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UTE BUSINESS US PROJECT CENTRIAL ORANGE COUNTY OF
<br />HWY. 70 SENIOR CENTER
<br />DEPARTMENT OF TRANSPORTA710N
<br />-AND-
<br />ORANGE000NTY
<br />NORTH CAROLINA
<br />STATE OF NORTH CAROLINA ~ -~
<br />ORANGE
<br />THREE PARTY RIGH7 OF WAY
<br />ENCROACHMENT AGREEMENT ON
<br />PRIMARY AND SECONDARY SYSTEM
<br />-AND-
<br />. ,
<br />TOWN OF HILLSBOROUGH
<br />NORTH CAROLINA
<br />THiS AGREEMENT, made and entered into this the 26 day of OCT , 20 07 , by and between the Department
<br />Transportation, party of the first part; and ORANGE COUNTY, NORTH CAROLINA
<br />party of the second part; and TOWN OF HILLSBOROUGH, NORTH
<br />CAROLINA
<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 />toute(s) BUSINESS US H1NY. 70 ,located APPROX. 3/4 OF A MILE NORTH WEST FROM
<br />'HE INTERSECTION OF LAWRENCE ROAD AND BUSINESS US HWY. 70
<br />vith the construction and/ar erection of: A 5 FOOT WIDE CONCRETE SIDE WALK , 490 L.F. +!- ,ON THE SOUTH SIDE.OF
<br />3USINESS US HWY. 70 ,LIMITED TO THE EAST BY THE SOUTH EAST PROPERTY BOUNDRY AND LIMITED TO THE
<br />NEST BY MEADOWLAND DRIVE.
<br />WHEREAS, it is to the material advantage of the party of the second part to effect this encroachment, and the.party of
<br />:he first part in the exercise of authority conferred upon it by statute, is willing io permit the encroachment within the limits of the
<br />•ight 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 installatibn, 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 ACCOMIJ~ODATING UTILITIES O1J 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 fo 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 fdr 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 shalt
<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 Hiohwavs 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 Grst. "
<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 ahd maintenance of this encroachment.
<br />That the party of the second part agrees to restore alt areas disturbed during installation and maintenance to the satisfaction of the
<br />Division Engineer of the party of the first part. The party of the second part agrees to exercise every reasonable precaution during
<br />construction and maintenance to prevent eroding of soil; silting or pollution of rivers, streams, takes, reservoirs, other water
<br />impoundments, ground surfaces or other property; or pollution of the air. There shat! be compliance with applicable rules and regulations
<br />of the North Carolina Division of Environmental Management, North Carolina Sedimentation Control Commission, and with ordinances
<br />and regulations of various counties, municipalities and otherofficiai agencies relating to pollution prevention.and control. When any
<br />installation or maintenance operation disturbs the ground surface and existing ground cover, the party of the second part agrees to
<br />remove and replace the sod or otherwise reestablish the grass cover to meet the satisfaction of the Division Engineer of the party of the
<br />first part.
<br />That the party of the second part agrees to assume the actual cost of any inspection of the work considered to be necessary by the
<br />Division Engineer of the party of the first part.
<br />That the party of the second part agrees to have available at the construction site, at all times during construction, a copy of this
<br />agreement showing evidence of approval by the party of the first part. The party of the first pact reserves the right to stop all work unless
<br />evidence of approval can be shown.
<br />Provided the work contained in this agreement is being performed on a completed highway open to traffic; the party of the second part
<br />agrees to give written notice to the Division Engineer of the party of the first part when all work contained herein has been completed.
<br />Unless specifically requested by the party of the first part, written notice of completion of work on highway projects under construction will
<br />not be required.
<br />That In the case of noncompliance with the terms of this agreement by the party of the second part, the party of the first part reserves
<br />the right to stop all work until the facility has been brought info compliance or removed from the right of way at no cost to the party of the
<br />first part.
<br />That it is agreed by both parties that this agreement shall become void if actual construction of the work contemplated herein is not
<br />FORM R/W 16.6
<br />Rev. July 1, 1977
<br />
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