SIDEWALK VARIANCE

THIS SIDEWALK VARIANCE is granted with the stipulations herein below stated this	day of	, 20	, by the SIDEWALK REVIEW BOARD of the CITY OF OVERLAND PARK, KANSAS, a duly constituted administrative board of the City organized and existing pursuant to the authority of Section 13.08 et seq. of the Overland Park Municipal Code (hereinafter referred to as the “Board”) to	(hereinafter referred to as the “Petitioner”): WITNESSETH:

WHEREAS, Petitioner is the owner of the following described real property located in the City of Overland Park, Johnson County, Kansas, to wit:

SEE ATTACHMENT ‘A’

WHEREAS, Petitioner desires to construct a structure or improvement on the property; and,

WHEREAS, Section 13. 08 et seq. of the Overland Park Municipal Code requires Petitioner to construct a sidewalk along any public street or streets adjacent to a parcel of land, the proposed improvement of which requires the Petitioner to apply for a Building Permit from the City; and,

WHEREAS, Petitioner has petitioned the Board for a variance from the requirements of Section 13.08 et seq., the request having been made as authorized and provided in said Section; and ,

WHEREAS, the Board has recommended that Petitioner be granted the requested variance from the requirements of Section 13. 08 et seq. of the Overland Park Municipal Code subject to the conditions and stipulations hereinafter set forth;

NOW, THEREFORE, BE IT RESOLVED by the Sidewalk Review Board of the City of Overland Park, Kansas:

1.	That the Board does hereby grant Petitioner the requested “variance” from the requirements of Section 13. 08 et seq. of the Overland Park Municipal Code contingent upon the performance and observance of the following regulations, stipulations, conditions, and restrictions, to wit:

a.

b.

c.

2.	That the variance and stipulations shall be on and after the date of the execution of this variance a covenant running with the land, hereinbefore described, and shall be binding upon the heirs, successors, transferees, and assigns of Petitioner as acknowledged and agreed by Petitioner having affixed such signature hereinbelow.

3.	That this variance, fully executed, shall be filed with the register of Deeds in Johnson County, Kansas, and the filing of same shall constitute constructive notice to all heirs, successors, transferees, and assigns of Petitioner of the covenant running with the land, and notice of this variance and stipulations made thereto.

IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and affixed their seals the day and year first above written.

APPROVED AS TO FORM	SIDEWALK REVIEW BOARD OF THE

CITY OF OVERLAND PARK, KANSAS

By:

Tammy M. Owens	Chairman

Senior Assistant City Attorney

PETITIONER(S)

By:

SIDEWALK REVIEW BOARD ACKNOWLEDGEMENT

STATE OF	)

) SS.

COUNTY OF	)

BE IT REMEMBERED, That on this	day of	, 20	, before me, the undersigned, a Notary Public in and for the County and State aforesaid, came	Chairman of the Sidewalk Review Board of the City of Overland Park, Kansas, pursuant to the authority conferred by Section 13.08 et seq. of the Overland Park Municipal Code, who is personally known to me to be the said Chairman and who is personally known to me to be the same person who executed as such Chairman the foregoing instrument on behalf of the said Sidewalk Review Board, and such person duly acknowledged the execution of same to be the act and deed of said Board.

IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal the day and year last above written.

My Appointment Expires

Notary Public

INDIVIDUAL ACKNOWLEDGEMENT

STATE OF	)

) SS.

COUNTY OF	)

BE IT REMEMBERED, That on this	day of	, 20	, before me, the undersigned, a Notary Public in and for the County and State aforesaid, came	who is/are personally known to me to be the same person(s) who executed the within instrument of writing and duly acknowledged the execution of same.

IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal the day and year last above written.

My Appointment Expires

Notary Public

LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT

STATE OF	)

) SS.

COUNTY OF	)

BE IT REMEMBERED, That on this	day of	, 20	, before me, the undersigned, a Notary Public in and for the County and State aforesaid, came	(name/s), member(s) of

(name of company), a Limited Liability Company duly formed under the provisions of the	(state) Limited Liability Company Act, who is/are personally known to me to be the such member(s) and who is/are personally known to me to be the same person(s) who executed as such member(s) the foregoing instrument on behalf of said company, and such person(s) duly acknowledged the execution of same to be the act and deed of said company.

IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal the day and year last above written.

My Appointment Expires

Notary Public

CORPORATE ACKNOWLEDGEMENT

STATE OF	)

) SS.

COUNTY OF	)

BE IT REMEMBERED, That on this	day of	, 20	, before me, the undersigned, a Notary Public in and for the County and State aforesaid, came	President of	, a corporation duly organized, incorporated and existing under and by virtue of the laws of the State of	, and	, Secretary of said Corporation, who are personally known to me to be the such officers and who are personally known to me to be the same persons who executed as such officers the within instrument on behalf of said Corporation, and such persons duly acknowledged the execution of the same to be the act and deed of said Corporation.

IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal the day and year last above written.

My Appointment Expires

Notary Public

DO NOT WRITE, TYPE OR STAMP ANYTHING ABOVE THIS LINE OR IN THE MARGINS.

DO NOT WRITE, TYPE OR STAMP ANYTHING BELOW THIS LINE.	Rev. 2-21-08

SIDEWALK VARIANCE

Public Works

2006-10-05

Joe Archer

City of Overland Park