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aCT i 5 is
<br />U'S- 70 STATE OF NORTH CAROLINA
<br />ROUTE PROJECT CARDENS MOBILE PARK COUNTY OF ORANGE
<br />DEPARTMENT OF TRANSPORTATION
<br />'AND -
<br />CARDENS MOBILE HOME PARK
<br />1306 WALNUT STREET,, CARY, N.C. 27511
<br />-AND-
<br />ORANGE COUNTY
<br />109 COURT ANNEX, HILLSBOROUGH, NC 27278
<br />THREE PARTY RIGHT OF WAY
<br />ENCROACHMENT AGREEMENT ON
<br />PRIMARY AND SECONDARY SYSTEM
<br />THIS AGREEMENT, made and entered into this the I day of 6C.?Dgt ,
<br />by and between the Department.of Transportation, party,of the first part; and
<br />CARDENS MOBILE HOME PARK party
<br />second part; and ORANGE Cd1INTY
<br />party of the third 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 Route , located LO U.S
<br />70 FROM APPROXIMATELY 700 LF WEST OF THE INTERSECTION S.R. 1712
<br />with the construction and /or'erection of 1,694 LF OF 2" PVC FORCE MAIN IN THE U.S.
<br />70 RIGHT -�OF—WAY ON THE NORTH SIDE OF THE +�k'STrB00RlTLF,LQE" T
<br />the
<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; -
<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 e'neroachment'as
<br />Shawn 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 accomplished In e -
<br />eordance with the party of the first part's latest POLICIES AND PROCEDURES ACCONODATING UTILITIES oN H GWAY
<br />-OF -WAY, and such revisions and amendments tiwr• to as may n • so a e e o s agreemen n-
<br />orms on as to these policies and procedures may be obtaLned from the Division Engineer or State Utility Agent Of
<br />the party of the first part.
<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 coadltion 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 cos
<br />incurred for any repairs or maintenance. to its roadways and structures neoamsary due to the Installation and ex
<br />istence of the facilities of the party of the ascond part, and if et any time the party Of the first part shall
<br />require the removal of or ch4m7em in the location of the said facilities that the said party of the second part
<br />binds himself, him successors and assigns, to promptly remove or alter the said facilities, in order to conform
<br />to the said requirement, without any cost to the party of the first part.
<br />That the perky of the second part agrees to provide during construction and any subsequent maintenance prop5r
<br />signs signal lights, flagmen and other warning devices for the protection of traffic in conformance with the latest
<br />tL
<br />,hucL;n_j%i form Trnf to Control Devices for Street■ d Highways and Amendments or Supplements thereto. Infor
<br />mai on an o fhabove ru ei a ana r" a ono may be Ob- aainedfrom the Division Engineer of the party of the fire
<br />part.
<br />That the party of the second part hereby agrees to indemnify and save harmless the party of the first part
<br />from all damages and claims for damage that may area. by reason of the installation and maintenance of thin en=
<br />a roachment.
<br />That the party of the second part agrees to resters all areas disturbed during installation and maintenance
<br />to the satisfaction of the Division Engineer of the party of the first part. The patty of the ■eeond part agree
<br />to exercise every reamonable precaution during construction and maintenance to prevent eroding of soil; milting r
<br />pollution of rivers, streams, lakes reservoirs, other water ixpoundmants, ground surface other property; or
<br />pollution of the air. There shall hs compliance with applicable rules and regulations of the North Carolina
<br />Division of Environmental Nenagament North Carolina SedIn station Control Commission, and with ordinances and
<br />regulationa of various counties, munLtipalitioa and Other official agencies relatinq to pollution prevention and
<br />control. When any instapllallation or maintenance operation disturbs the ground surface and the existing ground cov r,
<br />the eartyfof ion of second Dirisloo s to remove and replace the mad or otherwise reestablish the grams cover to most
<br />Engineer of the patty of the first part.
<br />That the party of the second part agrees to assume the actual coat of any inspection of the work considered to
<br />be necessary by the Division Englnaer Of the party of the first part.
<br />That the party of the second pert agrees to have available at the construction site; at all times during c -
<br />mtruction, a copy of this ,agreement showing ovldence of .approval by the party of the first part. The party of the
<br />first part reserves the right to stop all work unless evidence of approval can be shown.
<br />Provided the work contained in this agreement is being parforswd on a completed highway open to traffic; the
<br />Party of the second part agrees to give'wrltten notice to 'the Division Engineer of the party of the first part
<br />when all work contained herein has been completed. Unless specifically requested by the party of the 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
<br />
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