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156 STATE OP NORTH CAROLINA
<br />ROUTE ALL INTERSECTIONS PROJECT COUNTY OF ORANGE
<br />DEPARTMENT OF TRANSPORTATION
<br />COUNTY OF ORANGE
<br />106 E. MARGARET LANE
<br />HILLSBOROUGH, N.C. 27278
<br />RIGHT OF WAY ENCROACHMENT AGREEMENT
<br />FOR NON- UTILITY ENCROACHMENTS ON
<br />PRIMARY AND SECONDARY HIGHWAYS
<br />THIS AGREEMENT, made and entered into this the 9th day of June , 1981,
<br />by and between the Department of Transportation, party of the first part; and
<br />THE 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
<br />way of the public road designated as RHHSa ALL ROADS, located _ IN THE
<br />-UNINCORPORATED AREAS OF THE COUNTY With the
<br />following: _ STREET SIGNS
<br />WHEREAS, it is to the material advantage of the party of the second partito
<br />effect this encroachment, and the party of,the first part in the exercise of author-
<br />ity conferred upon it by statute, is willing to permit the encroachment within the
<br />limits of the right of way as indicated, subject to the conditions of this agree-
<br />ment;
<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 />r.,acie a part hereof upon the following conditions, to wit:
<br />'fiat the said party of the second part binds and obligates himself to Install aW maintain the en e.acbing facility
<br />nch vain and Denser a unlitton than it uIll not interfere .tell or .ndnn,vr [ravel vp.A sold highway, an Abstract nor
<br />interfere with the proper maintenance thereof, to relabutae the party, of the first part for the coat incurred for any
<br />repairo- or nu IAt n..nA to Lt. rendwoya and otructuren antennae, due to the Installation and existence of the facilities '
<br />of the party of the second part, and If At any tine the party of the first part shell require the removal of or changes
<br />In the location of the said faeilillev, that the said pare, of the needed part bind. him .1f, his a and am lCna.
<br />to pcovptty moose o alter the oald facilities, fn order to confomtto the said requirement, without any cost to the
<br />Pat,, of the time Penn.
<br />That the party of the second part agree. to provide duels& construction and any subsequent mslntevnce proper
<br />.%.u, .1µ0.1 li,hes, ft.,.. add that ..rate, device. for the protection of traffic I. Alefomann. with the latest
<br />Manual on Un t Cam Tra ft to Control Den iota for Street. and DSphvavo and Mendmen is or Supplements thereto. In toms ties
<br />all to the been rules and re &nlationn my a obtained (*w the Division CaCtnmr of the party of the first parr.
<br />That the party of the second part hereby agrees is indemnify and save hamleas the party of the first port ftw .11
<br />dsuges and dialoe for damage that may arise by reason of .he installation and maintenance of this encroachment.
<br />It is street, understood by the pnrty of the second par[ that the party of the (trot part Of 11 an. va no rvdp*n.
<br />.Iblllty fur any damnµ. that may he a need to such facilities, within die hlRhuny dNbtm of way limit., to carrying out
<br />Lt. dd.lr.rt LOn d.d ra Intmmncn opvedtions.
<br />That the party of the a and part agreed to [encore all a o disturbed delta, to.tallatlon and ..Lord..... to the
<br />..'Let art ion of the Dtvislot Engineer of the party of the first part. the party of the second part agreed to a rcint
<br />very reasonable precaution during construction and malntenasco to prevent studio& of ..Lt; ail sing or pollution of
<br />*Lent..tetri,an.. Akee, raze molra. other water impoundments, ground aurfaces or other property; or pollution of the
<br />air. Tare shall be compliance still applirnbla rule* and regulations of the North Caroline Division of Environmental
<br />Management, llorth Carolina Sedimentation Control Conmi.sion, end with ordinance. and regulation. of various A .... I..,
<br />municipalities and other A(ClO1.1 dgend vA relating to pollution prevention and control. When any Installation or
<br />maintenance operation disturbs the ground auetace and the existing ground c c , the party of the second part agreed to
<br />re-ovd And replace the mod or oehereiaa emestebiteh the grass comer to aeet the eatlafattton of the Division Engineer of
<br />th- per ty of the first Part.
<br />net the party of the second part agreed to aeaum the actual coat of any Inspection of the work mnoWerad to be
<br />veceavnry by the Division Engineer of the party of the ftmt part. a
<br />That the party of the accomel part Agrees to have ova Liable at he e n r nch Mg .Its, .1 ail it... du [fag cunstmc-
<br />11nn, a copy of thin agreeacnt ahowinb evldenca at approval by the Party of the first pert. Ilia party of the first part
<br />reu,reca the right to atop all worV. vulesu evidence of approval call be shown•
<br />Provided ill. work eontatned la tlife a, etmant in being performed on a completed highway open to traffic; the party
<br />of tho a [ oud part vyrcu. to &led wrillen duties to the NOi.lon f.ltncer of the party of the [fret part when All work
<br />eaatntncd hard" has best easplstm. Unless specifically requrnud by the party of the ffrnt part. written notice of
<br />ampicttua of work on highway proj Airs under codatenetio. will net be en,.1rN.
<br />Timc in the coat of nancwpt Wncd with the tame of this agreement by the party of the around part, the Party of
<br />the first pare reueeves the right to stop all work until the facility had been brought Into ewpblaned or removed few
<br />the rlght of way At no ease to the party of the tiro[ poet.
<br />That it to agreed by both partle. that this agreement shall became void It actual construction of the work cod -
<br />tee'latol islet. Le Out begun uRhtn one (1) year troll the data of authorization by the party of the first part unless
<br />written waiver Is secured by the putty of the second part from the party of the first part.
<br />FORM P. /W 16,1A (January, 1981)
<br />oLY�Esry � �'
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