Agenda - 03-08-1993 - III-E - Laserfiche WebLink

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STATE OF NORTH CAROLINA ROUTE U.S. Highway 70 PROJECT Hancor_.Sewer Extension COUNTY OF Orange 3 DEPARTMENT OF TRANSPORTATION THREE PARTY RIGHT OF WAY -AND- ENCROACHMENT AGREEMENT ON Hancor,- Inc. PRIMARY AND SECONDARY SYSTEH P.O. Box 1047, Findlay,_ OH 45839 -AND- Orange County THIS AGREEMENT, made and entered into this the 10thday of February i993, by and between the Department of Transportation, party of the first part; and Hancor, Inc. party of second part; and Orange County party of the third part, 'WITNESSETH: THAT WHEREAS, the party of the second part desires to encroach on the right of way of the public road designated as Route U.S. Highway 70, located 0.5 miles east of SR 1114 with the construction and or erection of sans ary sewer main as sown on the attached plans WHEREAS, it is to the material advantage of the party of the second part to effect this encroachment, and the party of the first part, in the exercise of authority con- ferred upon it by statute, is witting to permit the encroachment within the limits of the right of way as indicated, subject to the conditions of this agreement; NOW, THEREFORE, IT IS AGREED that the party of the first part hereby grants to the party-of the second part the right and privilege to make this encroachment as shown on attached plan sheet (s), specifications, and special provisions which are made a part hereof upon the following conditions, to wit: That the installation, operation, and saintenence of the above described facility will be accomplished in ►e• RIGHTS-■ with the party of the first pert ■ latent POLICIES AND PROCEDURES FOR ACCOMODATINC UTILITIES ON HIC1fifAY RIGHTS-OF-WAY, and such revisions end amendment■ thereto ns may n • ee a e • o • egreemen n- orme on as to thus pollt.a end procedures may be obtained from the Dlvislon Engineer or State Utility Agent of the party of the fist part. , That to said party of the second part binds and obligates himself to install and maintain the encroaching facility Sn such safe and proper eonditlon that it will not interfere with or endanger travel upon raid highway, nor obstruct nor interfere with the proper maintenance thereof, to reimburse the party of the first part for the cost incurred for any repe lre or maintenance to its roadways and structures necessary due to the in anQ ez- require of the tvallitl■e of the party of the aacond part, and it at any time the party of the first part shall require the removal of or changes in the Location of the said facilities, that the ■e!d petty of the second pert hind■ himself, his successors with and assigns, to promptly remove or niter the said facilities, in order to conform to the said requirement, without any cost to the party of the first part. That the party of the second part agrees to signs signal lights, flagmen and other warning devicesefor zthe protection vofatraffic insconformancetwithetherlatest Manuel on Uniform Tref !c Control Devices for streets and Hi hoe s and Amendments or Supplements thereto. Infoi- ma on es o e a ve rules en rage a ions may o e ne tom the Division Engineer of the party of the first part. That the party of the second part hereby agree to indemnity and save harmlus the party of the first part Iron all damages and claims for damage that may arise by reason of the installation and maintenance of this en- croachment. That th'a party of the second part Engineer to restore all dress disturbed during installation and maintenance to the antistaction of the Division Engineer of the party of the first part. The party of the second "4o exercise every reasonable precaution during construction and maintenance to QQ pollution of rivers, strseme, lakes reservoirs, other venter impoundments, prevent eroding of *oil silting or pollution of the air. There shall is compliance with applicable rules end ragulatlonsaofstor North property; or Division of Environmental counties, North Carolina Sedimentation Control Commission, and with ordinances and controllonxhen anylinstal ation�or nicipalitiesoperntlOther dofficial tagencies surface and the ezistin g e pollution prevention and the Adtiafection of the Part ivision Engineermofethed replace the sod or otherwise reestablish the grass covernt cmeet� Party of the first part. That the party of the second part agree to arsume the actual east of any inspection of be necessary by the Division Engineer of the party of the first part. the work considered to That the party of the second pert agree evi truction, a copy of this agreement showing to dence have available of approval at by the th construction site, at all times during con. s party of the first part. The party of the first part reserve* the right to stop all work unless evidence of approe val can be shown. Provided the work contained in this agreement is being parfarmed on a completed highway open to traffic; the Party of the ♦acond part agrees to gars written notice to the Division Engineer of the party of the first part when all work contained herein has been completed. Unloa •Pacifically requested by the party of the first part, written notice of completion of work on highway projects under construction will not be required. FORM R/W 16.6 Rev. July i . 1977