201 S 25th StSAMSON LAW QFFICE
1650 WASHINGTON ST.
P.O. BOX 627
BLAIR,, NEBRASKA 68008
JOIiN E. SA 4SON
ATTORNEY AT LAW
November 12, 2001
Rodney,
City Administrator
218 S. 16" Street
Blair, NE. 68008
Re: Consent for conditions of Easement
across Tax Lot 417 in Section 11- 18 -11;
Jon and Cheryl Wolff
TELEPHONE 402 - 426 -3600
FACSIMILEE 402- 426 -4848
Dear Rod:
Enclosed please find the original signed consent with regard to the above referenced
matter. Please feel free to contact me should you have any questions. Thank you.
rs very truly,
J E. SAMSON
JES /bo
Enclosure
SAMSON LAw OFFICE
1650 WASHINGTON ST.
P,O. BOX 627
BLAIR, NEBRASKA, 68008
JOHN E. SAMSON
ATTORNEY AT LAW
October 31, 2001
Jon and Cheryl Wolff
2307 Washington Street
Blair, NE. 68008
Re: Conditions for Easement Across
Tax Lot 417 in Section 11 -18 -11
Dear Jon and Cheryl:
TELEPHONE 402. 426 -3600
FACSIMILE 402- 426 -4648
As you are aware, I am the attorney for the City of Blair, Nebraska. This correspondence
is to follow up on our telephone conversation of October 26, 2001 regarding the access /driveway
issue. Rodney Storm, City Administrator, requested that I correspond with you to set forth the
terms under which the City will agree to grant you a license to cross that piece of ground which is
100' long by 50' wide and is directly west of Lincoln Street on the west side of 25 Street
( "Subject Real Estate ").
The City will grant you a non - exclusive license to use a part of the subject real estate as a
driveway for access to Tax Lot 417 in Section 11- 18 -11, on the following conditions:
1. You must pave the area located from the existing sidewalk east to 25t Street with
concrete with a depth of 6 inches. This would include the area where the sidewalk
is currently located. You agree to remove that portion of the existing curb which is
25' in width (12 on each side of the center line of your driveway) and to pave
that area with concrete with a depth of at least 6".
2. You must hard - surface with asphaltic concrete or concrete, a driveway of not less
than 12' in width along the entire 100' length of subject property. The exact
:, drive �s..j° i � be ami" ec opoi7 ����'i:VVeeii otirsei�_ arid the C'ity
Administrator.
3 . Snow removal - You will be responsible for removing the snow from the hard-
surfaced area and shall also be responsible for clearing the snow off of the
sidewalk for the entire 50' width of the City -owned property (i.e. You need to
clear not only your. driveway area, but also the sidewalk on both sides of the
driveway up to the boundary line of the adjacent landowners).
4. Any repairs to the sidewalk or any portion of the hard - surfaced driveway will be at
your expense. The City will not be responsible for any repairs or maintenance to
any .portion of the sidewalk or any portion of the driveway.
CD
i fF "—
Ma
i f i r1
b
As you are aware, I am the attorney for the City of Blair, Nebraska. This correspondence
is to follow up on our telephone conversation of October 26, 2001 regarding the access /driveway
issue. Rodney Storm, City Administrator, requested that I correspond with you to set forth the
terms under which the City will agree to grant you a license to cross that piece of ground which is
100' long by 50' wide and is directly west of Lincoln Street on the west side of 25 Street
( "Subject Real Estate ").
The City will grant you a non - exclusive license to use a part of the subject real estate as a
driveway for access to Tax Lot 417 in Section 11- 18 -11, on the following conditions:
1. You must pave the area located from the existing sidewalk east to 25t Street with
concrete with a depth of 6 inches. This would include the area where the sidewalk
is currently located. You agree to remove that portion of the existing curb which is
25' in width (12 on each side of the center line of your driveway) and to pave
that area with concrete with a depth of at least 6".
2. You must hard - surface with asphaltic concrete or concrete, a driveway of not less
than 12' in width along the entire 100' length of subject property. The exact
:, drive �s..j° i � be ami" ec opoi7 ����'i:VVeeii otirsei�_ arid the C'ity
Administrator.
3 . Snow removal - You will be responsible for removing the snow from the hard-
surfaced area and shall also be responsible for clearing the snow off of the
sidewalk for the entire 50' width of the City -owned property (i.e. You need to
clear not only your. driveway area, but also the sidewalk on both sides of the
driveway up to the boundary line of the adjacent landowners).
4. Any repairs to the sidewalk or any portion of the hard - surfaced driveway will be at
your expense. The City will not be responsible for any repairs or maintenance to
any .portion of the sidewalk or any portion of the driveway.
5. Your driveway will be located on public property and therefore the portion of your
driveway located on the City property will be open to the public. Obviously, any
portion of your driveway which is located on Tax Lot 417 would be private
property and you can control access as you may so desire.
6. Termination of License - In the event the City or any of its agents or assigns open
up the City property as a public street, then this license shall terminate and the
City, or its agents or assigns, shall be entitled to remove any of the asphalt or
concrete as part of its construction project. The City, its agents or assigns, will
not be liable to you for any money or damages you may have incurred as a result
of the improvements that you made on the City property. If a City street is opened
up, you, obviously, will have public access to and from the City street.
1J S ItU�Ga.I iL1 Qli �i IL Lllig %ii"!:)i.ii1V11LJ I. \�l VVQIGl iili J, SG�VCi 111iC:) of
other utilities. If it is necessary for the City to remove, or otherwise damage any
portion of your driveway to repair or replace any water line or sewer line, the City
will not be responsible for the damage caused (i.e. any repair or replacement will
be at your expense).
I would appreciate it if the terms of this correspondence are acceptable, that you sign on
the bottom of this letter and return it to me at your convenience. Thank you.
ours v�ry truly,
JOHN : SAMSON
JES /kn
cc Rodney Storm
CONSE
The undersigned do hereby consent to the terms and provisions set .forth above.