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<br /> 02e,
<br /> EFIAND-CHEEKS TOWNSHIP STATE OF NORTH CAROLINA
<br /> ROUTE SEE PLANS PROJECT SANITARY SEWER FACILITIT,»UNTY OF ORAL
<br /> DEPARTMENT OF TRANSPORTATION RIGHT OF WAY ENCROACHMENT AGREEMENT
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<br /> -AND- PRIMARY AND SECONDARY HIGHWAYS
<br /> County of Orange
<br /> JUa kart Margaret Lane
<br /> Hillsborough, N.C.. 27278
<br /> THIS AGREEMENT, made and entered into this the day of , 19
<br /> by and between the Department of Transportation, party of the first part; an
<br /> County of Orange party of the second part,
<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 way
<br /> of the public road designated as Route see plans , located throughout of
<br /> Sfland and along Highway 70 to Hillsborough
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<br /> with the construction and/or erection of Efland-Cheeks Township/Sanitary Sewer
<br /> Facilities
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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 conferred
<br /> upon it by statute, is willing to permit the encroachment within the limits of the right
<br /> 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
<br /> party of the second part the right and privilege to make this encroachment as shown on
<br /> attached plan sheet (s), specifications and special provisions which are made a part
<br /> hereof upon the following conditions, to wit:
<br /> That the installation, operatics, and eainteeace•of the above described facility will he accomplished in ac-
<br /> cordance with the LITIiS ON HIGHWAY
<br /> Pouch of the first Part's latest ereto as AND beOin effect t0a�et i
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<br /> ale-WAY, and such revisions and omettdmaste thereto as may be 1n•tt.ct at • t•of this agreement. In-
<br /> - tion a■to these policies and procedures may be obtained from the Division Engineer or State Utility Agent of
<br /> the party of the first part.
<br /> That the raid party of the second part blade and obligates himself to install end maintain the encroaching
<br /> facility in each 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 pert for the coat
<br /> incurred for any repairs or maintenance to its roadways and structures necessary due to the installation and ex.
<br /> intense of the facilities of the party of the aeeend part, and if at any time the party of the firet part shall
<br /> regaire the removal of or changes in the location of the said facilities, that the said party of the e•cond part
<br /> btnda himself, his eucceseore and assigns, to promptly remove or alter the said facilities, in order to conform
<br /> to the maid requirement, without any cat to the party of the first part.
<br /> That the party of the ascend part agrees to provide during construction and any eubaequent maintonence proper
<br /> sign stigma light., fleece,. and other warning dovieee for the protection of traffic in conformance with the latest
<br /> Manual an Uniform Traffic Control Devisee for Streets and Highways and Amendments or Supplements thereto. Infor.
<br /> nation a. to the above rules and regulation may be obtained from the Division Engineer of the party of the first •
<br /> part. •
<br /> That the party of the second part hereby agree, to indemnify and save harmleee the party of the first part
<br /> free all damages and claims for damage that may arise by reason of the inet4tletien and maintenance of this en-
<br /> croachment.
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<br /> That the party of the aacond part agrees to restore all areae dleturbed during installation and maintenance
<br /> to the satisfaction of the Division Engineer of the petty of the first part. The party of the second part agrees
<br /> to eserciee every reasonable precaution during conetruetian and maintenance to prevent eroding of coil; milting or
<br /> pollution of rivers, etreane, ln):,., reeervoire, other water impoundeente, ground surfaces or other property; or
<br /> pollution of the air. There shall he compliance with applicable rule. and regulations of the North Ctroline
<br /> Di..viaion of Environmental Nenager,ent, North Carolina Sedimentation Control Commission, and with ordinances and
<br /> regulation, of various. counttae, 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 /> Om party of the second part agree, to remove and replace the sod or otherwise reeetablieh the grace cover to meet
<br /> the antic/action of the bivision Engineer of the party of the first pert.
<br /> That the party of the second pert agrees to accuse the ectu.,l cent of any inepection of the work eonsioerea to
<br /> be necessary by the Division Engineer of the party of the first pert.
<br /> That the party of the second part agrees to have available at the ton.tructlon site, at all timte during con-
<br /> etruction, a copy of thin agreement showing evidence of approval by the party of the first part. The party of the
<br /> firet pert reserves the right to stop ell were unless 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
<br /> party of the second part agree, to give written notice to the Division Engineer of the party of the fleet part
<br /> when all work contained herein hoe been completed. Unless specifically requested by the party of the first part,
<br /> written notice of completion of work on highway project, wider construction will not be required.
<br /> That in the came of noncompliance with the terms of thin agreement by the party of the second part, rho party
<br /> of the fleet part teservee the right to stop all wort until the facility hem been brought into compliance or re.
<br /> moved from the right of way at no coat to the party of the flint part.
<br /> Tiwt it is wytee6.It Loth parties th..t thie agrreeen: void if eetuai contraction wf the work
<br /> contompi,tee rorcin it net megun warm,. one (1) year rraq the Bate or authorisation by the party or the met pert
<br /> unitise written waiver is secured by the party of the second part from the party of the fleet part.
<br /> Dying the performance of this contract the canon party, for itself, its seeigneen and euceoesore in intercet
<br /> (hereinafter referred to as the econtra:tor^J, agrees me follower
<br /> j '..... a. Cerpll.,nce with Pei,iatlr.aa; .r coote,etur shell eor.ply with the Pe.ulatlons relative to ncr.Clscrimtn.
<br /> ',..... t.,r. to :-.:.w ..tai- +aui proryr..-a of the U. L. Deportment of Transportation, Title t9, Code of Federal
<br /> kegulations, part 21, as they racy be yenned from tire to tine, (hereinafter referred to an the F.egula-
<br /> ticn.), which are herein incorporated Ly reference and made a part of thin contract.
<br /> FORM R/W 16.! (R-v. July 1, 1977)
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