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11. PROJECT LIMITS AND RIGHT OF WAY (ROW) <br />SPONSOR PROVIDES ROW <br />The County, at no liability whatsoever to the Department, shall be responsible for providing and/or <br />acquiring any required ROW and/or easements for the Project. <br />ROW GUIDANCE <br />The County shall accomplish all ROW activities, including acquisition and relocation, in <br />accordance with the following: Title 23 of the Code of Federal Regulations, Part 710, Subpart B <br />and Title 49 of the Code of Federal Regulations, Part 24, [Uniform Acts incorporated by reference <br />at www.fhwa.dot.gov/legsregs/directives/fapytoc.htm; NCGS, Chapter 133, Article 2, Sections <br />133-5 through 133-18, Relocation Assistance, incorporated by reference at <br />www.ncleg.net/gascripts/Statutes/Statutes.asp; and the North Carolina Department of <br />Transportation Right of Way Manual. <br />APPRAISAL <br />If the costs of ROW acquisition are an eligible expense, the County shall submit the appraisal to <br />the Department's Right of Way Branch for review and approval in accordance with Departmental <br />policies and procedures. <br />CLEARANCE OF PROJECT LIMITS /ROW <br />The County shall remove and dispose of all obstructions and encroachments of any kind or <br />character (including hazardous and contaminated materials) from said ROW, with the exception <br />that the County shall secure an encroachment agreement for any utilities (which shall remain or <br />are) to be installed within the ROW. The County shall indemnify and save harmless the <br />Department, Federal Highway Administration, and the State of North Carolina, from any and all <br />damages and claims for damages that might arise on account of said right of way acquisition, <br />drainage, and construction easements for the construction of said Project. The County shall be <br />solely responsible for any damages caused by the existence of said material now and at any time <br />in the future and will save the Department harmless from any legal actions arising as a result of <br />this contaminated and/or hazardous material and shall provide the Department with <br />documentation proving the proper disposal of said material. <br />Agreement ID # 446 <br />