2005 NS Planning- Orange County Soccer Center Site Plan Revision Electrical Easements 900-920

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WRNo. 619042 Resp. 5342 Project SIP Drawn By: Jerry Payne Project Description: Overhead and underground primary for school on West Ten Road STATE OF NORTH CAROLINA COUNTY OF Orange Retum Address: Duke Energy Corporation Attn: Jerry Payne 1205 N Church St Burlington, NC 27217 RIGHT OF WAY AGREEMENT 5 KNOW ALL MEN BY THESE PRESENTS, That Orange Count hereinafter called "Grantor" (whether one or more), in consideration of the sum of One Dollar ($1.00) and other good and valuable considerations, does hereby grant unto DUKE ENERGY CORPORATION, and its successors and assigns, subsidiaries and divisions, hereinafter 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: Deed Book 200 Page #494 and over and across said premises within a right -of -way strip (check applicable): N having a width of 15 feet on each side of a centerline determined by the centerline of the electrical facilities as installed, to construct, maintain and operate with poles, crossarms, wires, guys, anchors, cables, transformers and other apparatus and appliances, overhead lines for the purpose of transporting electricity and for the communications purposes of the Grantee and regulated telephone utilities. The following rights are also granted to Grantee: to enter said premises to inspect said lines, to perform maintenance and repairs, and to make alterations and additions thereto, to remove from the right -of -way strip, now or at any time in the future, trees, structures or other obstructions that may endanger the proper maintenance and operation of said lines and trees of any species that Grantee determines will grow at maturity to a height that will endanger the proper maintenance and operation of said lines; to trim or remove and to keep trimmed or remove dead, diseased, weak or leaning trees or limbs outside of the right -of -way strip which, in the opinion of the Grantee, might interfere with or fall upon the electric or communications facilities within the right -of -way strip; and to install guy wires and anchors extending beyond the limits of the right -of -way strip. N having a width of 10 feet on each side of a centerline determined by the centerline of the electrical facilities as installed, to construct, maintain and operate underground lines and conduits with other apparatus and appliances, either above ground or below ground, to include transformers and service connections, for the purpose of transporting electricity and for the communications purposes of Grantee and its licensees. The following rights are also granted to Grantee: to enter said premises to inspect said lines, to perform maintenance and repairs, and to make alterations and additions thereto; and to clear the land within the right -of -way strip and to keep it clear of trees, structures or other obstructions; and to clear that land outside the right -of -way 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 within ten feet of said door clear of trees, structures or other obstructions. All underground facilities are to be installed in accordance with the provisions of Grantee's Underground Distribution Installment Plan, NCUC Docket E -7, Sub 552, receipt of a copy of which is acknowledged by Grantor. This right -of -way is given to permit the construction of facilities presently proposed. Facilities at other locations and future extensions of presently constructed facilities are not permitted by this agreement. The foregoing notwithstanding, Grantee may relocate its facilities and right -of -way strip over the premises to conform to any future highway or street relocation, widening or improvement.