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<br />WR No. 1305116 Resp. 5341 Project: CIPINC AND CIPRNC
<br />Drawn By: Christopher D. Brown
<br />Project Description: 106 E. Margaret St. (Courthouse Expansion)
<br />Hillsborough, NC 27278
<br />STATE OF NORTH CAROLINA
<br />COUNTY OF ORANGE
<br />Return Address: Duke Energy Carolinas
<br />Attn: Christopher D. Brown
<br />4412 Hillsborough Rd
<br />Durham, NC 27705
<br />RIGHT OF WAY AGREEMENT
<br />KNOW ALL MEN BY THESE PRESENTS, That Orange County
<br />hereinafter called "Grantor" (whether one or more), in consideration of the sum of One Dollar ($1.00) and other good and valuable
<br />considerations, does hereby grant unto DUKE ENERGY CAROLINAS, LLC, and its successors and assigns, subsidiaries and
<br />divisions, hereinafter called "Grantee," the 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 />Pin#: 9874068114, 9874066106
<br />Tract: 418471, 418470
<br />and over and across said premises within aright-of--way strip (check applicable):
<br />^ having a width of 15 feet on each side of a centerline determined by the centerline of the electrical facilities and/or the lighting
<br />facilities, as installed, to construct, maintain and operate with poles,lighting fixtures, crossarms, wires, guys, anchors, cables,
<br />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 and other
<br />telecommunications services. The following rights are also granted to Grantee: to enter said premises to inspect said lines,
<br />equipment and facilities, to perform maintenance and repairs, and to make alterations and additions thereto, to remove from the
<br />right-of--way strip, now or at any time in the future, trees, structures or other obstructions that may endanger the proper
<br />maintenance and operation of said lines or other facilities or equipment and trees of any species that Grantee determines will grow
<br />at maturity to a height that will endanger the proper maintenance and operation of said lines or other facilities or equipment ; to
<br />trim or remove and to keep trimmed or remove dead, diseased, weak or leaning trees or limbs outside of the right-of--way strip
<br />which, in the opinion of the Grantee, might interfere with or fall upon the electric, lighting, telecommunications or other
<br />communications facilities within the right-of--way strip; and to install guy wires and anchors extending beyond the limits of the
<br />right-of--way strip.
<br />^ having a width of 10 feet on each side of a centerline determined by the centerline of the electrical facilities and/or the lighting
<br />facilities, as installed, to construct, maintain and operate underground lines and conduits with other apparatus and appliances,
<br />either above ground or below ground, to include transformers and service connections, for the purpose of transporting electricity,
<br />providing lighting services and for the communications and telecommunications purposes of Grantee and its licensees. The
<br />following rights are also granted to Grantee: to enter said premises to inspect said lines, equipment and facilities, to perform
<br />maintenance and repairs, and to make alterations and additions thereto; and to clear the land within the right-of--way strip and to
<br />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
<br />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
<br />clear of trees, structures or other obstructions. Grantor, for itself and its successors and assigns, agrees to hold Grantee, its
<br />successors and assigns, harmless for replacement and/or repair of paving, landscaping and fences as a result of future system
<br />maintenance and repair. All underground facilities are to be installed in accordance with the provisions of Grantee's Underground
<br />Distribution Installment Plan, NCUC Docket E-7, Sub 828, receipt of a copy of which is acknowledged by Grantor.
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