HomeMy WebLinkAboutAgenda - 06-12-2007-4ffORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT.
Meeting Date: June 12, 2007
Action Agenda
Item No. ~-' ~-~
SUBJECT: Duke Energy Right-of-Way at Durham Technical Community College -Orange
Campus
DEPARTMENT: Purchasing and Central PUBLIC HEARING: (Y/N) No
Services
ATTACHMENT(S): INFORMATION CONTACT:
Pam Jones (919) 245-2652
Right of Way Agreement
PURPOSE: To consider approving a right of way agreement as requested by Duke Energy for
power lines to be installed for the Durham Technical Community College satellite campus in the
Waterstone development, Hillsborough.
BACKGROUND: Duke Energy will be installing certain underground power transmission lines
to provide service to the Durham Technical Community College -Orange Campus in
Hillsborough and has requested the customary 10' easement on each side of the installed lines.
The lines will be installed in conduit that lies in the existing roadway right-of--way that has been
cleared for the developer's roadway. Although the line from the roadway to the building will cut
through an area with existing trees, the trees are in poor condition and have been approved by
the Town of Hillsborough to be removed and replaced with more appropriate trees. The
replacement of the trees is included in the scope of work for the project.
The College has executed the agreement and requests that the County, as joint property owner,
do likewise.
FINANCIAL IMPACT: There is no financial impact associated with approving this agreement.
RECOMMENDATION(S): The Manager recommends that the Board approve the right of way
agreement with Duke Energy for underground power lines at the Durham Technical Community
College -Orange Campus; and authorize the Chair to sign on behalf of the Board.
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~'~'R No. ~ l~i`~ `~'7 ~4.~ Resp. ~~ ~~ `// Project _ ~ 1 C it --_-- Return Address: Duke I=ner~sv Carolinas
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Project Description: ~ r ~ C, I ~' yt r~: ~ r _ ~-'_. - --1~1 f'- f" + ~! f -~l ~ -- f1 .. --
S"I'A"fE Oh NO}2"fII CAROLINA I21G1IT OF R':~Y AGRLEIIENT
COUti'1'1' OF ~` '>=ti i~ ~ ; `~ 1.
tiNOW ALL i<IEN 131' THESE PRESENTS, That ORANGE- COUNTY, a body politic and corporate and TILL TRUSTEES 01=
DUftl-tAM TECHINCAL COMA4UNIT1' COLLEGE, a body corporate, hereinafter called "Grantor" (whether one or more), in
consideration of the sum of One Dollar (.x.,1.00) and other good and valuable considerations, does hereby grant wtto DUKE
ENERGY CAROLINAS, LLC, and its successors altd 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 a ~ ~ ~ `_ ,~ .^ ,,
and over and across said premises within aright-of-way strip (check applicable):
^ having a width of feet on each side of a centerline deternined by the centerline of the electrical facilities as installed, to
construct, maintain and operate with poles, crossarnls, 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, no~a~ or at
any time in the future, trees, structures or other obstructions that may endanger the proper maintenance and operation of said li~.~es
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 rig}n-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 constnuct, 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. "1-he lollowing rights arc 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-ol=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 undergrowid facilities are to be installed in
accordance with the provisions of Grantee's Underground Distribution Installment Plan, NCUC Docket E-7, Sub 5~2, receipt old a
copy of which is acla~owlcdgcd by Grantor.
"this right-of--way is given to perniit the construction or modification of facilities presently proposed. Facilities at other locations
and future extensions .of presently constructed facilities are not permitted by this agreement. The i'oregoing notwithstanding.
3
Grantee may relocate its Cacilities and right-of way strip over the premises to conform to any future highway or street relocation,
widening or improvement.
Iti WI't'i\ ESS ~V(IERI:OF, this instnunent is executed on this ___ ___ day of
<iI~AN"I~OIt
Orange County,
a body pcilitic and cnrporalc
13v: _
(5r. nature of Si~ n rtury)
Name:
(N'amr ofSignatoty)
"f itlc: _
(P~r~iiirm'Iitlr)
~T.-1~l~Ev'1~ NiiRTt~ CAROi.iN,a. COUNTY
I certify that the Ibllowing person(s) personally appeared before me this day, each acknowled~in~ to me that he or she signed the
foreaoine document:
Date:
My Commission Expires
Notary Public
~Signatures Continue on Following Page
Affix (Notary or Corporation) Scal
GRANTOR
The "Trustees of Durham Technical Conununit}~ College,
a body corporate
_. ~
~- f -- -' ~
I Sign.iUn•c ui~ Signat~_~n~)
~ \ t1 _
Name: __ 1_~_'3 \ 1~.r_ V~~ _L!'i j~l t~ ~_~ • _ __ ___.. _
IN.iirrl ~tl'Si~n~~i~J
Title: '~~"~~ _~ ~~-!~I
(I'i»iti~~n'~-itlc)
STATE OF NORTt-I C'AROLINA.,`~U~~a~? ____ COUN"Tl'
I certify that the followinu -~ do (s) personal) • appeared
I~irc~~oing document: a~
(7ate~_~~ ~ 7_
1`9y Commission Expires d ~~0 6~
me this day. each acl:no«~led<~ing to me that he or she si~~ned the
i~.r,
Notary Public.
Attu ~Votury or Cuiporation) Seal