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<br />WR No. ~~ R . 331 Project ~TG G Return Address: En Caro '
<br />Drawn By. .~-L Attn: . ~~ s' ~
<br />Project Description: C G Gf Co. a
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<br />STATE OF NORTH CAROLINA RIGHT OF WAY AGREEMENT
<br />COUNTY OF O p, aR u E
<br />KNOW ALL MEN BY THESE PRESENTS, That ORANGE COUNTY, a body politic and corporate and THE TRUSTEES OF
<br />DURHAM TECHIIJCAL COMMUNITY COLLEGE, a body corporate, hereinafter called "Grantor" (whether one or more), in
<br />consideration of the sum of One Dollar ($1.00) and other good and valuable considerations, does hereby grant unto DUKE
<br />ENERGY CAROLINAS, LLC, and its successors and assigns, subsidiaries and divisions, hereinafter called "Grantee," the
<br />• perpetual right, privilege and easement to go in and upon that certain land of Grantor (hereinafter "premises") situated in said
<br />County and fate property described as:
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<br />and over and across said premises within aright-of-way strip (check applicable):
<br />^ having a width of feet on each side of a centerline determined by the centerline of the electrical facilities as installed, to
<br />construct, maintain and operate with poles, crossarms, wires, guys, anchors, cables, transformers and other apparatus and
<br />appliances, overhead lines for the purpose of transporting electricity and for the communications purposes of the Grantee and
<br />regulated telephone utilities. The following rights are also granted to Grantee: to enter said premises to inspect said lines, to
<br />perform maintenance and repairs, and to make alterations and,additions thereto, to remove from the right-of-way strip, now or at
<br />any time in the future, trees, structures or other obstructions that may endanger the proper maintenance and operation of said lines
<br />and trees of any species that Grantee determines will grow at maturity to a height that will endanger the proper maintenance and
<br />operation of said lines; to trim or remove and to keep trimmed or remove dead, diseased, weak or leaning trees or limbs outside of
<br />the right-of-way strip which, in the opinion of the Grantee, might interfere with or fall upon the electric or communications
<br />facilities within the right-of-way strip; and to install guy wires and anchors extending beyond the limits of the right-of-way strip.
<br />j~ having a width of ~ feet on each side of a centerline determined by the centerline of the electrical facilities as installed,
<br />to construct, maintain and operate underground lines and conduits with other apparatus and appliances, either above ground or
<br />below ground, to include transformers and service coffiections, for the purpose of transporting electricity and for the
<br />communications purposes of Grantce and its licensees. The following rights are also granted to Grantee: to enter said premises to
<br />inspect said lines, to perform maintenance and repairs, and to make alterations and additions thereto; and to clear the land within
<br />the right-of-way strip and to keep it clear of trees, structures or other obstructions; and to clear that land outside the right-0f-way
<br />strip within ten feet of the service door of any transformer or cabinet located within the right-of-way strip and to keep the area
<br />within ten feet of said door clear of trees, structures or other obstructions. All underground facilities are to be installed in
<br />• accordance with the provisions of Grantee's Underground Distribution Installment Plan, NCUC Docket E-7, Sub 552, receipt of a
<br />copy of which is acknowledged by Grantor.
<br />This right-of-way is given to permit the construction or modification of facilities presently proposed. Facilities at other locations
<br />and future extensions of presently constructed facilities are not permitted by this agreement. The foregoing notwithstanding,
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