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STATE OF NORTH CAROLINA
<br /> ROUTE U.S. Highway 70' PROJECT HancaC.Sewer Extension COUNTY OF Orange
<br /> DEPARTMENT OF TRANSPORTATION THREE PARTY RIGHT OF WAY
<br /> •
<br /> -AND- ENCROACHMENT AGREEMENT ON
<br /> Hancor,• Inc. PRIMARY AND SECONDARY SYSTEM-7 t
<br /> - P.O. Box 1047, Findlay, OH 45839
<br /> -AND- ,
<br /> Orange County
<br /> P.O. Box 8181
<br /> Hillsborough, NC 27278 ••
<br /> THIS AGREEMENT, made and entered into this the lOthday of February l9y ,
<br /> by and between the Department of Transportation, party of the first part; and
<br /> Rancor, Inc. partyrty 1 e
<br /> second part; and . Orar e County
<br /> party of the third part,
<br /> 4.
<br /> 'WI TNE' SSETH:
<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 U.S. Highway 70, located
<br /> 0.5 miles east of SR 1114
<br /> with the construction and/or ere Lion of sanitary sewer main as Slown ,on the
<br /> attached plans 6-527,C- Z/)
<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;
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<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 eecom li.hed in cc-
<br /> , =-.:.. cordance with the party of the first part's latest POLICIES AND PROCEDURES FOR ACCOMODAT1NG UTILITIES ON HIGHWAY
<br /> RIGHTS-0F.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 structure■ necessary due to the installation and es-
<br /> lstence of the facilities of the party of the second part, and if at any time the
<br /> party
<br /> require the removal of or changes in the location of the said facilities that thesai e first
<br /> partyofthe se shall
<br /> second part
<br /> binds hlmeslf, his successors and assigns, to promptly remove or alter ti,e said facilities, in order to conform
<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 eubsequent maintenance proper
<br /> sign■, 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 Street, and Highways and Amendment. or Supplements thereto, Infer-
<br /> - nation as to the above rules and regulations may be obtained from the Division Engineer of the party of the first
<br /> part.
<br /> That the party of the second part hereby agrees to indemnify and rave harmless the party of the first part
<br /> fro• all damages and claims for damage that may arise by reason of the installation and maintenance of this en.
<br /> croachment.
<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 of the party of the first part. The party of the second part•agrees
<br /> to exercise every reasonable precaution during construction and maintenance to prevent eroding of soil; milting or
<br /> pollution of rivers, streams, lakes reservoirs, other water impoundments, round pollution of the air. There shall 6e be with applicable rules and regullationsaofsthe North Carolina' or
<br /> Division of Environmental Management, North Carolina Sedimentation Control Commission, and with ordinance■ and
<br /> regulations anylinstallation,or maaintenancesoperationrdisturbsltheagroundrsurface and theuexistingvground cover,
<br /> the party of the second part agrees to remove and replace the sod or otherwise reestablish the grass cover to most
<br /> the satisfaction of the Division Engineer of the pasty of the first part.
<br /> That the party of the second part agree. to esmume the actual cost of any inspection\of the work considered to
<br /> be necessary by the Division Engineer of the party of the first part.
<br /> That the party of the second part agrees to have available at the construction site, at all times during con-
<br /> -- '-'.:: -.. struction, a copy of this agreement showing evidence of approval by the party of the first part. The party of the
<br /> first part reserves the right to stop all work unions evidence of approval can be shown.
<br /> Provided the work contained in this agreement is being performed on a completed highway ope to traffic; the
<br /> party of the second part agrees to give written notice to the Division Engineer of the party of t e first part
<br /> when all work contained herein has been completed. Unless specifically requested by the party of he 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 1 , 1977
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