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a <br />i COUNTY OR COUNTIES OF <br />STATE OF NORTH CAROLINA <br />DEPARTMENT OF TRANSPORTATION <br />I AND <br />ORANGE COUNTY <br />NORTH CAROLINA <br />BLANKET ENCROACHMENT AGREEMENT <br />UNDERGROUND UTILITY SERVICE CONNECTIONS <br />ON PRIMARY AND SECONDARY ROAD SYSTEM <br />THIS AGREEMENT, made and entered into this the 31 day of 01 20 08 by and between the Department <br />of Transportation, party of the first part; and ORANGE COUNTY, NORTH CAROLINA <br />party of the second part, <br />WITNESSETH: <br />THAT WHEREAS, the party of the second part desires to install underground service connections on the <br />right of way of certain public roads on the State Primary and/or Secondary Road System in the above County or <br />Counties, North Carolina; and <br />WHEREAS, it is to the material advantage of the party of the second part to effect this encroachment, and <br />the party of the first part, in the exercise of authority conferred upon it by statute, is willing to permit the <br />encroachment within the limits of the right of way as indicated, subject to the conditions of this agreement; <br />NOW, THEREFORE, IT IS AGREED that the party of the first part hereby grants to the party of the second <br />part the right and.privilege to encroach and construct underground service connections in the County or counties <br />mentioned above, without giving prior notification to the party of the first part, subject to strict compliance to the <br />following 18 numbered special provisions; <br />1. This Agreement applies,onlyto underground service connections that emanate from a <br />distribution line, feeder line, or main line outside highway right of way or from existing <br />distribution line, feeder line, or main line occupying highway right of way by virtue of an <br />approved encroachment agreement. Any service connection which is to be owned <br />and/or installed by any person or firm other than the owner or owner's agent of the <br />distribution line, feeder line, or main line shall not be included in this agreement. <br />2. This agreement applies on all highways except Freeways. <br />3. No pavement shall be cut. Shoulders stabilized with bituminous material and/or <br />crushed stone will be considered as pavement. <br />4. Plowing will be permitted across unpaved roads. <br />5. Trenching will not be permitted across unpaved roads. <br />6. No longitudinal installations requiring open-cut or trenching will be allowed. <br />7. Longitudinal installations up to 500' will be allowed provided the plowing-in method of <br />installation is utilized. <br />8. Road crossings by the methods of driving, jacking, or boring holes up through 6" in <br />diameter will be allowed. Bores in excess of 6" in diameter will require an <br />encroachment agreement approved by the Division Engineer. <br />9. Minimum bury beneath roadways shall be 3 feet; and 2 feet below the bottom of side <br />ditches and sidewalks. <br />10. Highway drainage pipes and culverts are not to be disturbed. <br />11. No attachment shall be made to bridges or culverts. <br />12. That the said party of the second part binds and obligates himself to install and <br />maintain the encroaching facility in such safe and proper condition that it will not <br />interfere with or endanger travel upon said highway, nor obstruct nor interfere with the <br />proper maintenance thereof, to reimburse the party of the first part for the cost incurred <br />for any repairs or maintenance to its roadways, and structures necessary due to the <br />installation and existence of the facilities of the party of the second part, and if at any <br />time the party of the first part shall require the removal of or changes in the location of <br />FORM R/W 16.5 <br />Rev. July 1, 1977 <br />Page 1 of 2