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HomeMy WebLinkAbout2010-121 AMS - Fairview Park Utilities Right of Way Agreement with Duke Energy wR.INo. 1689749 Resp. 5341 Project C]PNC Return Address: Duke Energy Corporation Drawii By: Clidstopher D$r'owa Attn: Christopher D..i3tbwn .Project Description: Installin 2o'of 4H lirimai•y 4412 Hilislioi•ougli Rd and a pole to serve Eair•xriew Park wl UG service Durham,NC 27705 STATE OF NORM CARDLMA RlG T OF WAY AGREEMENT COUNTY OF 01 bp KNONV ALL.11r1EN BY'TH.ESiE PRESENTS., That The Coun.!X of Oran e here i€after called "Gr antox"(miliether ones or nior•e), iri cons 1deration of the suns of One Dollar($1.00)and other good and valuable coiisider•atio€ dies lici•eli� gi•aiit uiito DUKE ENEROY CORPORATI€3N, and its. successors acrd assigns, subsidias-ies and divisi.aris, li.ereinafter called "G, r'antee," the perpetual rigiit, privi leg e and casement to go i€t and upon,that certain land. of Grantor (lie€'cinaf:er"Premises") situated in said County and State, property described as: PIN#-* 08-65725684 PIB#: .1 011 TM B L+: 4.5.A..15 B and over and across said gre€Wises witliiii a right-of-waif strip (clieck applicable): ® liavi.ng a width of.15 feet.on eadi side of a ceiiterl.ine determined by the center•I,i€ie of the electrical facilxti,es as irist��lled, to construct, rnai.tit:ai n acrd, operate with poles, crossa€•ins, wires, guys, anchors, cables, ta-aii.s fo rrne€•s arid. other appa€•attis and appliances, overhead. Hires for the purpose of transporting electricity and for the cornniunications purposes of the Grantee acid regulated telephone utilities. The following rights are also granted to Grantee: to enter said pr•eniises to inspect said lilies, to perforin mai€itenaiice and repairs, and to €nape alterations and additions thereto, to reniave from tlie- r'iglit-ofw�iy strip, rin'w o€•at any time-in the fuffire, trees, struefti•es or other obstructions that-may endanger the proper mahi.tenafice acid gieratioii of said lines and trees of any species that Grantee determines �tnll. grow at maturity to a liei.glit that will eudartger ilie lii•olaer maintenance acid. alaet�atio�r of szid lines; to i.inr:or remove and to keep trimined.ar remove dead, diseased, weal.or leaning trees oi-limbs outs�d� of the right-of-way strip which, iii the apiniolt Of the Grantee, might Interfere with, or fall upon the electric oi, comliiutiications facilities within the right of way strip, and to install guy hires and andlior"s extending beyond the limits of the riglit�of way strip. ❑ haviiig a width of feet-oil each side of a centerline.determined by tile.centerline of(lie clectrical facilities as installed, to construct, itiahitain and operate underground i.ines and.conduits with other appatatrts and appliances, either above ground or laelaw ground, to include transformers and service connections, foio the purpose of ti-anspor•ting electricity and for the communications Purposes OfGTantee and its licensees. The following riglits are-also granted to Grantee: to enter said,pe-mises to inspect said Imes, to per fort i maintenance and fepait•s, and to iiiake altet:ations'and addl%tions dier'eto; and to clear the [acid within the right-of-way strip and to keep it clear of trees; structures or otlier obstructions; and to cleat` that land outside the right-of--way strip within ten feet of the service door of ainy transformer or cabinet located within t�.ie riglitot=u'ay strip and to beep flit area witliici tell feet of said door clear of trees, structures or dtlier• obsti•r"rctions. All underground facilities are 'to be installed in accordance with the provisions of Grantee's Underground Distribution Installixient Plan, NCUC Docket 8--7, Stab 552, receipt of a copy of which is acl4iiawledged by Grantor. This r•igl�t-of r ay is given to pei�rrrit the construction of facilities present.1y proposed. Facilities at other Locations an-d future extensions of presently constructed facilities are not permitted by this agreernent. The foregoing notwitlistanding, Grantee-may relocate its facilities and right-of way strip over the premises to coriforni to any future highway or street relocation, wideriin'g or improvenieiit. IN �' "T' �� h R� �`,this [nsti,timent is execuwd oil this day of , GRANTOR 'nie county of Drange By: Nai.ile: rx Itlet STATE OF NORTH CA ROLIN A COUNTY of I, a Notary Public for above County and State, do certify that personalty came before nee this day and.acknowledged that lie/she is Of a corporation:, and fiaat by authority duly given.and as the act of the col-poration,tine fo.i•eg ping instrunirmt was signed in its name-by its Witriess my hand and official seal, this day of My Commission Expires: Notary Public .. .... ..N... ....... ,ter.. ......... gar' j• .i i i i = F f• . Y� rr 1. r't. w.....a a.a...r.rr"t'••••r Affix (rotary o�Corporatioh) Seel The.foregoing cert i fr cate(s) of is/are eert.iited to be correct:. This day of ; A.D., CLERK OF CCU URT FOR. COUNTY By Deprity/.e ssistant-Cledc of Court. ORANGE 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, 919-246-2652 Exhibit A. Duke Energy Electrical Site Plan Jeff Thompson, 919-246-2668 . .................PURPOSE: To consider approving an agreement for_ the dedication of Right....of l! ay. to Energy for the installation and maintenance of electrical utilities built to service the grange 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 Grange county Fairview Park facility and authorize the chair to sign agreement on behalf of the Board. )AIR r: 1 589749 f Address: Terain St(Fairview Park) 1 Designer: Chris Brown (919)218-0866 ��, �� � . � � ���: D&Ike Energy Customer name: Orange Canny 1 Contact Number: Jeff Thompson (704) 5.09-1,502 'r)tvlr -ONT -A E, w l 3 f F X�:_j A.,� ..........__�__ .._... -. _.,..»._._.._... ._�..-j b --tom 14 n ,, _ i � 1 sit 71. F I R E i RD C CIA ,, 3 u i Cl Ln O r" � r•:t G.• RIG YORI• dN TRANSIFORNIER 'R( = j i I• ,s .�, d? SERVICE ' E ICE LLIaI t =�"PVC. D13 DESCRIPTION: � �• �� �� �� -4 Z G.l=._ - INGE COUNT REQUESTED DUKE ENERGY _A, wt 't� = TL.rn=ETA � � r.•. BN TO SERVE THE.N B11 FAIRV I EW PARK WITH � I�r i �� � �•'; �````�.�-� ���' � '�' '�� PHASE SERVICE.A N�rV BILE I A 3 AS OVERHEAD PRIMARY MIRE AND TRANSFORMER � ' �`�;, ;�"�,r- �.' - ``"��.� R3 -�--- IS REQUIRED TO HONOR THIS REQUEST. �:� �''[p � �, � _�;��•� —`.�--�� � UNDERGROUND SERVICE WIRE IS BEING PULLED t4 �,� �}. ..._.� ���--�`�. � IN CI S f 0MER PROVIDED 4"PVC TO THE METERING �• i � �� �r � � POINT LOCATED NEAR THE PICNIC SHELTER. � t '� TORAI(q ST "D PUBLIC ,, °•� =, �--- VOLE DU -ENERGY DUKE EI ERGS ,, W RK ZONE WORK Z NE POLL: