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<br /> STATE OF NORTH CAROLINA
<br /> ROUTE US 70W PROJECT Efland EMS Station COUNTY OF Orange
<br /> DEPARTMENT OF TRANSPORTATION THREE PARTY RIGHT OF WAY
<br /> -AND- ENCROACHMENT AGREEMENT ON
<br /> Orange County PRIMARY AND SECONDARY SYSTEM
<br /> P.O. Box 8181, Hillsborough, NC 27278
<br /> -AND-
<br /> Orange Alamance Water System
<br /> 5900 US-70, Mebane, NC 27302
<br /> THIS AGREEMENT, made and entered into this the day of 20 by and between the Department
<br /> of Transportation, party of the first part; and Orange County
<br /> party of the second part; and Orange Alamance Water System
<br /> party of the third 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) US 70W , located along the south side of US 70W, 760 feet west
<br /> of the intersection of US 70W and SR 1004 towards Ashwick Drive
<br /> with the construction and/or erection of: One (1)fire hydrant assembly, one (1) 12x6 tapping sleeve and valve for a 6" DIP
<br /> fire service, and one (1) 2"type k copper domestic water service and 2"water meter
<br /> WHEREAS, it is to the material advantage of the party of the second part to effect this encroachment, and the party of
<br /> the first part in the exercise of authority conferred upon it by statute, is willing to permit the encroachment within the limits of the
<br /> 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 part the right
<br /> and privilege to make this encroachment as shown 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 accordance with the party of
<br /> the first part's latest POLICIES AND PROCEDURES FOR ACCOMMODATING UTILITIES ON HIGHWAY RIGHTS-OF-WAY, and such
<br /> revisions and amendments thereto as may be in effect at the date of this agreement. Information as to these policies and procedures
<br /> may be obtained from the Division Engineer or State Utility Agent of 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 facility in such safe and proper
<br /> condition that it will not interfere with or endanger travel upon said highway, nor obstruct nor interfere with the proper maintenance
<br /> thereof,to reimburse the party of the first part for the cost incurred for any repairs or maintenance to its roadways and structures
<br /> necessary due to installation and existence of the facilities of the party of the second part,and if at any time the party of the first part shall
<br /> require the removal of or changes in the location of the said facilities,that the said party of the second part binds himself, his successors
<br /> and assigns,to promptly remove or alter the said facilities, in order to conform to the said requirement,without any cost to the party of the
<br /> first part.
<br /> That the party of the second part agrees to provide during construction and any subsequent maintenance proper signs, signal lights,
<br /> flagmen and other warning devices for the protection of traffic in conformance with the latest Manual on Uniform Traffic Control Devices
<br /> for Streets and Highways and Amendments or Supplements thereto. Information as to the above rules and regulations may be obtained
<br /> from the Division Engineer of the party of the first.
<br /> That the party of the second part hereby agrees to indemnify and save harmless the party of the first part from all damages and
<br /> claims for damage that may arise by reason of the installation and maintenance of this encroachment.
<br /> That the party of the second part agrees to restore all areas disturbed during installation and maintenance to the satisfaction of the
<br /> Division Engineer of the party of the first part. The party of the second part agrees to exercise every reasonable precaution during
<br /> construction and maintenance to prevent eroding of soil;silting or pollution of rivers,streams, lakes, reservoirs,other water
<br /> impoundments,ground surfaces or other property;or pollution of the air. There shall be compliance with applicable rules and regulations
<br /> of the North Carolina Division of Environmental Management, North Carolina Sedimentation Control Commission,and with ordinances
<br /> and regulations of various counties, municipalities and other official agencies relating to pollution prevention and control. When any
<br /> installation or maintenance operation disturbs the ground surface and existing ground cover,the party of the second part agrees to
<br /> remove and replace the sod or otherwise reestablish the grass cover to meet the satisfaction of the Division Engineer of the party of the
<br /> first part.
<br /> That the party of the second part agrees to assume the actual cost of any inspection of the work considered to be necessary by the
<br /> Division Engineer of the party of the first part.
<br /> That the party of the second part agrees to have available at the construction site,at all times during construction,a copy of this
<br /> agreement showing evidence of approval by the party of the first part. The party of the first part reserves the right to stop all work unless
<br /> evidence of approval can be shown.
<br /> Provided the work contained in this agreement is being performed on a completed highway open to traffic;the party of the second part
<br /> agrees to give written notice to the Division Engineer of the party of the first part when all work contained herein has been completed.
<br /> Unless specifically requested by the party of the first part,written notice of completion of work on highway projects under construction will
<br /> not be required.
<br /> That in the case of noncompliance with the terms of this agreement by the party of the second part,the party of the first part reserves
<br /> the right to stop all work until the facility has been brought into compliance or removed from the right of way at no cost to the party of the
<br /> first part.
<br /> That it is agreed by both parties that this agreement shall become void if actual construction of the work contemplated herein is not
<br /> begun within one(1)year from the date of authorization by the party of the first part unless written waiver is secured by the party of the
<br /> second part from the party of the first part.
<br /> FORM R/W 16.6
<br /> Rev. July 1, 1977
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