Agenda - 11-25-1991 - Laserfiche WebLink

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ROUTE SR ## 1713 PROJECT DEPARTMENT OF TRANSPORTATION •Al D- 3519 Old-Hwy. # 10 - Chanel Hill. N. C. 27514 .iTATE uF ,iORTH CAROLINA COUNTY OF Orange RIGHT OF WAY ENCROACIIMENT AGREEMENT FOR NON - UTILITY ENCROACHMENTS ON PRIMARY AND SECONDARY HIGHWAYS THIS AGREEMENT, made and entered into this the -2-1 day of October •1 19 911 by and between the Department of Transportation, party of the first part; and Dorothy C. Bane WITNESS ET It party of the second part, THAT WHEREAS, the party of the second part desires to encroach on the right of way of the public road designated as Route SR N 1711 located 874' north of the inter section of SR #1713 MT.Herman Ch.Rd. & TF7lFT11 —old Hw), # iu with the following: cross SR# 1713 with a 3" force main encased in 8" steel pipe and erecting two poles to carry an electric ine 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 she .a ld parry of the oeco.d part ►end• and obligate@ hLouBelf to LontaLl and wlntain the encroacher$ facility In worsen prup.•T ennn.lilibn $her It well not tntvrlwce with at r..dmnpr trvwsL upon as ld htAhwy, nor obstruct nor taterf.fn wt th the props]j rineananc. thatevf, to reLrbu roe the parry of the first pate for the eeet Incurred for say repairs of eN lntonancs ti lt■ rewerq a and etruetura9 neeess4ry dos to the lnrtallBtlnn and rsirtenee at the laeillttas of the parry of the eoeond part, ■ed it ■t ■try it" the party o[ lbe Llnt part rheLl Tequl[e tM [eaovel eL a[ ehangu to the loeatlon of the said facilities, that the 4914 party of the ..teed part Mode bLamelf, his sucey esrm and asmlgeu, to promptly rsevw or alter the said facilities. to order to eonforet to the raid reauirm g. vlthwt any ease to the party of the first part. That the party of the @wood part agrees to prrlde dating evmetr etioi and any subsequent aelnt .... as proper sign., ol{nal lights, (lstean and ocMf weruing davit.• tot the proteeefon of traffic In eeafetwanee with the lace@% Kaw.l an Uallara Traffic Coatral Davie" for Stteaes rued 111 hoses e t amandwnts or Svpplraents thereto. Ialartaties as to the abvvo ruler a [qu tone ry ta med few the Dlreaies Engineer of the party of the first part. That the par e7 of the reeved ►.K bar .by @,flan to ird�tlfy rd eras hsrmtase the patty of the fine part erne all ds.ape and eialaa fey damage that goy arise by reason of the Matatlatlon and .afneenaaee of this anervactemant. It Is clearly understood by the party of the @*tend part that the party of the (trot part will .esu.m no t..pen- elaility far any nlw4e thnt may he Caused to .woh tacllltt.e. rtthtr the hlehwey flahta of ray limit., In entry Le.a but Its tuna suet tae mM mint -nonce operslibn4. That the parry of the second pert @gross to restart alt arras disturbed doring Installation end maintenance to the ■atlataetlon of the Division Engineer at the party of the first part. The party Of the second pare agree$ to a :seen• .very nnonBbt■ precaution doting construction and smintemmne4 to praveat aredtnt at eelli silting or pallutlei of t er ern, ■t"a.n, laksa. nnnoln. other weer Lpoved ae non, grovel ear star.. of ether ptopettyt ar pollvclon at the air. Thor sha11 be compliance with sppllatbls, rules and regulatieere of the Forth Carolina Dtristen of EndlretwncaL Kuuqueatf Korth CaroLlame Sedlaentatlaa Cantrel Cemn.neleen, end .Sth ardiaaeeea and retulmtions of rarieum aeentles. elpalitie■ Bud ether official stooei4q telating to pollution prrveetloa and eontfvl. Vb,a any Lnetellaelw at rLnesn.=a or act— disturbs the ground nrrta.@ and the —Lot" gronatd cower. the natty of the second part agreed to rt+ove end replace the sod or otherwise nu tsbliah the grams cover to wet the eatlalactloo of the Dlvielon Eng$nset of the petty of the float pert. That the party of the second part agrees to sesum the set"L cwt of any inspection of the work considered to be .wa.meery by the 01v Lsivn thtLeesf Of the patty at the fin% patt. that the party of she second part @%real to hers srellablp at Cho encroaching elan, at all lava duglnt evp.true- tivn, a evpy or thle agrseeent shm Lng erlalence at approval by the party at the first part. That patty of the first part r.rrn.• the right to stop 911 work ual.0 voidance of eppg —fil U. ►a abase. trwided the wrk n:onulnwd in this adrererat is bring performmd as a eo.pleted highway epeo to traffic( the party of thug second psrc •Less■ to two wttl@n notice to tM nlrielve Esglnasr at the party of the (It at pert whorl all work contained hoesto has been ewpleted. Valens specifically reer000td by the party of the tint Porte written notice of eomplactoe of work on hLgbwq projects ander construction will set be required. - TLnt to the c4nu of eeeeomp119nee weth the tat.' rot this agrowat by the patty of the aacond pert, the patty at n the lit part rarenes the right to stop all work until the (mcil!%y has Was brought into ctnepllancs or swerved from the right of ray 49 roe Coat to the patty of the !lest part. That It to agreed by both parties that this rtttv.rnt •hall tocpay sold It Batumi construction of the rack eee- trptar.d hotels to net begun vlthla one (1) year trom the date of wthoriuclee by the party at the tint port agleam wyltten walr.r 1s .ee.r.d by the party sl the • +eocnd part ftasi tbei party of the first part. r^nls v /td 1 4 1 A r T-,nr,,. 1091 1 rA