Orange County NC Website
ROUTE Hillsborough <br />Circulator, Orange <br />- Chapel Hill <br />Connector, <br />Orange - <br />Alamance <br />Connector <br />Attachment 2 <br />PROJECT Orange County Simme- <br />Seat Bus Stop <br />Improvements <br />DEPARTMENT OF TRANSPORTATION <br />-AND - <br />Orange County, NC <br />THIS AGREEMENT, made and entered into this the <br />STATE OF NORTH C4AROLINA <br />COUNTY OF Orange <br />RIGHT OF WAY ENCROACHMENT AGREEMENT <br />FOR NON - UTILITY ENCROACHMENTS ON <br />PRIMARY AND SECONDARY HIGHWAYS <br />day of 120 18 , by and between the Department <br />of Transportation, party of the first part; and Orange County, NC <br />party of the second part, <br />WITNESSETH <br />THAT WHEREAS, the party of the second part desires to encroach on the right of way of the public road designated as <br />Route(s) NC -86, US -70, US -70 -BUS, SR -2300, and SR- located please see attached maps with county -wide bus <br />1009 stop / seats identified <br />with the construction and /or erection of: Simme -Seats with attached bus stop siqns. <br />WHEREAS, it is to the material advantage of the party of the second part to effect this encroachment, and <br />the party of the first part in the exercise of authority conferred upon it by statute, is willing to permit the <br />encroachment within the limits of 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 the party of the second <br />part the right and privilege to make this encroachment as shown on attached plan sheet(s), specifications and <br />special provisions which are made a part hereof upon the following conditions, to wit: <br />That the said party of the second part binds and obligates himself to install and maintain the encroaching facility in such safe <br />and proper condition that it will not interfere with or endanger travel upon said highway, nor obstruct nor interfere with the proper <br />maintenance thereof, to reimburse the party of the first part for the cost incurred for any repairs or maintenance to its roadways <br />and structures necessary due to the installation and existence of the facilities of the party of the second part, and if at any time <br />the party of the first part shall require the removal of or changes in the location of the said facilities, that the said party of the <br />second part binds himself, his successors and assigns, to promptly remove or alter the said facilities, in order to conform to the <br />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 subsequent maintenance proper signs, signal <br />lights, flagmen and other warning devices for the protection of traffic in conformance with the latest Manual on Uniform Traffic <br />Control Devices for Streets and Highways and Amendments or Supplements thereto. Information as to the above rules and <br />regulations may be obtained from the Division Engineer of the party of the first part. <br />That the party of the second part hereby agrees to indemnify and save harmless the party of the first part from all damages <br />and claims for damage that may arise by reason of the installation and maintenance of this encroachment. <br />It is clearly understood by the party of the second part that the party of the first part will assume no responsibility for any <br />damage that may be caused to such facilities, within the highway rights of way limits, in carrying out its construction and <br />maintenance operations. <br />That the party of the second part agrees to restore all areas disturbed during installation and maintenance to the satisfaction <br />of the Division Engineer of the party of the first part. The party of the second part agrees to exercise every reasonable <br />precaution during construction and maintenance to prevent eroding of soil; silting or pollution of rivers, streams, lakes, reservoirs, <br />FORM R/W 16.1A (January, 1981) <br />