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<br /> 08Z-.
<br /> STATE OF NORTH CAROLINA
<br /> ROUTE PROJECT Amor Industries COUNTY OF Orange
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<br /> DEPARTMENT OF TRANSPORTATION THREE PARTY RIGHT OF WAY
<br /> -AND- ENCROACHMENT AGREEMENT ON
<br /> County of Orange PRIMARY AND SECONDARY SYSTEM
<br /> r•; -AND-
<br /> Some of Hillsboro
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<br /> THIS AGREEMENT, made and entered into this the ,stay of _ April , 19.85
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<br /> by and between the Department of Transportation, party of the first part; and
<br /> County of Orange - - •party of the
<br /> second part; and Toss of na3tsshore
<br /> party of the third part,
<br /> WITNESSETH:
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<br /> THAT WHEREAS, the party of the second part desires to encroach on the right of
<br /> way of the public road designated as Route , located on Stott Bond
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<br /> with the construction and or erection of spoor line - 4" cant iron •
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<br /> WHEREAS, it is to the material advantage of the party of the second part to effect
<br /> this encroachment, and the party of the first part, in the exercise of authority ton-
<br /> g ferred upon it by statute, is willing to permit the encroachment within the limits of
<br /> the right of way as indicated, subject to the conditions of this agreement;
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<br /> rf NOW, THEREFORE, IT IS AGREED that the party of the first part hereby grants to
<br /> the;.party of the second part the right and privilege to make this encroachment as
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<br /> shown on attached plan sheet (s), specifications, and special provisions which are
<br /> Gr made;a part hereof upon the following conditions, to wit:
<br /> 'That the installation, operation, and maintenance of the above dencribed facility will be accomplished in a,
<br /> cordance with the party of the first part's latest POLICIRA AND PROCEDURES FOR ACCIE)DAATING UTILITIF,S ON HIGHNAAY
<br /> { RIGHiS.DF-WAY, and such reclaim=and a i,dmate thereto ae may be in street at the data or this agreement, in.
<br /> formation an to these polictee and procedure*may be obtained from the Division Engineer or State Utility Agent of
<br /> the party of the filet part. nee '•
<br /> That the maid party of the second part binds and obligate,'himself to Install and maintain the encroaching
<br /> facility in such cafe and proper condition that it will not interfere with or endanger travel upon said highway, nor
<br /> obstruct nor interfere with the proper maintenance thereof, to reimburse the party of the first part for the coot
<br /> incurred for any repaite or maintenance to its roadways and etractures necessary due to the installation and ex-
<br /> ietenco 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 paid party of the aeeohd part
<br /> binds himself, hie eucceeeore and assigns, to promptly remove or alter the aald feeilltirs, in order to cohform
<br /> to the void requirement, without any coat to the party of the first part.
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<br /> That the party-of the second part agrees to provide during construction and any eubsaquent MOlntenance proper
<br /> signs signal lights, flagmen and other warning devices for the protection of traffic in conformance with the latest
<br /> Manua.on Uniform Traffic Control Device, for 5treete and Hi•hwaye and Amendments or Supplements thereto. Infer.
<br /> -cation ac-to the above ruTna ea-regulations may be obtained from the Division Engineer of the party of the firot
<br /> Part. .
<br /> • That the party of the second part hereby agrees to indemnify and nave hermleee the party of the first part
<br /> from all damage,'and claim for damage that may aria,by reason of the installation and maintenance of thie on-
<br /> croachment_
<br /> That the party of the second part agrees to restore all areas disturbed during installation and maintenance
<br /> to the eatiefeotioa of the Divieion Engineer of the party of the First part. The party of the ascend
<br /> to ererciee every reasonable precaution during cooetruetioh and maintenance to prevent eroding of nail;aeiltiinig or
<br /> pollution of rivers, streams, lake,. reservoira, other water impoundments, ground eurfneee or other property; or
<br /> pollution of the air. There shall be compliance with applicable rules and regulations of the North Carolina
<br /> Division of Environmental Management. North Carolina Sedimentation Control Commission, and with ordinances and
<br /> regulation,of various counties, municipalities and other official agencise relating to pollution prevention•and
<br /> thetppaarty ofeth eccond p�art tiagreesmto remove and replace theunod•oreotthheerrwise reeotebliethe the gra ground t cover,
<br /> the eatiefaction of the Division Engineer of the party of the First part. grape serer to prat
<br /> That the party of the second part agree'to oceans the actual coat of any inepectioh of the work eo aideied to
<br /> be neceeeery by the Division Engineer of the party of the fleet part. �.• .
<br /> That the party of the second part ogreee to have available at the conatructton site, at.all times during con..
<br /> 'traction, a copy of this agreement showing evidence of approval by the party of the first part. The party of the
<br /> first part reserves the right to stop all work unlea,evidence of approval can be shown. ••r'r
<br /> Provided the work contained in this agreement in being performed on a completed highway open to traffic; the
<br /> partyaof thek cond part haagrreee hto give written notice to the Division Engineer of the party of the first part
<br /> water,notice of completion of work on highwayep. Unless deracoOOtlly roquwilldot the party of the first part,
<br /> y project,under construction will not be rsgnired,
<br /> FORM R/W 16.6
<br /> Rev. July I. 1977
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