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2011-04-06 Anderson Jeremy H Melody J Parcel 40April 1, 2011 CITY OF SHERIDAN TEMPORARY EASEMENT PERMIT Project: Wyoming Ave. Phase I County: Sheridan Parcel: #40 KNOW ALL MEN BY THESE PRESENTS: THAT Jeremy H & Melody J Anderson, herein referred to as the "Landowner ", hereby grants to the City of Sheridan, its agents, and contractors herein referred to as the "City," permission to enter upon the following area(s) for use of a temporary area for construction purposes as related to the Wyoming Ave. Reconstruction Project Phase I. A strip of land being 5 feet wide, beginning on the southeasterly property line and running adjacent to and parallel to the right -of -way boundary of Park Street; thence widening to 10 feet and thence narrowing to 5 feet wide; thence ending on the southwesterly property line of said landowner, as depicted on Exhibit "A ", which by reference is attached hereto and made a part hereof. Said strip of land permits the contractor to work and operate equipment in an area outside the existing right -of -way boundary, in order to construct the approach, sidewalk, curb, and gutter and slopes fro the sidewalk. Upon the completed use of the permit area, the disturbed area will be sloped and blended to the adjacent topography and the disturbed areas will be sodded.. Said Permit area(s) is shown on the copy of Exhibit "A ", for the above- mentioned City project and said Exhibit "A ", is hereby attached hereto and made a part hereof. The Permit includes the right of ingress and egress, and also the right to temporarily operate equipment upon the above described permit area. Upon completed use of the Permit area(s), the disturbed area(s) will be sloped, blended and sodded by the City and or the City's Contractor, where feasible. The use of the Permit area(s) will commence upon the date of the awarding of the project by the City of Sheridan and said permit can be used for a period of not more than two (2) year(s) from the award date. The Landowner will be solely responsible to maintain the sodding put in place for the grass and/ or sod that has been removed within the permit area for construction purposes. Any existing trees, shrubs, or fences that are located in the permit area will need to be removed. The existing fence will be removed and reset and if any portion the fence that is damaged, the City, its agents and contractor will rectify the damage with materials as near to the existing fence materials removed. The removal of the tree(s) within the permit area will be replaced by a tree that is chosen from the list of trees presented to the Landowner. The replacement oftree(s) will be one new tree for the removed existing tree. 234 Removal of snow, etc., from sidewalk—Duty of owner, etc., of abutting property. The owners, agents and occupants of any house, warehouse, store, tenement house or any other building, and the ground belonging thereto or occupied by them, and the owner and agent of any vacant lot within the city, shall keep the sidewalks, whether paved or not, in front of and adjoining such property, clean, and after any fall of snow, shall cause the snow and all slush and ice to be immediately removed from the sidewalk fronting their respective lot into the carriageway of the street.(R.O. 1937, § 761.) TEMPORARY FENCING: Prior to the start of construction, Permit areas may or may not be temporarily fenced as deemed necessary by the City. Should the City decide to construct a temporary fence, at the completed use ofthe permit area, the City and/or its contractor will remove and dispose of the temporary fence as deemed necessary. The Landowner hereby grants ingress and egress to the City, its agents and contractors to enter upon and outside the permit area to remove any existing fence within the permit area and to construct and/or remove the temporary fence that was constructed by the City PERMANENT FENCING: 2. Should any portion of a permanent fence be removed as a result of said fence being in the Permit Area, The City its agent or contractor will make every effort to remove the existing fence in a useable manner. The City its agent or contractor shall install and/or construct the same fence material in as similar location as the existing fence was removed. Should the existing fencing material being removed, be unable to be re- installed, the City its agents or contractor will replace that portion of the fence that was removed with as similar and /or like fencing material as can be obtained to be connected to the existing fence that is in place. CURB and GUTTER: 3. The City shall construct curb, gutter, sidewalk, water line and sewer line as part of this project CONTINUAL ACCESS: 4. The Landowner will have safe access to their property at all times during construction on the above referenced project. Should construction require access to be denied, the Engineer in charge of construction will notify the Landowner 48 hours in advance as to how long the access will not be able to be used. APPROACH OR APPROACHES: 5. The City its agent or contractor will construct the approach in accordance with Exhibit "A" which by reference is attached hereto and made a part hereof. The approach will be sloped and blended into the existing topography of the existing property. 6. The City of Sheridan does not waive any sovereign immunity that maybe granted to the City of Sheridan and specifically retains any and all immunity and all defenses available to the City of Sheridan as provided in Wyoming State Statues, guidelines and state and city laws. 7. This Permit Agreement is the entire Agreement and there are no additional promises, terms, conditions, stipulations or obligations between the parties. Both parties having read the entire Agreement and having full knowledge of the Agreement, its intent, content, and of all clauses contained herein, attach the proper signature(s) below, acknowledging and giving full and complete approval of this Agreement. This Agreement will be binding upon the Landowner, their representatives, heirs, successors or assigns. City of Sheridan /' D i . Consulting Representative to the City of Sheridan Landowner(s) Hy: r� C0I1111N(i, WILLIAM U III H � HANSON, JENNIFER S i �� �`� 0 0 < N P-4 a < A s ---------- I i �r ` HOLLANDSWORTH, ROBERT L CO HOLLANDSWORTH, CHRISTAL �p�5• 2i r r �`b� q '�rp s I � J j I � % DIXppN CASEY E1A9EY'D% 5' _____„— —� i vac ` s C ` ti2�� 9q CUSTER STREET NYE, HERSCHELL HERBERT W y w' a CL p I THE V�NG OF CL .14 Q GPQ I G a X5. 5' . Li JANDERSON -- ���10• MELODY J s El "r�- 15' �� PG 41 ` / 5' `z O < 10'J l tiF y J < 170 // `` 1 p SCALE: I' = 50' LEGEND —.. —..— r.Xtg tl0 STREET RKW-OF -WAY P p ROP PO OM STREET RN.7TT - w - WAY — R PROPERLY LM I_- 3 TEmIORMY C01161RUCNON EAsEmENT BEARINGS AND DISTANCES ARE 84SED ON THE WYVMINC COORDINATE SYSTEM AMD 83/93 WYDMNG FAST CENTRAL ZONE, AND HAVE BEEN MULTIPLIED BY A PROJECT FACTOR OF 1.000235830. PARK STREET TEMPORARY CONSTRUCTION ENGINEERING 1849 TERRA AVE. SHERIDAN, WY. 62601 (307) 6M41761 KWN St FF 10062pVG5'L(N RQ dM,]I Pak3P1NTI448'.3]PM CITY OF SHERIDAN TREE AGREEMENT Notice to Property Owner In accordance with the Wyoming Ave. Reconstruction Project, you are entitled to one replacement tree for every tree that is removed that is located within the Temporary Permit Area or designated as being a determinant to the newly constructed Sidewalk, Curb and Gutter. Your choice of tree is to be from the list of trees given to you. Should you wish to purchase more trees then the ones being replaced, you may pick additional trees to be planted on your property for the same cost as the City of Sheridan has approved, which is $400.00 to $500.00 per tree. I hereby agree to pick the following as my replacement tree(s): I further choose e following trees to be planted on my property at a designated area 1// and shall purchase the additional trees from the City of Sheridan at their bid price. I will be notified of the cost of the additional trees that I have chosen and will make payment to the City prior to the ordering of the additional trees to be planted on my property. Should I fail to make payment for the additional trees within 10 days from notification, my order for the additional trees will not be processed. Dated this _ day of I d z k ' / 2011 Landowner or Representative: