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<br /> <br />4 <br />Company/Norfolk Southern Railway Company - rights-of-way; <br />and <br />WHEREAS, NCDOT and the railroad companies typically require that <br />entities, including government agencies, that own and <br />operate water and sewer utilities that are installed within <br />their respective rights-of-way, execute various types of <br />legal instruments - such as easement agreements that oblige <br />the utility owner to assure that any problem caused by the <br />presence of the utility or a failure of the utility <br />infrastructure be mitigated by the utility owner at no <br />expense or liability to the owner of the right-of-way and <br />grantor of the utility easement; and <br />WHEREAS, the North Carolina Railroad Company and the Norfolk <br />Southern Railway Company have included a requirement that <br />an insurance policy be maintained indemnifying them from a <br />failure of the sewer; and <br />WHEREAS, Barber & Ross Company is willing to purchase and <br />maintain such an insurance policy under the specific <br />conditions contained in an agreement between the County and <br />Barber & Ross Company providing for this insurance coverage <br />as described in that agreement and providing for an <br />easement across Barber & Ross Company property for the <br />future extension of the Efland Area Sewer System to serve <br />the Buckhorn Road Economic Development District; and <br />