2014-229 AMS - NCDOT - Agreement to Entry - Mt. Willing Rd. Bridge Construction Efland NC

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County: Orange TIP No: 068SR1120 Parcel No: 068SR1120 003 for the construction of State Highway Project 17BP.7.R.62 . WHEREAS,the Department is authorized by G.S. 136-118 to enter into this agreement without filing the pleadings as set forth in G.S. 136-103. NOW THEREFORE,in consideration of the mutual benefits inuring to all parties to this agreement and in further consideration of the mutual covenants contained herein,the parties to this agreement do hereby agree and consent that the Department,its contractors or agents may enter upon the above described lands for carrying on the work and construction of Project 17BP.7.R.62 in accordance with the plans and specifications on file in its office in Raleigh,North Carolina,and that the Department shall have the same rights for carrying on the work and construction of the project as it would have by filing the pleadings required in North Carolina General Statute 136-103. The Department's right of entry shall be presumed to begin as of the day and year of the entry of this agreement as first above written. The parties hereto agree that the right of entry granted shall not be deemed a trespass on the owners'property and that the OWNERS DO HEREBY EXPRESSLY WAIVE any claims in the nature of an inverse condemnation against the Department, its contractors or agents resulting from its entry pursuant to this agreement. IT IS FURTHER AGREED THAT,the Department shall have this right of entry for the purposes herein stated for the PERIOD COMMENCING WITH THE DATE OF THIS AGREEMENT AND CONTINUING THEREAFTER UNTIL THE DEPARTMENT'S ACCEPTANCE OF THE COMPLETED HIGHWAY PROJECT. IN WITNESS WHEREOF,the parties hereto have set their hands and adopted seals,or if corporate,has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Directors,the day and year first above written. During the aforesaid period,the parties hereto shall continue to negotiate a resolution of the owners' claim for compensation for the property to be acquired for this highway project. In the event the Department determines that such negotiations have reached an impasse,the Department shall give written notice thereof to the Owners and may file appropriate proceedings in the Superior Court to determine just compensation as provided in Article 9, Chapter 136 of the General Statutes of North Carolina. Likewise,the Owners may give written notice to the Department that such negotiations have reached an impasse and request the Department to file appropriate proceedings in the Superior Court to determine just compensation as provided in Article 9, Chapter 136 of the General Statutes of North Carolina. In the event that,as of the date of the acceptance by the Department of the completed highway project,the Department has not filed proceedings pursuant to Article 9,Chapter 136 of the General Statutes or the Owners'claim for just compensation for the property acquired for the highway project has not been otherwise resolved a settlement agreement,the Owners shall have two(2)years following the completion of the highway project in which to proceed to a determination of just compensation in the Superior Court pursuant to Article 9,Chapter 136 of the North Carolina General Statutes. The Owners do hereby agree and consent that no interest shall accrue against the Department during the period of entry set forth herein and do hereby waive any claims for interest except as may be allowed upon any award of just compensation as set forth in Section 136-113 of the North Carolina General Statutes,and in such case, such interest shall accrue only from the date of the filing of proceedings in the Superior Court pursuant to Article 9, Chapter 136 of the North Carolina General Statutes. IN WITNESS WEREOF,the parties hereto have set their hands and adopted seals,or if corporate,has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors,the day and year first above written. ®ti��9ie ` X04 Orange County,a political subdivision of the State of North Carolina 17 52 BY: o &6r- ACCEPTED FOR THE DEPARTMENT OF TRANSPORTATION: