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<br /> AIM
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<br /> • 05 ELAND-CHEEKS TOWNSHIP STATE OF NORTH CAROLINA
<br /> ROUTE SEE PLANS PROJECT SANITARY SEWER FACILITICOUNTY OF
<br /> DEPARTMENT OF TRANSPORTATION RIGHT OF WAY ENCROACHMENT AGREEMENT
<br /> -AND- PRIMARY AND SECONDARY HIGHWAYS •
<br /> •
<br /> county of Orange
<br /> • lug teat Margaret Lane
<br /> Hillsborough, N.C. 27278
<br /> THIS AGREEMENT, made and entered into this the 13tiday of February r 19 R,
<br /> by and between the Department of Transportation, party of the first part; an
<br /> County of Orange- party of the Second part,
<br /> •
<br /> WITNESSETH:
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<br /> •
<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 plane , located _throughout Town of
<br /> Efland and along Highway 70 to Hills-borough
<br /> with the construction and/or erection of Efland-cheeks Township/sanitary Sewer
<br /> Facilities
<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 volt:
<br /> That the inetalletlan, on»rstiea, tad.sintemacce of the above deccrlb d facility will he he
<br /> eccoupllcd in se-
<br /> wordenes with the party of the [Stet pert".latest pot. E5 PEottIs s- rOk ArODISPOAT1NO UTILITIES alt HIGM/AT
<br /> RI(DITS-OP.WAj end each revision.sect emeedme.te Mama.as ner WI la [feet se the date of title eq ree.ent, In
<br /> ro,.atfea.. to tees policies and pexedst.e may be obtained from the Division Engineer or State Utility Agent of
<br /> the party of the first pert.
<br /> That the geld part,of tAe second pert bind.end obllgetes himself to install and maintain the encroaching
<br /> facility la such oaf.and proper oonditlon that it will not Infest nth or endeader t 1 upon eaid highway. nor
<br /> obstruct not Interfere with the proper Faiatene.e. U. f, to reimburse the party of the first part for the coat
<br /> incurred for any repair.or maintenance to its roadways and etr.cteree n.e.saery dug to the !rate Haitian and ex.
<br /> lctence of the facilities of the party of the ascend pert, end if at any time the party of the flr.t port Own
<br /> require the r.amd of or changes in the location of the said facilities that the mild party or the emend port
<br /> w
<br /> bind'hlnsell, his aaccsore cod seeide', to promptly remove or alter the said f.ellities, lm eider to Conform
<br /> to the acid fegelrsment. witheot ear cunt to the party of the first part.
<br /> That the party of the reeved port agree.to provide Serino construction and any eobs.quent Miotenanee proper
<br /> gigue clonal lights, flat.ei and other warning devices for the protection of traffic in confer.once with the latest
<br /> en to Do f- f Con f 'tees fo Streets and 111 h and A.endseats or Supplement' thereto. idler.
<br /> M on se e a - ..ere, a. - r a tare ma, • -• n.. rim the Division Engineer of the pasty of the first
<br /> part.
<br /> That the party of the. earl part hereby agrees to indemnify and wave horsier. this patty of the first part
<br /> from all damages eel clal.s.fot damage that may arias by reason of the SnetsUlstlos and maintenance of this sa.
<br /> cieenhment.
<br /> That the party of the second part agrees to restore all dlatsrbed during installation and anintenanee
<br /> to the .etlefaction of the Dieleton Erhglneer of the party of the first pert. The party of the second pert egreec
<br /> to exercise every ree.anable precaution daring oonetructlan and maintenance to prevent eroding of soil; ellting or
<br /> pollution of rivers, etreeve, lakes, reservoir*, ether water Impoundsante. ground surfaces or other property; or
<br /> pollution of the air. Thee .hill I.compliance with applicable rule and regelotloee of the north Carolina
<br /> Dl.i.Ion of Enelron.antal x.napermat, North Caroline Sedimentation Control Commission. and with ordinances end
<br /> regalatlon. of verioue eoontlee, .wirlpnlltles and other. 11.1.1 agencies eel to pollution prevention and
<br /> ' control. When any installation or maintenance operation disturbs the ground.efface and the existing ground cover,
<br /> the party of the second pert agree to remove and replace the sod or otherwise reaetabli.h the grew.cover to seat
<br /> the faction of the Di,1.lmo Engineer of the party of the flint poet.
<br /> That She party of the reamed part egress to ew&0Ye iha.clu..l cost of any fnepeetlm of the work eonsIoored to
<br /> to n.c.a.ery by the Division Ergln.er or the petty of the first part.
<br /> That the party of the escoed part ogrson to have available at the conatructlen elte, at al/ tines doting con-
<br /> tfuction s copy of this adree..at showing evidence of approval by the party of the first part. The party of the
<br /> first pert the right to stop ell work unless evidence of approval con be&hoed.
<br /> Provided the work contained In this og t le heing performed on co plelad h:ghwor open to traffic; the
<br /> party of the *.coed part ads.,. to el.. written notice to the (4.1.1,. Engineer of the petty of the flint pert
<br /> when all work contained herein het been completed. Unlwae specifically requested Ly the petty of the first part,
<br /> written cetlee of copietioa of corbel hlghwey project. under construction will not be required.
<br /> That in the case of noncompllane•with the ter..of this ayreem.nt by the party of the second part. the party
<br /> of the first pert right to step all work until the facility has been brought into eaapllence or re.
<br /> moved Iron the right of way at no coat to the party of the first part.
<br /> 11.1. 1l 1s..reel Lf Loth[.vent. ilia (hl. ...meant shall Lefler. void if nelssl eenatruction ai the work
<br /> contemplated Mratn to pet begun'room,ono lit year from the eat.or eartartoetlen by the party or the tint part
<br /> vales,w itten waver 1■&ecurod by it.party of the..cad port fron the party of the first part.
<br /> During the performance of thin contractc the vetoed party, for Itself. Its sesiggneea and successors In in
<br /> (arsinafler referred to a& the -contractor.), agrees no follow*.
<br /> e. C.e,.lience with par lotionet The cantrecter *hall comply with the Regulations relative to nuxltscrinln-
<br /> etar, in federally-a...=r•rogrens of the U. D.parteent of Transportation. Title 19, Code of Fod.rel
<br /> Regaletlene, hart fl, as they say la enuring from tine to tied, thar.ine(ter roterred to ea the kegula-
<br /> tiora), which ors herein incoAporatvd by rofarenc.and Md.•part of this cottioct.
<br /> FORM R/W 16.1 (Rev. July I, 1977) •
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