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<br /> I2�11ID71S00094370D iJ$ 20110715000143700 R/W
<br /> Bk:RB5188 Pg:372
<br /> 07/15/2011 11:34:36 AM 1/3
<br /> WRNo. � ��3/_ Resp. Project _ Return Address: Duke Energy Carolinas
<br /> Drawn By: AEI Attn: Steve Small --
<br /> Project Description: LTNC Orange County Landfill Gas Project !l
<br /> STATE OF NORTH CAROLINA RIGHT OF WAY AGREEMENT —vie?
<br /> COUNTY OF ORANGE
<br /> KNOW ALL MEN BY THESE PRESENTS, That the Orange County 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
<br /> (hereinafter"premises")situated in said County and State,property described as:
<br /> All of tracts identified as Tracts III and IV recorded at Deed Book 2145 at Pare 500 Orange County Registry(PIN 9870662911)and
<br /> further identified as"South Landfill"on the attached Exhibit A. The location and length of the right of way identified as"South
<br /> Landfill Right of Wav"on Exhibit A are approximate.Field adjustments during construction will be allowed with approval of the
<br /> Orange County Solid Waste Department. A portion of the proposed right of way(around 168 feet)is located on the UNC Chapel Hill
<br /> .Landfill Gas Project Pipeline Easement.
<br /> FILED Deborah B. Brooks
<br /> Register of Deeds, Orange Co,NC
<br /> Recording Fee:
<br /> NC Rea E state TX:
<br /> $.0
<br /> and over and across said premises within a right-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 and/or the
<br /> lighting facilities, as installed, to construct, maintain and operate with poles, lighting fixtures, crossarms, wires, guys, anchors,
<br /> cables,transformers and other apparatus and appliances,overhead lines for the purpose of transporting electricity and/or providing
<br /> lighting services and for the communications purposes of the Grantee and regulated telephone utilities. The following rights are
<br /> also granted to Grautee:,to enter said prerpises.to inspect said lines, equipment and facilities,to perform maintenance and repairs,
<br /> and to make alterations and additiona'thereto, to remove from the right-of-way strip, now or at any time in the future, trees,
<br /> structures or other obstructions that may endanger the proper maintenance and operation of said lines or other facilities or
<br /> equipment and trees of any species that Grantee determines will grow at maturity to a height that,will endanger the proper
<br /> maintenance and operation of said lines or other facilities or equipment ; to trim or remove and to keep trimmed or remove dead,
<br /> diseased, weak or leaning trees or limbs outside of the right-of-way strip which, in the opinion of the Grantee,might interfere with
<br /> or fall upon the electric, lightinb, telecommunications or other communications facilities within the right-of-way strip; and to
<br /> install guy wires and anchors extending beyond the limits of the right-of-way strip.
<br /> having a width of 7.5 feet on each side of a centerline determined by the centerline of the electrical facilities and/or the
<br /> lighting facilities,as installed,to construct,maintain and operate underground lines and conduits with other apparatus and
<br /> appliances;either above ground or below ground,to include transformers and service connections,for the purpose of transporting
<br /> electricity,providing lighting services and for the communications purposes of Grantee. The following rights are also granted to
<br /> Grantee:to enter said premises to inspect said lines,equipment and facilities,to perform maintenance and repairs,and to make
<br /> 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
<br /> obstructions;and to clear that land outside the right-of-way strip within ten feet of the service door of any transformer or cabinet
<br /> 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.
<br /> Grantor,for itself and its successors and assigns,agrees to hold Grantee,its successors and assigns,harmless for replacement
<br /> and/or repair of paving, landscaping and fences as a result of future system maintenance and repair.All underground facilities are
<br /> to be installed in accordance with the provisions of Grantee's Underground Distribution Installment Plan,NCUC Docket E-7,Sub
<br /> 828,receipt of a copy of which is acknowledged by Grantor.
<br /> IRREGULAR FO -
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