HomeMy WebLinkAboutAgenda - 06-01-2010 - 4mORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 1, 2010
Action Agenda
Item No._
SUBJECT: Fairview Park Utilities Right of Way Agreement with Duke Energy
DEPARTMENT: Asset Management & PUBLIC HEARING: (Y /N) No
Purchasing Services
ATTACHMENT(S): INFORMATION CONTACT:
Right of Way Agreement Pam Jones, 919- 245 -2652
Exhibit A: Duke Energy Electrical Site Plan Jeff Thompson, 919 - 245 -2658
PURPOSE: To consider approving an agreement for the dedication of Right of Way to Duke
Energy for the installation and maintenance of electrical utilities built to service the Orange
County Fairview Park facility.
BACKGROUND: Duke Energy is requesting this Right of Way dedication to properly service
its electrical utilities installed to service Fairview Park. The utilities are depicted on the attached
Exhibit A. The County Attorney has reviewed and approved the attached Right of Way
Agreement and attached Exhibit A.
FINANCIAL IMPACT: There is no financial impact related to the dedication of the Right of Way.
RECOMMENDATION(S): The Manager recommends the Board approve the dedication of
Right of Way to Duke Energy for the installation and maintenance of electrical utilities built to
service the Orange County Fairview Park facility and authorize the Chair to sign agreement on
behalf of the Board.
2
WR.No. 1689749 Resp. 5341 Project CIPINC
Drawn By: Christopher D Brown
Project Description: Installing 20' of OH primary
and a pole to serve Fairview Park w/ tIG service
STATE OF NORTH CAROLINA
COUNTY OF Orange
Return Address: Duke Energy Corporation
Attn: Christopher D. Brown
4412 Hillsborough Rd
Durham, NC 27705
RIGHT OF WNY AGREEMENT
KNOWN ALL MEN BY THESE PRESENTS, That The County of Orange
hereinafter called "Grantor" (whether one or more), in consideration of the sum of One Dollar {$ I .UO) and other good and valuable
considerations, does hereby giant unto DUKE ENERGY CORPORATION, and its successors and assigns, subsidiaries and
divisions, hereinafter called "Grantee," the perpetual right, privilege and easement to go in and upon that certain land of Grantor
(hereinafter "premises ") situated in said County and State, property described as:
PIN #: 9865725684
P/B #:.104/129
TMB.L: 4.5.AA 5B.
and over and across said premises within a right -of -way strip (check applicable):
® having a width of 15 feet on each side of a centerline determined by the centerline of the electrical facilities as installed, to
construct, maintain and operate with poles, crossarms, wires, guys, anchors, cables, transformers and other apparatus and
appliances, overhead lines for the purpose of transporting electricity and for the communications purposes of the Grantee and
regulated telephone utilities. The following rights are also granted to Grantee: to enter said premises to inspect said lines, to
perform maintenance and 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, structures or other obstructions that may endanger the proper maintenance and operation of said lines
and trees of any species that Grantee determines will grow at maturity to a height that will endanger die proper maintenance and
operation of said lines; to trim or 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 opinion of the Grantee, might interfere with or fall upon the electric or communications
facilities within the right -of -way strip; and to install guy wires and anchors extending beyond the limits 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 as installed, to
construct, maintain 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 and for the communications
purposes of Grantee and its licensees. The following rights are also granted to Grantee: to enter said premises to inspect said lines,
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, structures or other obstructions. All underground facilities are to be installed in accordance with the
provisions of Grantee's Underground Distribution Installment Plan, NCUC Docket E -7, Sub 552, receipt of a copy of which is
acknowledged by Grantor.
This right -of -way is given to permit the construction of facilities presently proposed. Facilities at other locations and future
extensions of presently constructed facilities are not permitted by this agreement. The foregoing notwithstanding, Grantee may
relocate its facilities and right -of -way strip over the premises to conform to any future highway or street relocation, widening or
improvement.
IN WITNESS WHEREOF, this instrument is executed on this day of
GRANTOR
The County of Orange
By: —
Name:
Title:
STATE OF NORTH CAROLINA
COUNTY OF
(, a Notary Public for above County and State, do
cei-tifv that personally came before me this day and acknowledged that he /she is
of a
corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by
Its
Witness my hand and official seal, this day of
My Commission Expires:
The foregoing certificate(s) of
This day of , A.D.,
CLF.,RIti OF COURT
By
Notary Public
Affix (Notary or Corporation) Seal
is/are certified to be correct.
COUNTY
uty /Assistant -Clerk of Court.
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