HomeMy WebLinkAboutAgenda - 06-17-2003-8uORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 17, 2003
Action Agenda
Item No. ~ - U
SUBJECT• Electrical Easement for Norfolk-Southern Railway Signal Light
DEPARTMENT: County Manager/County PUBLIC HEARING: (Y/N) No
Engineer
ATTACHMENT(S):
Memo from Duke Power to BOCC
Right of Way Agreement Provided by
Duke Power
Memo from Kevin Lindley, Engineering
Specialist to Paul Thames, County
Engineer
GIS (Photo) Map of the Proposed
Easement
Diagram of Proposed Easement
Provided by Duke Power (to be
provided at meeting if requested)
INFORMATION CONTACT:
Kevin Lindley, Engineering Specialist
Ext. 2313
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 336-227-2031
PURPOSE: To provide for BOCC review and approval of an electrical (Duke Power) utility
easement for an overhead power line necessary to serve aNorfolk-Southern Railway signal
light.
BACKGROUND: With BOCC approval, Duke Power will extend electrical service from an
existing distribution line at the end of Valley Forge Road, near the Builder's First Source facility,
to serve a proposed Norfolk-Southern signal light beside the railroad track. Service will consist
of one span of overhead lines run to a new pole to be installed beside the existing side track
which services Builder's First Source.
Staff has received responses from Duke Power addressing some concerns that had been
expressed. These are discussed in an attached memo.
FINANCIAL IMPACT: None anticipated.
RECOMMENDATION(S): The Manager recommends that the Board approve and authorize
the Manager to execute an easement agreement subject to County staff, the building
contractor, and Duke Power agreeing on 1) a suitable easement routing that avoids damaging
or cutting existing trees and 2) satisfactory (to the County Attorney) easement documents.
D uk e P ower
C om pa ny
Memo
To: Orange County Board of Commissioners
From: Duke Power Company
Date: May 12, 2003
Re: Norfolk & Southern Railway
Duke Power Company has received a request from Norfolk & Southern Railway to serve a
signal light installed beside the railroad near the Duke Power Company transmission right-of-
way off Valley Forge Road. The nearest Duke Power Company distribution facilities are
adjacent to the gate entering Builders First Source site at the end of Valley Forge Road.
Duke Power Company is requesting aright-of-way to construct one span of overhead lines to
anew pole to be installed beside the existing side track serving Builders First Source.
Sincerely,
Richard D. Lloyd
Duke Power Company
Engineering Department
Project No. 286042
Drawn By: Richard 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 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, 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 clear 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 area within ten feet of said door clear
of trees, structures or other obstructions. All underground facilities are 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
President
By
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 acknowledged 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
Affix (Notary or Corporation) Seal
The foregoing certificate(s) of
is/are certified to be correct. This
day of , A.D.,
REGISTER OF DEEDS FOR
By
2 of 2
COUNTY
Assistant-Register of Deeds.
s
MEMORANDUM
TO: Paul Thames, County Engineer
FROM: R. Kevin Lindley, EIT, Engineering Associate
DATE: 6/12/03
SUBJECT: Electrical Easement for Norfolk-Southern Signal Light
Duke Power was provided with a list of concerns regarding the electrical easement that they need to
extend power to a proposed Norfolk-Southern signal light. Ronald G. Osborne, Jr., a representative of
Duke Power, has responded to these concerns by email. Following is a list of the questions posed to
Duke Power and Mr. Osborne's responses.
If a license agreement in lieu of an easement is legally possible, would Duke Power
consider extending service under such an agreement, which the County Commissioners
could revoke if necessary at some unspecified time in the future?
A right of way conditional with any sort of terminable or revocable
terms is not acceptable. I offer Leaf V of the Duke Power Service
Regulations, as approved by the North Carolina Utilities Commission as
reference:
"The Customer shall at all times furnish the Company a
satisfactory and lawful right of way over his premises for the
Company's lines and apparatus necessary or incidental to the
furnishing of service. The Customer shall also furnish
satisfactory shelter for meters and other apparatus of the
Company installed on the premises, except where the Company
elects to install such equipment outdoors.
