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Home My WebLink AboutAgenda 02-17-2026; 8-i - Approval of Duke Energy Easement for the Construction and Maintenance of Underground Power Lines on County Property Leased to TowerCo 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: February 17, 2026 Action Agenda Item No. 8-i SUBJECT: Approval of Duke Energy Easement for the Construction and Maintenance of Underground Power Lines on County Property Leased to TowerCo DEPARTMENT: Asset Management Services (AMS) ATTACHMENT(S): INFORMATION CONTACT: 1.) Duke Energy Easement Document Alan Dorman, AMS Director, 919-245- 2.) Site Plan 2627 PURPOSE: To approve an easement with Duke Energy for the construction and maintenance of underground power lines for a communications tower being built by TowerCo on property leased from the County, and authorize the County Manager to sign the easement documents, after final review by the County Attorney. BACKGROUND: At the June 18, 2024 Business meeting, the Board approved a lease with TowerCo for the construction of a communications tower on County-owned property located on Walnut Grove Church Road.. To provide electrical power to the communications tower, Duke Energy requires a construction and maintenance easement for an underground power line. The easement will run beside the gravel road being built as part of the construction for the tower, as shown in the site plan (Attachment 2). FINANCIAL IMPACT: There are no financial impacts related to the approval of this easement for Duke Energy. ALIGNMENT WITH STRATEGIC PLAN: This item supports: • MISSION STATEMENT — Orange County is a visionary leader in providing governmental services valued by our community, beyond those required by law, in an equitable, sustainable, innovative and efficient way RECOMMENDATION(S): The Manager recommends that the Board: 1) approve an easement with Duke Energy for the purpose of the construction and maintenance of underground power lines for a communications tower being built by TowerCo on property leased from the County; and 2) authorize the County Manager to sign the easement documents, after final review by the County Attorney. 2 Prepared by: Duke Energy Carolinas,LLC Parcel#9867419070 Return to: Duke Energy Carolinas,LLC Attn: Jay Ramsey 4412 Hillsborough Rd Durham,NC 27705 EASEMENT State of North Carolina County of Orange THIS EASEMENT("Easement")is made this day of 20 , from ORANGE COUNTY,NORTH CAROLINA, a North Carolina a body politic and corporate of the state of North Carolina("Grantor",whether one or more),to DUKE ENERGY CAROLINAS,LLC, a North Carolina limited liability company("Grantee"). Grantor, for and in consideration of the sum of One and 00/100 Dollar($1.00) and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, does hereby grant unto Grantee a perpetual and non-exclusive easement,to construct,reconstruct, operate,patrol,maintain,repair,replace,relocate, add to,modify, and remove electric and communication lines including,but not limited to, all necessary supporting structures, and all other appurtenant apparatus and equipment for the transmission and distribution of electrical energy, and for technological purposes related to the operation of the electric facilities and for the communication purposes of Incumbent Local Exchange Carriers (collectively, "Facilities"). Grantor is the owner of that certain property described in that instrument recorded in Deed Book 4209,Page 385, Orange County Register of Deeds("Property"). The Facilities shall be underground, except as needed on or above the ground to support the underground Facilities, and located in,upon, along,under,through, and across a portion of the Property within an easement area described as follows: A strip of land twenty feet(20') in uniform width, lying equidistant on both sides of a centerline,which centerline shall be established by the center of the Facilities as installed, along with an area ten feet(10')wide on all sides of the foundation of any Grantee enclosure/transformer,vault and/or manhole, (hereinafter referred to as the "Easement Area"). The rights granted herein include,but are not limited to,the following: For Grantee's Internal Use: Page 1 of 3 Work Order#:60538877-20 3 1. Grantee shall have the right of ingress and egress over the Easement Area,Property, and any adjoining lands now owned or hereinafter acquired by Grantor(using lanes, driveways, and adjoining public roads where practical as determined by Grantee). 