Agenda - 08-06-1990 - Laserfiche WebLink

Browse Search

ROUTE U.S. 70 ' STATE OF NORTH CAROLINA PROJECT CARDEN$ MOBILE PARK COUNTY OF.ORANGE DEPARTMENT OF TRANSPORTATION -AND- GARDENS MOBILE HOME PARK 1306 WALNUT STREET, CARY, N.C. 27511 -AND- THREE PARTY RIGHT OF WAY ENCROACHMENT AGREEMENT ON PRIMARY AND SECONDARY SYSTEM THIS AGREEMENT, made and entered into this the day of 19 ^� by and between the Department of Transportation, party,of the first part; and CARDENS MOBILE HOME PARK arty of the second part; and party of the third part, W I T N E S S E T H: THAT WHEREAS, the party of the second part.desires to encroach on the right of way of the public road designated as Route . 2h 7A located 70 FROM APPROXIMATELY 700 LF WEST OF THE INTERSECTION OF S.R. 1712 AN15�13. E7 AND with the construction and /or 'erection of 1,699 LF OF 2" PVC FORC>r Fa:, AIN IN THE U.S. 70 RIGHT -OF -WAY ON THE NORTH SIDE OF TH 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 willing to permit the encroachment within the limits of the right of way as indicated, subject to the conditions of this agreement; NOW, THEREFORE, JT 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 uppn the following conditions, to wit: That the installation, operation, and maintenance of the above described facility will be accomplished in so- eordan-O with the party re the first part's latest POLICIES AND pROCEDlIRES FOk ACCOMODATING UTILITIES ON HIGHWAY RIGH75.On WAY, and such Policies and procedures mma thereto ae may n a ec a • • o e agreemen n- th e� on ae to chess Apart. ■ and procedure• may b* obtained from the Division En ineer or State Utility party of the firer pert, g y Agent of facility That the said party of the second pert binds and obligates himself to install and maintain the encroaching obstruct in such safe and proper proper that it will not Interfere with or endanger travel upon said highway, nor obstruct nor interfere with the proper maintenance thereof, to reimburse the party of the flrat part for the coat incurred for any reppaairs or maintenance to Ito roadways and structures necessary due to the installation and ex- istenca of the facilittes of the party of the second pert, and it at any time the patty of the first part shall require the removal of es changes In the lvcatlon of the veld facilitles that the Bald party of the second part to the saidl requirement, without dany coat tootheoppdrty remove f the firsttpart�* said fap111t1•e, in order to conform That the party of the second pert egress to provide during construction and any subsequent signs aignal lights, flagmen and other warning devI for the protection of traffic in eformancetwith ptherlatest yanul 11-'n on Un form Traffic Control De.lcee for Streets end Hi hw s and Amendments or Supplements thereto. Info,. nua on as o • re ru *e an r•gu q on■ may a ne rpm the DSVlelan Engineer of the part. . party of the First That the party of the second part hereby agrees to Indemnify and save harmlus the party of the first part from all damages and claims for damage that lady arise by ,apron of the Snetgllgt ion and maintenance of thin art croachment. That the party of the second part ggres■ to rester* all areas disturbed during Installation end maintenance to the exercise every r am the Division au Engineer of the party of the first part. The party of the second part agrees to Pollution o *vary reasonable precaution during construction and maintenance to prevent eroding of soil, or pollution of rivers, streams, lake• reservoirs, other water impoundments, ground surfaces or other property; or pollution ivision off EnvironmentThere 4nshall ntt NoorthlCarolina S applicable mantatlon Control Commission. the regulations of various counties, muni:lpolities and ether official agencies relating to pollution prevention and control. When any tnetallgtiOn or malntenanp* operation disturbs the ground surface and the existing ground cover, the petty of the second part agreea to remove and replace the cod or otherwise reestablish the grams cover rou to meet the satisfaction of the Division Engineer of the party of the first part. That the party of the second pert agr*ea to assume the actual coat of any inspection of the work considered to be necessary by the Division Engineer of the party of the flrmt part. That the party of the agreement part agrees to hove available at the construction site , at all times during con. firm reaetreefthalrinhtetoeSt showing eridencr of.approval by the Party of the first part. The party of the first g op all work unless evidence of approval can be shown. Provided the work contained in this agreement is being performed on a completed highway open to traffic; the Party of the second part agreea to give written notice to the Division Engln*er of the party at the first Part When all work contained heroin has been completed. Unless specifically request*d by the party of the first part, written notice of completion of work on highway projects under construction .6111 not be required. FORM R/W 16.6 Rev. July 1, 1977