Agr ROW Encroachment
LICENSE AGREEMENT
This License Agreement is entered into this /9tL. day of May, 2003, by and between the
CITY OF SALINA, KANSAS (the "City"); and ST. JOSEPH ANNEX, INC., a Kansas not-for-
profit corporation ("Licensee").
Recitals
A. Licensee has entered into a contract for purchase of the property commonly known
as 401 West Iron, Salina, Kansas, and legally described as follows:
The East One Hundred Thirty-Five (135) Feet of Lot Three (3) on Ninth (9th) Street,
and the East One Hundred Twenty-Five (125) Feet of the North Fifty (50) Feet of
Lot Four (4) on Ninth (9th) Street, all in f.he Phillips Addition to the City of Salina,
Saline County, Kansas (the "Real Estate").
B. The survey work completed in anticipation of Licensee' s purchase of the Real Estate
revealed the building encroachment on public right-of-way depicted on the attached Exhibit A (the
"Encroachment") .
C. The City's Engineering Department has concluded that under the circumstances,
allowing Licensee to maintain the Encroachment will not interfere with the current public use of the
public right-of-way.
THE PARTIES THEREFORE AGREE:
1. Grant of License. The City grants a license allowing Licensee to maintain the
Encroachment, subject to the tenns and conditions of this License Agreement (the "License").
2. Tenn of License. The License shall commence upon execution of this License
Agreement and shall continue until the earlier of:
A. Demolition of the building creathîg the Encroachment as constructed
and maintained at the location depicted on Exhibit A; or
B. Notification of Licensee and Owner by the City that the public
interest is best served by the use of the public right-of-way in a manner in conflict
with the License, and that the License shall tenninate no less than 180 days
following such notice.
3. Indemnification and Hold Harmless. Licensee shall indemnify and hold and save
the City, its officers, employees, agents, and contractors, harmless from any loss, cost, expense,
penalty, damage, or judgment, including attorneys fees, that may arise from the City allowing
Licensee to maintain the Encroachment over the public right-of-way pursuant to this License
Agreement.
4. Notices. Any notice to either party shall be sufficient if mailed by United States
mail, postage prepaid, at the following addresses:
City of Salina, Kansas
c/o City Clerk
P.O. Box 736
Salina, KS 67402-0736
St. Joseph Annex, Inc.
P.O. Box 0980
Salina, KS 67402-0980
5. Assignment of License. The assignment of a..t1y rights under this License Agreement
by Licensee shall be subject to the prior written consent of the City.
6. Binding Effect. This License Agreement shall be binding upon the parties, their
successors and authorized assigns.
Executed the day and year first above written.
CITY OF SALINA, KANSAS
By:
(]1~/- . ~ ~
Alan E. Jilka, Ma r
ATTEST:
~~~
Lieu Ann Nicola, City Clerk
ST. JOSEPH ANNEX, INe.
By:
+
,
-2-
STATE OF KANSAS; COUNTY OF SALINE, ss:
~
On this / lJ day of May, 2003, before me a Notary Public in and for said state,
personally appeared Alan E. Jilka, Mayor, and Lieu Ann Nicola, City Clerk, for the City of Salina,
Kansas, known to me to be the persons who executed the within License Agreement on behalf of
the City of Salina, and acknowledged to me that they executed the same for the purposes therein
stated.
~~~ d/~PubliC
~ BARBARA R. WEBER
NOT MY PtB.C
. .att';:~
M
STATE OF KANSAS, COUNTY OF SALINE, ss:
On this ,:J,2/ttJ.. day of May, 2003, before me a Notary Public in and for said state,
personally appeared George K. Fitzsi~onsfresidentof St. Joseph Annex, Inc., known to me to be
the person who executed the within License Agreement on behalf of the corporation and
acknowledged to me that he executed the same for the purposes therein stated.
My appointment expires:
.IANICE L DOHERTY
Slate of Kansas
My Appt. Exp. 28, 2OCM
-3-
Encroachment Sketch
A pareel in Lott 3 " ..
OB Ninth St., PbIlUpt. Add.
City of Salina, Kan...
~ SURVEY I NG & MAPPING ~N~
Office: (785) 263-2625 Fax: (78S) 263-1580
301 North Broadway, Þ.O. Box 97
Abilene. Kaasaa. 67410
I..Jron Avenue RIW
Gcisendorf-Rush-8mith
Funem Homo
401 W. Iron
Salina. Ks
I,.,
r
1" 20'
~I
J
j
z
~
/.
LOT 3
LOT 4
0.85'
Encroachment
Date: 5/19/03
Proj. #: 03-2978
Page 1 of 1
NOTE: For additional boundary information see Certificate of
Survey dated 1/29/03.
EXHIBIT A