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STATE OF NORTH CAROLINA
<br />JTE S.R. 1009 PROJECT ORANGE JUSTICE COUNTY OF ORANGE
<br />EXPANSION
<br />DEPARTMENT OF TRANSPORTATION
<br />AND _
<br />~~ yJ i' L.t.'.... -J~~ C--G'~~~'N i~tifw
<br />~'` `~.-
<br />-AND-
<br />TO\NN OF HILLSBOROUGH UTILITIES
<br />THREE PARTY RIGHT OF WAY
<br />ENCROACHMENT AGREEMENT ON
<br />PRIMARY AND SECONDARY SYSTEM
<br />THIS AGREEIv1ENT, made and entered into this the 20 day of AUG , 20 07 , by and between the Department
<br />Transportation, party of the first part; and _
<br />party of the second part; and TOWN OF HILLSBOPOUGH
<br />~~ , _,.,~r,,~ L~~.. ~t G-r.;z.: +~.~ner;~ UTILITIES
<br />party of the third part,
<br />WITNESSETH
<br />THAT t.NHEREAS, the party of the second part desires to encroach on the right of way of the public road designated as
<br />>ute(s) S.R. 1009 ,located APPROXIMATELY 255 L.F. +/-NORTH
<br />20P.1 THE NORTH END OF BRIDGE CROSSING THE ENO RIVER
<br />th the construction and/or erection of: AN 8" DIAMETER WATER LINE WITH CASING, TRANSVERSING
<br />HURTON STREETS R 1009)
<br />t~lHEREAS, it is to the material advantage of the party of the second part to effect this encroachment, and the party of
<br />~e first part in the exercise of authority conferred upon it by statute, is willing to permit the encroachment within the limits of the
<br />ght 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 />nd privilege to make this encroachment as shown on attached plan sheet(s), specifications and special provisions which are
<br />lade 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 pan's latest POLICIES ANO PROCEDURES FOR ACCOPAIv10DATING UTILITIES ON HIGHWAY RIGHTS-OF-UlAI', 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 parry 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 eristence 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 io 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 Hiohways 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 />That the party of the second part agrees to restore all 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, lakes, reservoirs, other water
<br />impoundments, ground surfaces or other property; or pollution of the air. There shall be compliance with applicable rules and regulations
<br />of the tJorth Carolina Division of Environmental tvtanagement, North Carolina Sedimentation Control Commission, and with ordinances
<br />and regulations of various counties, municipalities and other official 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 worl< considered to he 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 ,his
<br />agreement sho~rring evidence of approval by the party of the first part. The party of the first part reserves the right to stop all wor'r, unless
<br />evidence of approval can be shown.
<br />Provided the v.~or'r, contained in this agreement is being performed on a completed highway open to traffic; the party of the second part
<br />agrees to Dive e:ritten notice to the Division Engineer of the party of the first part when all v:ork contained herein has been completed.
<br />UNess specifically requested by the party of the first part, :written notice of completion of wor'~c on high:vay projects under construction will
<br />not be required.
<br />That in the case of noncompliance v/ith the terms of this agreement by the party of the second part, the party of the first part resen~es
<br />the right to stop all work until the facility has been brought into 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
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