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Home My WebLink About2008 Abstract - Animal Services - Facility Site Lighting Utilities Right of Way Agreement - Duke Energy ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: October 7, 2008 ` Action Agenda , Item No. ~- SUBJECT: Animal Services Facility Site Lighting Utilities Right of Way Agreement with Duke Energy DEPARTMENT: Purchasing PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: Right of Way Agreement Pam Jones, 919-245-2652 Service Agreement for Leased Street and Public Lighting Site Lighting Electrical Site Plan PURPOSE: To consider: 1) Approving a Right of Way Agreement for the installation and maintenance of electrical site lighting utilities built to service the Orange County Animal Services Facility, contingent on the final installation and subsequent as-built survey plat developed by • Orange County and final review by the County Attorney; and 2) Approving the Service Agreement between Duke Energy and Orange County for Leased Site Lighting for the Orange County Animal Services Facility. BACKGROUND: Duke Energy is requesting this dedication of Right of Way in order to properly service the electrical site lighting utilities installed to serve the Animal Services Facility. The County will lease the lights from Duke Energy. The utilities are depicted on the attached Site Lighting Electrical Site Plan. The project plans fora 10 year leased site lighting Agreement with Duke Energy (Service Agreement attached). The Right of Way dedication will not be rendered to Duke Energy until the utilities are installed and a representative as-built survey plat is created and approved by the County Attorney. The location of the lines will occur in areas previously disturbed as part of the facility construction process and will require no additional plant or tree removal. FINANCIAL IMPACT: The leased lighting agreement stipulates a $235.44 monthly charge for the lighting services which is included in the FY 2008-2009 operating funds. RECOMMENDATION(S): The Manager recommends that the Board: 1) approve the Service Agreement for Leased Site Lighting; 2) dedicate the Right of Way to Duke Energy as presented, contingent on the final installation of the utilities and the approval by the County Attorney; and • 3) authorize the Chair to sign on behalf of the Board. a • WR No. ~~ ~;~~ 'ect C~ ~ /9S _ Return Address: Doke Energy lines Drava By: Attn: Project 'on• i d WL v`i STATE OF NORTH CAROLINA RIGHT OF WAY AGREEMENT COUNTY OF /9~ ,G ~ n r j KNOW ALL MEN BY THESE PRESENTS, That C/~,~,UCC Gyt'~+Ti~ hereinafter called "Grantor" (whether one or more), in coos deration of the s of One Dollar ($I.00} and other good and valuable considerations, does hereby grant onto DUKE ENERGY CAROLINAS, LLC, and its successors and assigns, subsidiaries and divisions, hereinafter called "Grantee," the perpetual right, privilege and easement to go in and upon that certain Iand of Grantor (hereinafter "~m}ses'~ situated in said_County and State, properly described as: and over and across said premises within aright-of-way strip (check applicable): vrng a width of feet on each side of a centerline determined by the centerline of the electrical facilities e lighting 'es, as installed, to const<uct, mairtain and operate with poles, lighting fixtures, cross ,guys, anchors, cables, transform other apparatus and appliances, overhead lines for the purpose of trans a ctiicity and/or providing lighting services and communications purposes of the Grantee an tact telephone utilities and other telecommunications services. The rights are also granted t e: to enter said premises to inspect said lines, equipment and facilities, to perform mainte