HomeMy WebLinkAbout2014-229 AMS - NCDOT - Agreement to Entry - Mt. Willing Rd. Bridge Construction Efland NC Please return this copy to the Clerk to the Board's
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AN-' office for permanent agenda file.
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AGREEMENT FOR ENTRY
RETURN TO: Division Right of Way Agent
NCDOT Right of Way Branch,Division 7
1101 E. Wendover Ave., Suite 200
Greensboro,NC 27405
STATE OF NORTH CAROLINA TIP NO.: 068SR1120
Orange COUNTY WBS ELEMENT 17BP.7.R.62
PARCEL NO: 068SR1120 003
THIS AGREEMENT made this the l 5`k day of API? L- 120 14 by
and between the North Carolina Department of Transportation(hereinafter called the Department)and
Orange County,a political subdivision of the State of North Carolina P.O. Box 8181 Hillsborough,NC 27278
(hereinafter called the owners);
WITNESSETH
THAT WHEREAS,the Department desires to enter certain lands of the owners located in
Cheeks Township, Orange County,described as follows:
Permanent Drainage Easement described as follows:
Point of beginning being N 56 049'48"E, 51.61 feet from-L-STA. 13+00;thence to a point on a bearing of N 21c,17'32"E,a
distance of 48.0 feet;thence to a point on a bearing of S 68°42'28"E,a distance of 10.0 feet;thence to a point on a bearing of
S 21017'32"W,a distance of 40.0 feet;thence to a point on a bearing of S 72 03757"W,a distance of 12.8 feet; returning to
the point and place of beginning.
Temporary Construction Easement described as follows:
Point of beginning being N 73 046'17"E, 37.82 feet from-L-STA. 13+00;thence to a point on a bearing of N 21 017'32"E,a
distance of 19.0 feet; thence to a point on a bearing of N 72°37'57"E,a distance of 12.8 feet;thence to a point on a bearing of
S 2101751"W,a distance of 22.4 feet;thence to a point on a bearing of S 86 048'27"W,a distance of 8.2 feet;thence to a
point on a bearing of S 86 04877" W,a distance of 2.8 feet; returning to the point and place of beginning.
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County: Orange TIP No: 068SR1120 Parcel No: 068SR1120 003
for the construction of State Highway Project 17BP.7.R.62 .
WHEREAS,the Department is authorized by G.S. 136-118 to enter into this agreement without filing the pleadings
as set forth in G.S. 136-103.
NOW THEREFORE,in consideration of the mutual benefits inuring to all parties to this agreement and in further
consideration of the mutual covenants contained herein,the parties to this agreement do hereby agree and consent that the
Department,its contractors or agents may enter upon
the above described lands for carrying on the work and construction of Project 17BP.7.R.62 in
accordance with the plans and specifications on file in its office in Raleigh,North Carolina,and that the Department shall
have the same rights for carrying on the work and construction of the project as it would have by filing the pleadings required
in North Carolina General Statute 136-103. The Department's right of entry shall be presumed to begin as of the day and year
of the entry of this agreement as first above written.
The parties hereto agree that the right of entry granted shall not be deemed a trespass on the owners'property and that
the OWNERS DO HEREBY EXPRESSLY WAIVE any claims in the nature of an inverse condemnation against the Department,
its contractors or agents resulting from its entry pursuant to this agreement.
IT IS FURTHER AGREED THAT,the Department shall have this right of entry for the purposes herein stated for the
PERIOD COMMENCING WITH THE DATE OF THIS AGREEMENT AND CONTINUING THEREAFTER UNTIL THE
DEPARTMENT'S ACCEPTANCE OF THE COMPLETED HIGHWAY PROJECT.
IN WITNESS WHEREOF,the parties hereto have set their hands and adopted seals,or if corporate,has caused this
instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its
Directors,the day and year first above written.
During the aforesaid period,the parties hereto shall continue to negotiate a resolution of the owners' claim for
compensation for the property to be acquired for this highway project. In the event the Department determines that such
negotiations have reached an impasse,the Department shall give written notice thereof to the Owners and may file appropriate
proceedings in the Superior Court to determine just compensation as provided in Article 9, Chapter 136 of the General Statutes of
North Carolina. Likewise,the Owners may give written notice to the Department that such negotiations have reached an impasse
and request the Department to file appropriate proceedings in the Superior Court to determine just compensation as provided in
Article 9, Chapter 136 of the General Statutes of North Carolina.
In the event that,as of the date of the acceptance by the Department of the completed highway project,the Department
has not filed proceedings pursuant to Article 9,Chapter 136 of the General Statutes or the Owners'claim for just compensation
for the property acquired for the highway project has not been otherwise resolved a settlement agreement,the Owners shall have
two(2)years following the completion of the highway project in which to proceed to a determination of just compensation in the
Superior Court pursuant to Article 9,Chapter 136 of the North Carolina General Statutes.
The Owners do hereby agree and consent that no interest shall accrue against the Department during the period of entry
set forth herein and do hereby waive any claims for interest except as may be allowed upon any award of just compensation as set
forth in Section 136-113 of the North Carolina General Statutes,and in such case, such interest shall accrue only from the date of
the filing of proceedings in the Superior Court pursuant to Article 9, Chapter 136 of the North Carolina General Statutes.
IN WITNESS WEREOF,the parties hereto have set their hands and adopted seals,or if corporate,has caused this
instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its
Board of Directors,the day and year first above written.
®ti���9ie ` X04
Orange County,a political subdivision of the State of
North Carolina
17 52
BY: o
&6r-
ACCEPTED FOR THE DEPARTMENT OF TRANSPORTATION:
County: Orange TIP No: 068SR1120 Parcel:No 068SR1120 003
North Carolina, O 1?ANC E County
I, u e 1 Irn C e c) ( ,a Notary Public for
c°>R A 6 E County,North Carolina,certify that
O'VW 4t_ S a u e-"rt personally came
before me this day and acknowledged that he/she is the CLERK of
\���WUu!u�;u►ui�i O I�f� 6 45 Ce>[. A. '6 4 ,and that by authority duly given,the
�� Sea •'%��i,,� the foregoing instrument was signed in rts name by $Qy y c4,cc
its CHAIRMAN, sealed with its corporate seal,and attested by
w 1401 5 $a c Y as its CLERK.
Witness my hand and official seal this the ,� z, day of
120 14
Notary Public
My commission expires: /JF '-X ��