incorporated, a Kansas corporation, to install and maintain one ground water monitoring well within the City's right of way near at the intersection of West 25th Street and South Iowa Street in accordance with the terms of that agreement.