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LICENSE AGREEMENT
This License Agreement is entered into thi~day of August, 1997, by and between the
CITY OF SALINA, KANSAS (the "City") and JEFFREY P. LEWIS and JEANNE M. LEWIS,
husband and wife, (the "LICENSEE").
Recitals
A. LICENSEE owns the following described real estate:
Lot Thirty-six (36) Ellsworth Avenue, Grounds of Kansas Wesleyan
University, and West Eight feet (8') adjacent accreted Fourth Street to
the City of Salina, Saline County, Kansas
(the "Real Estate")
B. LICENSEE's application for a permit to construct a fence brought to the attention of
the city officials that the east side of the residence constructed on the Real Estate in 1950 encroaches
upon the Fourth Street right-of-way by approximately one and one-half feet (1 W), and that the
proposed fence is to be located in the Fourth Street right-of-way.
C. LICENSEE's ongoing maintenance of a residence and construction of the proposed
fence on a portion of the Fourth Street right-of-way will not interfere with the current public use of
the right-of-way.
THE PARTIES THEREFORE AGREE:
1. Grant of License. The City grants a license to the LICENSEE for the maintenance of
the existing residence and construction of a fence in the right-of-way as depicted on the attached and
incorporated Exhibit A (the "License").
2. Term of License. The License shall commence upon execution of this License
Agreement fu'1d shall continue until the earlier of:
A. Discontinuation of use of the right-of-way by the LICENSEE for the
purposes described above; or
B. Notification of the LICENSEE by the City that the public interest is
best served by the use of a portion or all of the right-of-way in a manner in conflict
with the License, and that the License shall terminate, in whole or in part, no less than
180 days following such notice (the "Termination Date").
3. Responsibilities Upon Notification of Termination. If notice of termination of the
License, in whole or in part, is given pursuant to paragraph 2.B., the LICENSEE must remove any
affected improvements prior to the Termination Date. If the LICENSEE fails to remove the affected
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improvements prior to the Termination Date, the City may cause the improvements to be removed
and recover the cost of removal from the LICENSEE.
4. Utility Access. The LICENSEE agrees to temporarily remove any improvements
made pursuant to this License Agreement, at LICENSEE's expense, when required from time to time
for access to utilities by the city and its franchisees or their employees, contractors, or agents.
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
Jeffrey P. Lewis and Jeanne M. Lewis
13 5 East Ellsworth Avenue
Salina, KS 67401
6. 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
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Kr' tin M. Seaton, ayor
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~Lewis
Po~ ,r}.~
~e M. LeWiS
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STATE OF KANSAS; COUNTY OF SALINE, SS:
On this t1 g.. day of August, 1997, before me a Notary Public in and for said state,
personally appeared, Kristin M. Seaton, Mayor, and Judy D. 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, Kansas, and acknowledged to me that they executed the same for the purposes therein
stated.
.NOTAlY PUBUC. StItt of KaISII
PENNY L ALLE~
My AppI. &,. ~..:}. q
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Notary Public
STATE OF ~WSAS; COUNTY OF SALINE, SS:
On t~11 f day of August, 1997, before me a Notary Public in and for said state,
personally appeared Jeffrey P. Lewis and Jeanne M. Lewis, husband and wife, known to me to be the
persons who executed the within License Agreement, and acknowledged to me that they executed the
same for the purposes therein stated.
6 SUSAN K. KE ENE.R
NOTARY pUBUC
STATE Of~n'1
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C2u-La~~/UA/
, Notary Public
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Exhibit A