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HomeMy WebLinkAbout2003 NS Co Engineer - Electrical Easement for Norfolk-Southern Railway Signal Light Project No. 286042 Drawn By: Richazd D. Lloyd Project Description: Valley Forge Rd. STATE OF NORTH CAROLINA COUNTY OF Orange Return Address: Duke Energy Attn: Richard D. Lloyd 4412 Hillsborough Road Durham, NC 27705 RIGHT OF WAY AGREEMENT KNOW ALL MEN BY THESE PRESENTS, That Orange County hereinafter called "Grantor" (whether one or more), in consideration of the sum of One Dollar ($1.00) and other good and valuable considerations, does hereby grant unto DUKE ENERGY, 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 # 9874-30-3619 TMBL # 4.40.A.8A and over and across said premises within aright-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 appazatus 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 the 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 cleaz 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 azea within ten feet of said door cleaz of trees, structures or other obstructions. All underground facilities aze 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. 1 of 2 4 IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal hereunto affixed by authority of its Board of Directors, this day of A.D., (SEAL) (SEAL) (SEAL) (SEAL) (Corporate Name) ATTEST: Secretary By President STATE OF NORTH CAROLINA, COUNTY I, , a Notary Public for the above State and County, do hereby certify that personally came before me this day and aclaiowledged that _he is Secretary of a corporation, and that by authority duly given and as the act of said corporation, the foregoing and annexed instrument was signed in its name by ,its President, sealed with its corporate seal and attested by as its Secretary. Witness my hand and official stamp or seal, this the day of A.D., My Commission Expires Notary Public The foregoing certificate(s) of day of A.D., is/are certified to be correct. This REGISTER OF DEEDS FOR COUNTY By Deputy/Assistant-Register of Deeds. 2 of 2 Affix (Notary or Corporation) Seal