2005 S Purchasing - Southern Human Services Center - Duke Power Right-of-Way

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~~~/~,~ WR No. 57 493 Resp. 5343 Project Reconductor Drawn By: Leland Garner Project Des iption: Reconductor Homestead Rd /2501 Homeste Rd STATE OFINORTH CAROLINA Return Address: Duke Energy Corporation Attn: Leland Garner 4412 Hillsborough Rd Durham NC 27705 RIGHT OF WAY AGREEMENT COUNTY . F Orange KNOW AL MEN BY THESE PRESENTS, That Orange County hereinafter lied "Grantor" (whether one or more), in consideration of the sum of One Dollar ($1.00) and other good and valuable consideratio s, does hereby grant unto DUKE ENERGY CORPORATION, and its successors and assigns, subsidiaries and divisions, h reinafter called "Grantee," the perpetual right, privilege and easement to go in and upon that certain land of Grantor (hereinafter `premises") situated in said County and State, property described as: and over an across said premises wit~tin a right-of--way strip (check applicable): ® having width of 25 feet on ea~h side of a centerline determined by the centerline of the electrical facilities as installed, to construct, aintain and operate wi~h poles, crossatms, wires, guys, anchors, cables, transformers and other apparatus and appliances, verhead lines for the p ose of transporting electricity and for the communications purposes of the Grantee and regulated to ephone utilities. The fo lowing rights are also granted to Grantee: to enter said premises to inspect said lines, to perform ma tenance and repairs, an~ to make alterations and additions thereto, to remove from the right-of--way strip, now or at any time in a future, trees, structures or other obstructions that may endanger the proper maintenance and operation of said lines and trees o any species that Grantee determines will grow at maturity to a height that will endanger the proper maintenance and operation o said lines; to trim or remlove and to keep trimmed or remove. dead, diseased, weak or leaning trees or limbs outside of the right-of ay strip which, in the opinion of the Grantee, might interfere with or fall upon the electric or communications facilities wi in the right-of--way stripy and to install guy wires and anchors extending beyond the limits of the right-of--way strip. ® having width of 15 feet on eac~ side of a centerline determined by the centerline of the electrical facilities as installed, to construct, intain and operate undet~gound lines and conduits with other apparatus and appliances, either above ground or below ground, to i elude transfot7rters and ervice connections, for the purpose of transporting electricity and for the communications purposes of rantee and its licensees.] The following rights are also granted to Grantee: to enter said premises to inspect said lines, to perform aintenance and repairs, Viand to make alterations and additions thereto; and to clear the land within the right-of--way strip and to eep it clear of trees, structures or other obstructions; and to clear that land outside the right-of--way strip within ten feet of the s rvice door of any transf~t7tter or cabinet located within the right-of--way strip and to keep the area within ten feet of said door c ar of trees, structures o~ other obstructions. All underground facilities are to be installed in accordance with the provisions f Grantee's Underground Distribution Installment Plan, NCUC Docket E-7, Sub 552, receipt of a copy of which is acknowledg d by Grantor. This right- -way is given to petmt the construction of facilities presently proposed. Facilities at other locations and future extensions f presently constructed i~acilities are not permitted by this agreement. The foregoing notwithstanding, Grantee may relocate its acilities and right-of-wa~ strip over the premises to conform to any future highway or street relocation, widening or