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Porch in ROW . . LICENSE AGREEMENT This License Agreement is entered into this~ of August _,1998, by and between the CITY OF SALINA, KANSAS (the "City") and EARL R. AND BONNIE L. FOSTER ("Owners"). Recitals A. Earl R. and Bonnie L. Foster own a townhome located on the following described real estate: A tract ofland located in Lot Two (2), Block One (1), GICO Addition to the City of Salina, Saline County, Kansas Beginning at the Southwest comer of said Lot Two (2), thence NOO oOO'OO"E a distance of One Hundred Thirty and One Hundredths (130.01) feet, thence N90000'OO''E a distance of Forty-two and Twenty five Hundredths (42.25) feet, thence SOoo03'44"E a distance of One Hundred Thirty and One Hundredths (130.01) feet, thence N90000'OO''W a distance of Forty-two and Thirty-nine Hundredths (42.39) feet to the point of beginning. B. The above residential unit includes an attached porch on the west side of the structure (the "Porch"). C. The parties have discovered that the Porch projects approximately 2.6 feet over a public utility easement. D. The location of the Porch does not interfere with the current public use of the utility easement. THE PARTIES THEREFORE AGREE: 1. Grant of License. The City grants a license to allow the continued maintenance of the existing Porch as presently constructed over a portion of the utility easement. (The "License"). 2~ Term of License. The License shall commence upon execution oftrus License Agreement and shall continue until the earlier of: , (a) Discontinuation of use of the existing Porch as presently constructed; or (b) Notification of the Owners by the City that the public interest is best served by the use of the utility easement in a manner in conflict with the License, and that the License shall terminate 30 days following such notice. 3. Responsibilities Upon Notification of Termination. Ifnotice of termination of the License is given pursuant to paragraph 2.b., the Owners must remove that portion of the Porch that extends over the utility easement no later than the designated License termination date. If the Owners fail to remove that portion of the Porch that extends over the utility easement prior to the License termination date, the City may cause the necessary work to be performed and charge the cost of the work against the Owners and/or assess the costs as a special assessment against the above described real estate. 4. Indemnification and Hold Harmless. The Owners shall indemnify and hold and save the City, its officers, employees, agents and contractors, harmless from any loss, cost, expense, penalty, damage or judgement, including attorneys fees, that may arise from the City allowing the Owners to maintain that portion of the Porch that extends over the utility easement pursuant to this License Agreement. 5. 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 Owners Earl R. and Bonnie L. Foster 1405 Martin Salina, KS 67401 6. Assignment of License. The Owners and their assigns shall notify the City in writing of any assignment of any rights under this License Agreement. 7. Binding Effect. This License Agreement shall be binding upon the parties, their successors and assigns. EXECUTED the day and year first above written. CITY OF SALINA, KANSAS (.) ~ ::J-(2.-<-.---r4 Peter F. Brungardt, Mayor ATTEST: ~,jJ :t2.r . La , City Clerk Own~ -^ ~ t:A:W/. /?; 4~ Earl R. Foster /l~<fr'"/~ ~cG:~/77-> Bonnie L. Foster 2 STATE OF KANSAS; COUNTY OF SALINE, SS: /~-I'#I. On thi~ day of August, 1998, before me a Notary Public in and for said state, personally appeared Peter F. Brungardt, Mayor and Judy L. Long, 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. BAMAMR.- ,- ...... 3/f111J1J. .,::..~- tj!i 9- d-/7?7 My appointment expires: c;;. --->- _:>~ Notary Public STATE OF KANSAS; COUNTY OF SALINE, SS: On this /~ day of , 1998, before me a Notary Public in and for said state, personally appeared Earl R. Fo r and Bonnie L. Foster, husband and wife, known to me to be the persons who executed the within icense Agreement and acknowledged to me that they executed the same for the purposes therein stated. ~ . }<ATHY HE~RON ~-~~nsas l ~y APPt. Expires 9-,. Of) 3 License Agreemen t 1405 Martin Ave. Foster, Earl R. & Bonnie L. N W~E s cu .S -.l ~ ~ S- et Lot 2 Block 1 Gico Addition _ 1405 1407 ~ Martin Martin 12" Overhang BUJ1ding Line I I I I I I I I ~ "- ~ r I I I I I I I :.J Martin Ave.