Memorandum

City of Lawrence

Legal Services Department

 

TO:

David L. Corliss, Interim City Manager

 

FROM:

Toni Ramirez Wheeler, Staff Attorney

 

Date:

March 21, 2006

 

RE:

Proposed Encroachment Agreement - 645 Alabama, Lawrence Community Nursery School

 

This Memorandum provides information regarding the Lawrence Community Nursery School’s (“the School”) request to maintain and construct improvements and equipment in the City’s rights-of-way on Seventh and Alabama Streets.  The Memorandum summarizes the School’s reasons for the request.  It also briefly describes the process followed by City staff in processing the School’s request.  Finally, the Memorandum sets forth staff’s recommendation concerning an encroachment agreement, including a description of the main elements of the proposed encroachment agreement.

 

General Background

The City holds rights-of-way along Seventh Street and Alabama Street.  Generally, property owners are prohibited from appropriating any public right-of-way for any private use.  See Chapter 16, Article 8 of the Code of the City of Lawrence, Kansas, 2003 Ed., and amendments thereto. 

 

The School, located at 645 Alabama, currently maintains a stone retaining wall and stone steps in a portion of the Alabama Street right-of-way, as well as a chain-link fence and playground equipment in the Seventh Street right-of-way (photos).  The School wishes to continue its use of the rights-of-way, as described.  The School also wishes to grade and construct a new stone retaining wall in the Seventh Street right-of-way (engineering drawings).

 

The Nursery’s Reasons for Encroachment

According to the school’s representatives, the proposed retaining wall north of Seventh Street will serve two purposes.  First, the wall will allow the School to level the play area within the chain link fence, making it safer for the children.  It will also purportedly decrease erosion.   Secondly, the proposed retaining wall will allow for the leveling of soil along Seventh Street outside the chain link fence and below the wall.  This section of the right-of-way is sloped at approximately 15 degrees, and does not contain a sidewalk.  The grading and new retaining wall will provide easier and safer access to the school premises for the children and parents.

 

 

Processing of Request

Staff from the Public Works and Legal Services Departments met with School representatives to discuss the proposal.  Thereafter, Public Works Department staff contacted utility representatives and other City departments requesting comments regarding the proposed use.  None of the other utilities contacted objected to the proposed encroachment agreement.  Based upon one comment received, the School agreed to leave sufficient space for a future sidewalk, should one be constructed at this location. 

 

Historic Resources Commission staff has also reviewed and approved the proposed improvements.  HRC review was necessary because 645 Alabama is within the environs of an historic property located at 909 West 6th Street.

 

Staff Recommendation – Execution of Encroachment Agreement

Staff recommends the Commission authorize the Interim City Manager to enter into an encroachment agreement substantially similar to the attached Encroachment Agreement.  The proposed agreement grants a license to the School to use the rights-of-way in the manner set forth in the agreement.  The School agrees to install and/or maintain the improvements at its sole cost.  Should it be deemed necessary, the School must move the improvements at its cost for the installation, repair, or maintenance of any utilities or for any street improvement or other lawful purpose.  The School also agrees to indemnify the City from any claims, actions or damages related to its use of the rights-of-way.  Finally, the City may terminate the agreement at any time and for any reason by giving the School a 30-day written notice.