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Home My WebLink AboutAgenda - 06-18-2013 - 5o 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 18, 2013 Action Agenda Item No. 5-o SUBJECT: Elementary School #11 Utilities Right of Way Agreement with Duke Energy DEPARTMENT: Asset Management Services PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: Right of Way Agreement and CHCCS Jeff Thompson, 919-245-2658 Letter PURPOSE: To approve a Right of Way Agreement for the installation and maintenance of electrical utilities built to service Chapel Hill Carrboro City Schools (CHCCS) Elementary School #11 as presented, and upon final review by the County Attorney, authorize the Chair to sign on behalf of the Board. BACKGROUND: Duke Energy is requesting this dedication of Right of Way, represented by the attachment entitled "Right of Way Agreement" referencing Work Order Number 3549122, PIN #9788181797 and related exhibits, in order to properly service the electrical site lighting utilities installed to service the newly constructed Elementary School #11 located in Chapel Hill, NC. FINANCIAL IMPACT: None RECOMMENDATION(S): The Manager recommends the Board approve the Right of Way Agreement for the installation and maintenance of electrical utilities built to service Elementary School #11 as presented, and upon final review by the County Attorney, authorize the Chair to sign on behalf of the Board. 2 WO No. 3549122 Resp. 5341 Project CIPINC Return Address: Duke Energy Carolinas Drawn By: Christopher D. Brown Attn: Christopher D. Brown Project ect Description: Installing 1351--t of 110 ') phase overhead 4412 Ifillsborough Rd Binary wire aAnd 80fl of]/0 3 phase underground Durham, NC'27705 primary wire with padl-nounted transformer on SOLIthWCSt Grantor's Address,: Orange County side of property to serve elementary school#1 1. Attn: Right of Way Wfice P.0. Box 8181 I fillsborough, NC 27278 STATE'OF NORTH CAROLINA RIGHT OF'WAY AGREEMENT COUNTY OF ORANGE KNONVALL MEN BY THESE PRESENTS,That C)FLinge CQLIn _Ly hereinafter called ""Grantor"" (whether one Or more), it) consideration Of tile SLHII 01'011C Dollar (S1.00) and other good and valuable considerations, does hereby grant (into DUKE ENERGY CAROLINAS, LLC, and its successors and assigns, subsidiaries and divisions, hereinafter called "Graruce," 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: Pinl-/: 9788181797 and over and across said premises within a right-of'way strip (check al)plicable): having a Width Of 10 teet Oil each side ol'a centerline determined by the centerline of'the electrical 11tcilitics and/or the lightint, facilities, as installed, to construct, maintain and operate with poles, lighting fixtures, crossarms. wires, guys, anchors, cables, traiislim-mers and other apparatus and appliances, overhead lines for the purpose of transporting electricity and/or providing lighting services and for the cominuniCaliOW,'PLAI-I)OSCS ol'the Grantee and I-C(ILII,'Ited WICI)II0110 utilities. The following rights are also granted to Grantee: to enter said premises to inspect said lines, equipment and tacilitics, to perform maintenance and repairs, and to make alterations and additions Illere1w 'Ind relocate its facilities and right-of\vay strip over the premises to conform to any filti-Irc highway or street relocation, Widening or and to remove fi-ofil the right-of'-way ,;trip, now or at any little in the I'Liture, trees, StrUCtUreS or other obstructions that mily elidauger the proper m iiritciiarice and operation ol'said lines Or other facilities or eqUipoICIII and trees of'any species that Grantee determines will grow at maturity to a height that will endanger the proper mainicnance and operation of said lines or other facilities or Cquipmelit, to trim or remove and to keep trimmed or remove dead, diseased, weak or leaning irecs or limbs outside of the right-of--way strip which. in the opinion tart'the Grantee, might interfere with 01' fall upon ill(-' CICCtl'iC,lighting, Or regulated telephone facilities within the right-of-way strip; and to install guy wires and anchors extending beyond the hunts of,the right-of-way strip. [] having a width of' 15 feet oil cacti side ol'a cewerinic determined by the centerline ol'the electrical facilities aild/orthe lighting facilities, as installed, to COnStRICt, maintain and operate underground lines and conduits with other apparatus and appliances, cither above t� ;)(,)vc ground or below ground, to include trarist"ormers and servico comieclions, for the I)LO-POSC of electricity, providing lighting Services and for tile Communications purposes Of Grantee. 'I he 1,611mving rights are also granted to Grantee: to otter said premises to inspect said lines, equipment and facilities, to Perlol-11-1 Illailucliance and repairs, and to mako: alterations and additions thereto.., and relocate its facilities and right-of-way strip over the promises to C0111101-In to ally fiul-H-C highway OF Street I-CIOC36011, widening or improvement; and to clear the land within the right-of way strip and to keel) it clear cif' trees, SlYUCtUl-Cs Or other ObSIFLICIiOIIS; and to CIC81' that land 0L)ISjdC the right-Of-Way Strip within lull f'CcI ol�the service (too]. of any [ransiorriler or cabinet located within the ri"Ilt-ol'-way strip and to keep the area within tell lest of'said door clear ol'trees, structures, Or other obstRACliOTIS. 3 Gramm, for itsel9 aild its successors and assigns, agrees to hold Grantee, its successors and ,assigns, harmless l'or replacement tancVor repair of paving- landsenping and tcnces as a result of`future; system maintenance and repair. All underground itrcilitics arc to be installed it) accordance with be provisions of GmMe.e's L7nrlcryto nd Distt bmWn I stallrnent Plan, N('[.1C' Docket F-7, ` Uh 828, receipt of cope of which is acknowledged by Grantor. IN WITNESS NVII RE01" this inswument is executed on this clay of' GRANTOR C()UNT'Y OF ORANG-. Name: Me: STATF 1117 NORTH C'ARO L.INA C'C)(1NTV OF a Notary PAHc for said C'ottnty and ;Mate,certify that personatly came before me this day and acknowledged that he/she is of we Coy of, and that by authority duly given and as the act of the City,the tbregoing insv umem was signed in its name by its Witness my hand and official seal, this day oC -- - 1"arVy 4'oarrmissiun Expires Notary Public Affix (Notary or Corporation) Seal i 1 v ENERGY RI, ELEMENTARY 11 350 CALDWELL ST 0 ID VISITGR PARKING OMIOJ ED CGb1i�:1''.JNITY' � GARDE EN � � y L—Li `L"� GPVO��/ POLE :PHASE JVERHEAD PRIMARY'!l`IRE - sPH4SE UNDERGROUND PR VAR WIRE - -- - °---° — ^P-- ANCHOR PADNIOUNT TRANSFOREIER 0 5 y ... June 6, 2013 Mr. Jeff Thompson Asset Management Services Director Orange County Government 131 W. Margaret Lane P.O. Box 8181 Hillsborough, NC 27278 Dear Jeff, Thank you for the assistance in securing approval of the utility easements and dedications associated with the building of Northside Elementary School. As you are aware, G'4/ttASA and Duke Power as part of their overall project approval require the easements and dedications. Both approvals are needed for final Certificate of Occupancy issued by the Town of Chapel Hill_ The School District understands the need for the easements and dedications and fully supports their approval. We understand these items will be on the June 18, 2013 Board of Commissioners meeting agenda and look forward to their consent. Thanks again for your help and let me know if you need any additional information. Sincerely, William J. ullin Executive Director of School Facilities cc. Todd Lol=rese