make alterations and additions thereto, to remove from the riglrt-of-way strip, now or at any time in the or other obstructions that may endanger the proper maintenance and operation of said 1" er facilities or equipment s of any species that Crrantee determines will grow at mahrrity to a height endanger the proper maintenance and operation o 'nee or other facilities ~ equipment ; to trim or remove eep trimmed or remove dead, diseased, weak or leaning trees or hm ide of the right-of-way strip which, ' e opinion of the Grantee, might interfere with m fall upon the electric, lighting, teleco 'cations or other 'cations facilities within the right-of-way strip; and to install guy wires and anchors extending beyond the. of the right-of-way strip. having a width of /~ feet on each side of a centerline determined by the centerline of the electrical facilities and/or the r~ u lighting facilities, as installed, bo construct, mairrtain and operate underground Lines and conduits with other apparatus and appliances, either above ground or below ground, to include transformers and service connections, for the purpose of transporting - electricity, providing lighting services and for the communications and telecommunications purposes of trainee and its licensees. The following rights are also granted to Grantee: to enter said premises to inspect said lines, equipment and. facilities, to perform maintenance and repairs, and to make alterations and additions thereto; and to clear the land within the right-of-way strip and 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 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 of trees, structwes or other obstructions. Grantor, for itself and its successors and assigns, agrees to hold Grantee, itg • successors and assigns, harmless frn replacement and/or repair of paving, landscaping and fences as a result of fut~rre system maintenance and repair. All underground facilities are to be installed in accordance with the provisions of Grantee's Underground Distribution Installment Plan, NCUC Docket E-7, Sub 828, receipt of a copy of which is acknowledged by Grantor. o This right-of-way is given to permit tine construction or modi$cation of fac~ities presently proposed. Facilities at other locations • and future exteatsions of presently constructed facilities are not permitted by this agreeme~. The foregoing notwithstanding, Grantee may relocate its facilities and right-of-way strip over the premises to conform to any futaoe highway or street relocation, widening or improvement. IN WITNESS WHEREOF, this m~n*+~t is executed on this Name: _ day of , GRANTOR (~>~Y Nom) (Signature of Signatory) (Name of Signatory) Title: (Position/Iifle) STATE OF NORTH CAROLINA, COUNTY I certify that the following person(s) personally appeared before me this day, each aclrnowledging to me that he or she signed the foregoing document • Date:, My Commission Expires: Notary Public r~ ~~ Affix (Notary or Corporation) Seal Page 1 of 3 ACCOUNT ORANGE COUNTY SERVICE 1801 EUBANKS ROAD ACCOUNT NAME ADDRE33 CHAPEL HILL, NC NUMBER Duke Energy Carolinas LLC NC Service Agreement -Street 8~ Public Lighting Dula En Cxrporadon - Eleclronio Form Reposlrory Elsotdo Dbtributlon form for NorTh Carotin Only ~/ Customer Nems ORANGE COUNTY Pro)eat Name ORANGE COUNTY ANIMAL ° Duke Prnrpy Csroltnaa LLC ~ /I SHELTER pate Service Address 1801 EUBANKS ROAD, CHAPEL HILL, NC TOTAL MONTHLY CHAROE8 ~Sg,44 Manlnp Addreaa PO BOX 17177, CHAPEL H1LL, NORTH CAROLINA 27516 Orn Time Pryment (Incl. tax) ~0.00~~ Service Rsqueatrd by BILL MACAONALD- TIW .PROJECT MGR (CLANCEY Pbona 918-834-3801 '~l~db~n.np~vrkwr+p~awnan.eati.r.b,~aw 8~ tHEYS Tnb apnsmsm, when Npned by 1M C and by an aultsulzed