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FORM R/W 16.6
<br />Rev. February 2021
<br /> STATE OF NORTH CAROLINA
<br />ROUTE PROJECT COUNTY OF
<br />
<br />DEPARTMENT OF TRANSPORTATION
<br />
<br />-AND-
<br /> THREE PARTY RIGHT OF WAY
<br />ENCROACHMENT AGREEMENT ON
<br /> PRIMARY AND SECONDARY SYSTEM
<br />
<br />-AND-
<br />
<br />
<br />
<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
<br /> party of the second part; and
<br /> party of the third part,
<br />W I T N E S S E T H
<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) , located
<br />
<br />
<br />with the construction and/or erection of:
<br />
<br />
<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 UTILITIES ACCOMMODATIONS MANUAL, and such revisions and amendments thereto as may be in effect at the
<br />date of this agreement. Information as to these policies and procedures may be obtained from the Division Engineer or State Utilit ies
<br />Manager 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 s afe 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 st ructures
<br />necessary due to installation and existence of the facilities of the party of the second part, and if a t 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 himsel f, his successors
<br />and assigns, to promptly remove or alter the said facilities, in ord er 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 l ights,
<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 a nd
<br />claims for damage that may arise by reason of the installation and maintenance of this encr oachment.
<br /> That the party of the second part agrees to restore all areas disturbed during installation and maintenance to the satisfacti on of the
<br />Division Engineer of the party of the first part. The party of the second part agrees to exercise every reaso nable precaution during
<br />construction and maintenance to prevent eroding of soil; silting or pollution of rivers, streams, lakes, reservoirs, other wa ter
<br />impoundments, ground surfaces or other property; or pollution of the air. There shall be compliance wi th applicable rules and regulations
<br />of the North Carolina Division of Environmental Management, North Carolina Sedimentation Control Commission, and with ordinan ces
<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 agr ees 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 b y 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 o f this
<br />agreement showing evidence of approval by the party of the first part. The party of the first part reserves the right to st op 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 sec ond 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 herei n 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 />SR 1729 (Rogers Road)Sewer Service at 7731 Rogers Rd Orange
<br />Orange County
<br />P.O. Box 8181, Hillsborough, NC 27278
<br />Orange Water and Sewer Authority (OWASA)
<br />400 Jones Ferry Road, Carrboro, NC 27510
<br />October 22
<br />Orange County
<br />OWASA
<br />SR 1729 (Rogers Road)at 7731 Rogers Road
<br />a single 4-inch OWASA sewer service stub-out under Rogers Road to serve a single family
<br />residential property located at 7731 Rogers Road (PIN 9870349879). The sewer service stub-out will be installed as per the guidance/maps included in the
<br />attachments (i.e. Exhibit A, Exhibit B, and Exhibit C) via directional bore using an OWASA approved pipe material variance (i.e. FPVC or HDPE pipe).
<br />DocuSign Envelope ID: 269B2631-52B5-4390-B0FC-CE96792761B9
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