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Agenda - 06-17-2003-8u
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Agenda - 06-17-2003-8u
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Last modified
8/29/2008 3:38:19 PM
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8/29/2008 10:48:02 AM
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BOCC
Date
6/17/2003
Document Type
Agenda
Agenda Item
8u
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2003 NS Co Engineer - Electrical Easement for Norfolk-Southern Railway Signal Light
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\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2000's\2003
Minutes - 20030617
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Path:
\Board of County Commissioners\Minutes - Approved\2000's\2003
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<br />Project No. 286042 <br />Drawn By: Richard D. Lloyd <br />Project Description: <br />Valley Forge Rd. <br />STATE OF NORTH CAROLINA <br />COUNTY OF Orange <br />Return Address: Duke Energy <br />Attn: Richard D. Lloyd <br />4412 Hillsborough Road <br />Durham, NC 27705 <br />RIGHT OF WAY AGREEMENT <br />KNOW ALL MEN BY THESE PRESENTS, That Orange County <br />hereinafter called "Grantor" (whether one or more), in consideration of the sum of One Dollar ($1.00) and other good and valuable <br />considerations, does hereby grant unto DUKE ENERGY, and its successors and assigns, subsidiaries and divisions, hereinafter called <br />"Grantee," the perpetual right, privilege and easement to go in and upon that certain land of Grantor (hereinafter "premises") situated <br />in said County and State, property described as: <br />PIN # 9874-30-3619 <br />TMBL # 4.40.A.8A <br />and over and across said premises within aright-of--way strip (check applicable): <br />® having a width of 15 feet on each side of a centerline determined by the centerline of the electrical facilities as installed, to <br />construct, maintain and operate with poles, crossarms, wires, guys, anchors, cables, transformers and other apparatus and appliances, <br />overhead lines for the purpose of transporting electricity and for the communications purposes of the Grantee and regulated telephone <br />utilities. The following rights are also granted to Grantee: to enter said premises to inspect said lines, to perform maintenance and <br />repairs, and to make alterations and additions thereto, to remove from the right-of--way strip, now or at any time in the future, trees, <br />structures or other obstructions that may endanger the proper maintenance and operation of said lines and trees of any species that <br />Grantee determines will grow at maturity to a height that will endanger the proper maintenance and operation of said lines; to trim or <br />remove and to keep trimmed or remove dead, diseased, weak or leaning trees or limbs outside of the right-of--way strip which, in the <br />opinion of the Grantee, might interfere with or fall upon the electric or communications facilities within the right-of--way strip; and to <br />install guy wires and anchors extending beyond the limits of the right-of--way strip. <br />^ having a width of feet on each side of a centerline determined by the centerline of the electrical facilities as installed, to <br />construct, maintain and operate underground lines and conduits with other apparatus and appliances, either above ground or below <br />ground, to include transformers and service connections, for the purpose of transporting electricity and for the communications <br />purposes of Grantee and its licensees. The following rights are also granted to Grantee: to enter said premises to inspect said lines, to <br />perform maintenance and repairs, and to make alterations and additions thereto; and to clear the land within the right-of--way strip and <br />to keep it clear of trees, structures or other obstructions; and to clear that land outside the right-of--way strip within ten feet of the <br />service door of any transformer or cabinet located within the right-of--way strip and to keep the area within ten feet of said door clear <br />of trees, structures or other obstructions. All underground facilities are to be installed in accordance with the provisions of Grantee's <br />Underground Distribution Installment Plan, NCUC Docket E-7, Sub 552, receipt of a copy of which is acknowledged by Grantor. <br />This right-of--way is given to permit the construction of facilities presently proposed. Facilities at other locations and future extensions <br />of presently constructed facilities are not permitted by this agreement. The foregoing notwithstanding, Grantee may relocate its <br />facilities and right-of--way strip over the premises to conform to any future highway or street relocation, widening or improvement. <br />1 of 2 <br />
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