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•
<br /> •,;; STATE OF NORTH CAROLINA
<br /> •
<br /> ROUTE SLi200 PROJECT glow Zndeetzie8 COUNTY OF GUM
<br /> n DEPARTMENT OF TRANSPORTATION • THREE PARTY RIGHT OF WAY
<br /> -AND- ENCROACHMENT AGREEMENT ON
<br /> (,ply PRIMARY AND SECONDARY SYSTEM
<br /> 106 East Margaret Lane
<br /> Ri1lphnrnrig , RC 97778
<br /> .! -AND-
<br /> -
<br /> Town of Hillsboyl. .
<br /> 101 East Orange. Street
<br /> '° Hillsborough, NG 27278 •
<br /> . _ _ - • -
<br /> THIS AGREEMENT, made and entered into this the imapy of April , 19.0
<br /> by and between the Department of Transportation, party of the first part;.and .
<br /> of party of the
<br /> ,71. , Celerity second part; and Tam of 11411.bears-
<br /> • party of the third part,
<br /> •
<br /> W I T N E S S E T H:
<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 qR um , located ap state mad
<br /> 1200$ Hallleay Ph41, Road' off rim eb Highway •
<br /> with the construction and/or erection of sower liar e. 4'-oast iron •
<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 con- -•
<br /> 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;
<br /> 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
<br /> 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 ac-
<br /> cordance with the party of the first part's latest POLICIES AND PROCEDURES FOR ACCOMODATING UTILITIES ON HIGHWAY
<br /> RIGHTS-OF-WAY and such revisions and amendments thereto as may be in effect at the date of this agreement. in-
<br /> formation as to these policies and procedures may be•obtained from the Division Engineer or State Utility Agent of
<br /> the party of the first pert. •
<br /> That the said party of the second part binds and obligates himself to install and maintain the encroaching
<br /> facility in such safe 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 cost
<br /> incurred for any repairs or maintenance to its roadways and structures necessary due to the installation and ex-
<br /> iatence of the facilities of the party of the second part, and if at any time the party of the first part shall.- -
<br /> requirethe removal of or changes in the location of the said facilities that the said party of the secosd•part
<br /> binds himself, his successors and assigns, to promptly remove or alter the said facilities, in order to cgn€orm -
<br /> to the said requirement, without any cost to the party of the first part.. ' --_• '
<br /> That the party-of the second part agrees to provide during construction and any subsequent maintenance proper
<br /> signs signal lights, flagmen and other warning devices for the protection of traffic in conformance•.with the latest
<br /> Manual on Uniform Traffic Control Devices for Streets and Highways and Amendments or Supplements thereto. Infor- .
<br /> ..mhtion ac to the above rules and regulations may be obtained from the Division Engineer of the party of the first
<br /> part.
<br /> •
<br /> That the party of the second part hereby,agrees to indemnify and save harmless the party of the first part
<br /> from alI•damagos and claims for damage that may arise by reason of the installation and maintenance of this en-
<br /> _ _•—csoaehmont. --.. -- _ __�. '' - _,__., _ _--
<br /> That the party of the second part agrees to restore all areas disturbed during installation and maintenance.
<br /> to the satisfaction of the Division Engineer cf the party of the first part. The party of the second part agrees
<br /> to exercise every regeonable precaution during construction and maintenance to prevent eroding of-soil; silting or
<br /> pollution of rivers, streams, lakes. reservoirs, other water impoundments, ground surfaces or other•property;'or
<br /> . pollution of the air. There shall be compliance with applicable rules and regulations of the North Carplipa
<br /> Division of Environmental Management, North Carolina Sedimentation Control Commission and With ordinances end-
<br /> regulations of various counties, municipalities and other official agencies relating to pollution prevention•and
<br /> control. When any installation or maintenance operation disturbs•,the ground surface and the existing ground cover,
<br /> the party of the second part agrees to remove and replace the sod or otherwise reestablia1c the grass cover to,g et
<br /> the satisfaction of the Division Engineer of the party of the•first part. .
<br /> That the party of the second part agrees to assume the actual cost of any inspection;of the work consider@d to
<br /> be necessary by the Division Engineer of the party of the first part. ...i
<br /> That the party of the second part agrees to have available at the construction site, stall times during con-
<br /> . struction, a copy of this agreement showing evidence of approval by the party of the first parts_Tfia-party•of the
<br /> first part reserves the right to atop all work unless evidence of approval can be shown. . •
<br /> Provided the work contained-in thin agreement is being performed on a completed highway open to traffic; the
<br /> party of the second part agrees to give written notice to the Division Engineer of the party of the first part _
<br /> when all work contained herein has been completed. Unless specifically requested by the party of the first part,
<br /> written notice of completion of work on highway projects under construction will not be required.
<br /> • FORM R/W 16.6 •
<br /> Rev. July). 1977
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