Orange County NC Website
Browse       Search
5 <br /> ATTACHMENT 3 <br /> STATE OF NORTH CAROLINA <br /> ROUTE SR 1727 (Eubanks PROJECT Eubanks Road COUNTY OF Orange <br /> Road) Convenience Center <br /> Expansion Project <br /> DEPARTMENT OF TRANSPORTATION THREE PARTY RIGHT OF WAY <br /> -AND- ENCROACHMENT AGREEMENT ON <br /> Orange County PRIMARY AND SECONDARY SYSTEM <br /> -AND- <br /> Orange Water and Sewer Authority <br /> THIS AGREEMENT, made and entered into this the 16th day of Jun , 20 15 by and between the Department <br /> e <br /> of Transportation, party of the first part; and Orange County <br /> party of the second part; and Orange Water and Sewer Authority <br /> party of the third part, <br /> WITNESSETH <br /> THAT WHEREAS, the party of the second part desires to encroach on the right of way of the public road designated as <br /> Route(s) 1727 (Eubanks Road) located In Chapel Hill 1.1 miles west of the intersection of <br /> SR 1727 and 86 <br /> with the construction and/or erection of: a 16" diameter public water main to be extend approximately 1326 feet to the west <br /> from the current end location located in close proximity to the Animal Shelter. <br /> WHEREAS, it is to the material advantage of the party of the second part to effect this encroachment, and the party of <br /> the first part in the exercise of authority conferred upon it by statute, is willing to permit the encroachment within the limits of the <br /> right of way as indicated, subject to the conditions of this agreement; <br /> NOW, THEREFORE, IT IS AGREED that the party of the first part hereby grants to the party of the second part the right <br /> and privilege to make this encroachment as shown on attached plan sheet(s), specifications and special provisions which are <br /> made a part hereof upon the following conditions, to wit: <br /> That the installation, operation, and maintenance of the above described facility will be accomplished in accordance with the party of <br /> the first part's latest POLICIES AND PROCEDURES FOR ACCOMMODATING UTILITIES ON HIGHWAY RIGHTS-OF-WAY, and such <br /> revisions and amendments thereto as may be in effect at the date of this agreement. Information as to these policies and procedures <br /> may be obtained from the Division Engineer or State Utility Agent of the party of the first part. <br /> That the said party of the second part binds and obligates himself to install and maintain the encroaching facility in such safe and proper <br /> condition that it will not interfere with or endanger travel upon said highway, nor obstruct nor interfere with the proper maintenance <br /> thereof,to reimburse the party of the first part for the cost incurred for any repairs or maintenance to its roadways and structures <br /> necessary due to installation and existence of the facilities of the party of the second part, and if at any time the party of the first part shall <br /> require the removal of or changes in the location of the said facilities,that the said party of the second part binds himself, his successors <br /> and assigns,to promptly remove or alter the said facilities, in order to conform to the said requirement,without any cost to the party of the <br /> first part. <br /> That the party of the second part agrees to provide during construction and any subsequent maintenance proper signs,signal lights, <br /> flagmen and other warning devices for the protection of traffic in conformance with the latest Manual on Uniform Traffic Control Devices <br /> for Streets and Highways and Amendments or Supplements thereto. Information as to the above rules and regulations may be obtained <br /> from the Division Engineer of the party of the first. <br /> That the party of the second part hereby agrees to indemnify and save harmless the party of the first part from all damages and <br /> claims for damage that may arise by reason of the installation and maintenance of this encroachment. <br /> FORM RAN 16.6 <br /> Rev. July 1, 1977 <br />