reprweMstlve of Dcdca ErMrpy Carolnas LLC ('1Aicdf, wAl bs a contract underwhkh Oula erlraw b Aanfth fhs outdoor 9 ssrvks krdkstsd btlow b the Cwtanr and dfs Cwtomsr ap~a b sy for the seMar U acoadanes wltlr the emu of Rate Sdreduls PLand Duke's Banta Repulstione on }Ca wNh tla North CeroAna Pubpe asMos CommWlon. and on fps In Dideah ofpass, (A8 THE RATE aCFIEDULE AND SERVICE REQULATION8 MAY BE MDDIF'~D FROM TIME TD TIME) which Rob Schedule arxf Servbe Rpuladona ue heroby inoapa~abd a part or9rlaa ayreemetd. Duce wlq provide the aWrbar IlpMinp ssnla 1ndloaNd bsbw, but Mthe serNa q wtwpy orpartlapy intxruptad or swpsrMsd ar TUb beeeuN lamps bum out or ere tgolesn, bsoawa of arty lance beyond Duke's reasonable oanbd ar ber;awe Duke nwds to swpend the ssnAce fortis purpose of p ar maldnp mpsks or atteradans to ps Mw or alhar aqulpmant,then Ouia shag not bs obltpabd to pn~Nds Sro service d~ y such IMsrtupOon, swprrbn or AWrr, and DuM aMA not ba Ilebla for any damspe a tow rssuNlnp ihsreborrr. Dube I~rsplaa tamed out lempa and otlwrMw maMdNn the Podrn durlnp npular daytlms workbp hours a scan es pcsatlal fapowinp no~Ulloatlon byUa Oustamar o) such problems. A N furtlrer aptNd tMt Duke nsenrw the rlpht b dleaonAnue eervka and remove the 1Ddures from Ca Cusbnreri prsmba M tla Cuscortwr vblatee any of fta Urrns of the 8ervloe Rspulatlons, lisle edrWule or lrlt Aprarnsrd. The Iow1 lsrm of lido ApnemsrK shoe w 7 o x~ and Ihsreefterftahell canpnus urrtll 2amdra6ed byalter paAy yIMnD 30 days' wdften notla to the other party, iN THE EVENT OF TERMINATION DIAiINO THE INfT1AtT'ERM OF THte AOREEMENS', THE CU8TOMER AGREES TO PAY DUItE 40li OF THE TOTAL MONTHLY CHARGE FDR THE NUMBER OF MONTH8 REMAININIi 1N THE INITIAI.TERM. Customar8lpnatuw Special lnstructlons X ~ Data Slpnad LIGHTS LOCATED IN THE PARKNG LOT OF THE ORANGE COUNTY ANIMAL SHELTER,B TOTAL Work Request Number 3A 1D 1485230 200808131895213 Additional Monthl Cha ea Rsts Per Mo. Per Un1t # of Units Monthly Charge Outside Muniaipallty sill types $1,78 Instds Munlclpallty Traffic Support only $1.78 Not for TeatYlc S rt 0.00 Additional Monthl Cha es for Unde round Conductors Senrlce feet per pole from underground system (101-Z00 fist) Total UG Conductor served from U0: 850 pre feet) 0.75 x ~ 8 oles = 8.00 Additional Monthly Charge for Underground conductor $.07 for each Increment of 10 fast or laser over 200 setvlce fast from pole 10' increments over 200' per pole = 0 x .O7 0,00 x 8 oles:a 0.00 Subtotal: 8.00 Other Cha es Spedal Insfauctlons: ~.IGHTS LOCATED IN THE PARKING LOT OF THE ORANGE COUNTY ANIMAL SHELTER,8 TOTAL . Addltlonal One Tlme Payment Total Amount: $0.00 is//www.nwa05.duke-ever¢v.co>va/anprovaUedlightin>z.reef/Prin~on/1e83a4bcO5db4219852574s4006ec43b 8/08' • ~ Page 2 .. • [Additional MorrtltN Payment Total Amours $8.00 [ CJ httv:!/www.nwa05.duke-ener~v.com/avurovaUedliahtin~.nsf/PrintV ez~sion/1 e83 a4bcOSdb4219852574a4006ec43b 8/13/2008 Page 3 of 3 Decorative Luminaires Luminalrs #1 Descxl 11on: Bronze Shoebox 400W MH Sl a 26' S e A Direct Buried -Inside P ent Added to Mon Ch e # Untb 1 Tims Cha s Monthl Cha e DecoralNe adder. • 14.58 8 0.00 118.84 Luminalre Desal bon: 400 watt 40 000 lumen Metal Haltde lam urban ExisUn Pole 0.00 0 0.00 _ New Pole w/ Ufl 14.10 8 112.80 Total OAO 228.44 Are any old fac#ltles to be removed? No 0 .//www.nwa05.duke-ener~v.com/atrprovaVedli>~htin~.nsf/Print~ion/Ye83a4bcO5db4219852574a4006ec43b 8/18 .{ • t l I r • • ~ i i i i r ti i i ~~ i ~I i ~, ~+~' ~ ~ ~' + ~ ~ m ~ .d- ~ +~ 1 .\ ~ ~ ~Atc'hltecca. ~ 7itd Cburtyerd 48i W: Frarrrcrtrt St. phpar ant luc a~~i~ Hi~.96B.8993 9i0.B~8.84Xi Faic Consul~ng Atchlteet ~ AFlimsl Acts ~bleckR. Helen Atctrrtecl Boafder, CG Qd30P nayrf rtia~ ~~ • • •