2. Grantee shall have the right to trim, cut down, and remove from the Easement Area, at any time or times and using safe and generally accepted arboricultural practices,trees, limbs,undergrowth, other vegetation, and obstructions. 3. Grantee shall have the right to trim, cut down, and remove from the Property, at any time or times and using safe and generally accepted arboricultural practices, dead, diseased,weak, dying, or leaning trees or limbs,which, in the opinion of Grantee,might fall upon the Easement Area or interfere with the safe and reliable operation of the Facilities. 4. SECTION INTENTIONALLY OMITTED 5. SECTION INTENTIONALLY OMITTED 6. Grantor shall not place, or permit the placement of, any structures,improvements, facilities, or obstructions,within or adjacent to the Easement Area,which may interfere with the exercise of the rights granted herein to Grantee. Grantee shall have the right to remove any such structure, improvement, facility, or obstruction at the expense of Grantor. 7. Excluding the removal of vegetation, structures, improvements, facilities, and obstructions as provided herein, Grantee shall promptly repair or cause to be repaired any physical damage to the surface area of the Easement Area and Property resulting from the exercise of the rights granted herein to Grantee. Such repair shall be to a condition which is reasonably close to the condition prior to the damage, and shall only be to the extent such damage was caused by Grantee or its contractors or employees. 8. The rights granted in this Easement include the right to install Facilities wherever needed on the Property to serve future development on the Property and adjoining lands. Portions of the Facilities may be installed immediately and other portions may be installed in the future as the need develops. Facilities installed in the future shall be installed at locations mutually agreeable to the parties hereto if they are to be located outside of the Easement Area.Upon any future installations of Facilities at mutually agreed locations,the Easement Area shall be deemed to include such future locations. 9. All other rights and privileges reasonably necessary,in Grantee's sole discretion, for the safe,reliable, and efficient installation, operation, and maintenance of the Facilities. The terms Grantor and Grantee shall include the respective heirs, successors, and assigns of Grantor and Grantee. The failure of Grantee to exercise or continue to exercise or enforce any of the rights herein granted shall not be construed as a waiver or abandonment of the right thereafter at any time, or from time to time,to exercise any and all such rights. TO HAVE AND TO HOLD said rights,privilege, and easement unto Grantee, its successors, licensees, and assigns, forever. Grantor warrants and covenants that Grantor has the full right and authority to convey to Grantee this perpetual Easement, and that Grantee shall have quiet and peaceful possession,use and enjoyment of the same. For Grantee's Internal Use: Page 2 of 3 Work Order#:60538877-20 4 IN WITNESS WHEREOF, Grantor has signed this Easement under seal effective this day of 20 ORANGE COUNTY,NORTH CAROLINA a North Carolina a body politic and corporate of the state of x (SEAL) TRAVIS MYREN, COUNTY MANAGER Attest: Name : , Title: STATE OF COUNTY OF I, , a Notary Public of County, State of certify that TRAVIS MYREN personally appeared before me this day and acknowledged that he/she is of ORANGE COUNTY,NORTH CAROLINA, a North Carolina a body politic and corporate of the state of North Carolina,and that by authority duly given and as the act of said a body politic and corporate of the state of North Carolina,the foregoing EASEMENT was signed in its name by its COUNTY MANAGER, sealed with its official seal, and attested by herself/himself as its Witness my hand and notarial seal, this day of , 20 Notary Public: Commission expires: For Grantee's Internal Use: Page 3 of 3 Work Order#:60538877-20 DUKE ENERGY �' N Seale Scope 4l Walk Ed—dm I.PNase Pr.- -' n Pesea atl tower Imaxvn.line -II run aleiyW ide o4ehe naw 1, a m:aaiaa .ea<ima<.a A o0of C t,anstruwction Notes Pape M 1]11685 COMMRLI�LC _ — HI.W8G11pVE LNNRLM NO, ff� � NILLSpO—NOUGN,NG,R]T)9-6219, pS6 y neige j .............__...._.......,.,, wtkan Baan WIN—en V a ~'':C,_ TNWEAr�v MfYDPlGS 11L tf \\ \\\V\ � Eu�i5.p19vliPmwv �� 19�12U1 (rff lI1J�l 12.9]-7(].8,7.2 kY F1'ryKUCUGPYm+"v.r"�.."... � 11g�sLemn P[eteelfve Oevlces ivoyoaaa UGLmNi[C____� Pwo:ed B6W lertee enaW ir.�.. 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