Agenda - 11-25-1991 - Laserfiche WebLink

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jT ATE uF LiORT11 C,UIOLINA ROUTE SR If 1713 PROJECT COUNTY OF Orange DEPARTMENT OF TRANSPORTATION RIGHT OF WAY ENCROACHMENT AGREEMENT FOR NON- UTILITY ENCROACHMENTS ON -AND- PRIMARY AND SECONDARY HIGHWAYS Mrs. Dorothy C. 8arDe 3519 Old Hwy. N 10 Chanel Hill, N. C. 27514 THIS AGREEMEN , made and entered into this the ILL day of October P 19 P by and between the Department of Transportation, party of the first part; and Dorothy C. Dane party of the second part, W I T N E 5 5 E T 11 TEAT WHEREAS, the party of the second part desires to encroach on the right of way of the public road designated as Route SR N 171 located 8741 north of the inter section of SRH1713 MT.Herman Ch.Rd. & SIM i/1Uoold Hwy 11 1U with the following: cross SRfl 1713 with a 3" force main encased in 8" steel pipe and erecting two Poles to carry an electric lne across 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 author- ity conferred 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 agree- ment; 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 said parry of the ucoad part ►inch and ablltatu hfnanif to ln.tall oval a•Intmin the ancreachi.g facility In ••.ch so in mnJ ptupec co.Nitlon that it will not int.rfprw wLth at t,dsnpvr travel upon amid hL4hwy, not obstruct nor io ,fmrm vl th the pc open mointen4ncs thermal, to reimburse the patty of the fLret pert for the test Incurred for any rivalry err a. tntomm�ca t its to ad rays and structure* necessary due to the lnstallatloo and waletenee of the facilities of the parr'f e! the attend part, sod If at any time the party of the first part shall tequifd the rural of or ehsagv■ in the locative of the oald foCl3ities. that the Said part? at the mrcond part bird■ bAualf. his Sueeevaecs Red asalgets. to promptly tmm v. or alter the said facilities, to order to can[arse to the said requirats"t, without ■say cost to the party of the fire[ part. That the party of the second part &trees to provide daring eoentrectlom god any ovb•ayvent malntensnes proper signs. el{n.1 11ghts, flagman and ether warm Lng /molt•• for the frotaetion of traffic In conformance with cha latest Kennel on_Uoltorr Traffic Control Dowte.e forStreet@ and Righwsve &ad AmGnda ve nt■ or Supplents thereto. Lmfetrstles to [home to the [h ru es *ad ralutstione may be _talned flat the Dl+latom UCIn.er of the party of the tint part. That the party of the sated pert hereby agree[ to ird~lty ea.! seam Aartleso the patty of the first pact Ivey ell dateges sod claims for datags that any aria by r.4aom of the Lnstallation and saint"amem of this saeroaNrtnt. 1c la clearly understand by the party at the *Stand pert that the party ar the first part will •d•umwi no reepo.— albility or any .Isom%. thnt .ay be caused to ouch facilities, wlthla ch. hlnh —y rlahta of way Ilmtts. In earhlns out to cvnv c tmetlan arwl mulnt•n.nca operations. That the party of the second part stress to reflect 411 areas disturbed during l no" Iletloo and maintenance to the satisfaction of the Division Engineer of the party of the first pert. The, party of the eacamd part agrees to eaarcles "all [••eenable precaution during eanetruetian Ord Salntsname to pretest aredtng of soill silting or pollvtiam of [irar@. ■treme. takma, cssafvelrs, ether water Lopouedmomta, truund surtaeer of other pcapartyt or pollution of the air. There shell bs compliance with applirwblt6 role@ end regulstLeas of the North Carolina Dists Lon of tattrar++ntal Ken&gsent, Korth CIroLLta Seditantatina Control Cametatlea, Gott with oedinemse and Mulatlon4 of . -netts taantles. mtmlctpalltias and ether official agencies twisting to ►atlutlov pre+emcloa and eantrel. wham any Installation or .-- ariatemoacw opmemclon disturbs the grewnd Surface and the -slat" atmra.d ewer. the party of the second pert agrees to . rabve and rapt met the red as otherwise reastskllah the gross eater to most the sallsfactiee of the Divisions fngfneer at the petty at the firs[ pert. —. That the party of the [&Curd part agrees to assumo the octaal east of Say Lmp•ctloa of the wart aonaddared to be OK esM ry by the Dtvialan Engineer of the party of the rivet part. that the party of the second port .%case to home swsllablp at the encroaching site. at all t, during aunslrue. .. tion. a copy of this sgreemrnt showing N Wsnaa of approval by the patty of the first pact. The party at the first pact romerrsa the right to stop ell work vole•• "Waste of sopcoval cas be show. haw liked the mock contained to this ogrvestat is being perfotted as 4 eorplaled highway epee to [raffle) the party of the second port •(rasa co give written nutlaa td the ntvieloa tagioser of the party at the first part vhmn all work contained hereto has boos completed. Dn►u■ ■parlfic@lly requested by the pasty at the first part. written magic■ of aneplectam a: work on highway projects under eeastruetlom rill sot W required. - That to the ease of mama e e pllance with the cor of Chia agromast by the party of the second part. the party of the flat part cessnve the right, to step all work until the fmcLLtty her been brought late compliance at [&sawed Irem the. right of way at an cost to the patty of the first part. That it is sirmd by both ►aril@@ that this ogtooment [halt ►Kama moo W it aetmel aenarruatien of the Vega cma- :tesplased hereto I. at begun wlchla on. (1) year from the data of mveharlea[ tom by the party of the fine part •slue wgtttsn walvwr 1a •ecurvd by dr. party of the S +tend part tray the party of the first part. rnnu D 1 1 L 1 S (T,-,.ann 1aA1 )