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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.