The Company may change the location of the right of way upon
request of the Customer, and may require the Customer to pay
the cost of the change. The change will not be made where it
will interfere with or jeopardize the Company's service, either
to the Customer requesting the change, or to any other customer
or customers. All privileges of the Company related to the
original location shall apply to the new location.
The obligation of the Company to supply service is dependent
upon the Company securing and retaining all necessary
rights-of--way, privileges, franchises or permits, for the
delivery of such service, and the Company shall not be liable
to the Customer for any failure to deliver service because of
the Company's inability to secure or retain such rights-of--way,
privileges, franchises, or permits."
2. If a license is not possible and/or Duke Power's own internal policies prevent agreement
to such an arrangement, is Duke Power willing to agree to an easement with the provision
that if the use of the land changes in the future and the supply lines to the signal light
need to be moved, Duke Power will do so at its own expense?
Any relocation would be subject to Duke Power's customer requested relocation policy,
the relevant portions of which I have presented below.
"Customer's needs and desires for utilizing their property
change from
time to time, resulting in a physical conflict that
necessitates the
relocation of our facilities. If the requested relocation on
the customer's
property is associated with a project that will increase
revenue, the cost
of the relocation is offset by the estimated, additional three
year revenue
compared to the most cost effective and reliable design. If the
requested
relocation on the customer's property is solely for aesthetics,
that is, not
associated with a project that will increase revenue, the
requesting party
is responsible for the entire cost of the relocation.
This policy applies to the relocation of facilities of
like-kind, i.e., overhead to overhead, or underground to
underground."
3. Could Duke Power run the lines underground?
Underground service maybe provided subject to the provisions of Duke
Powers Underground Distribution Plan, which I have attached.
(This four-page document is included as an attachment to this memo. There do not
appear to be any provisions that would prohibit underground service.)
4. There was a question concerning the rationale behind installing a new pole between
Builder's First Source and the Valley Forge Road supply fine, rather than extending
service from the existing pole on Valley Forge Road. According to Richard Lloyd,
7
project engineer for Duke Power, the existing pole has too much hardware connected to it
already. To run service from that location would involve removing that existing pole and
installing a new one that could handle the additional lines. Therefore, installing a new
pole between Valley Forge Road and Builder's First Source was simpler and more cost-
effective. In addition, there is a tree that would come into play if service was extended
from the existing pole. The tree is avoided if a new pole is installed.
If additional information is needed, please advise.
s
DUKE POWER COMPANY
UNDERGROUND DISTRIBUTION
INSTALLATION PLAN
AVAILABILITY
Normally, the Company's distribution and service facilities are installed above-ground on poles, towers, or other
fixtures. At the request of an owner (including builders, developers, contractors and customers), the Company will
install, own and maintain underground facilities under the terms and conditions of this Plan.
At the determination of the Company, in those areas where it is physically or economically infeasible, or impractical,
to place facilities above-ground due to structural or geographical congestion or load density, the Company may place
its facilities underground at its own option and expense.
DEFINITIONS
The term "overhead facilitie3 as used in this Plan, means an electrical distribution system having all components
installed above ground level.
The term "underground facilities as used in this Plan, means an electrical distribution system having some, or all,
components installed below ground level.
A "bulk feeder is a conductor system transporting the total electrical requirements of a large area from a substation
or other supply point into such an area, which may consist of several residential developments and other loads. A
"subfeedei' is a conductor system branching off of the bulk feeder to supply the requirements of a certain portion of
the area. The subfeeder may terminate in a given development, but the bulk feeder may, or may not, pass through the
development to serve adjacent areas.
A "primary voltage loop system" of conductors provides multiple supply routes to more than one transformer serving
the load requirements. A "primary voltage radial extension" of underground facilities consists of a single supply
route to a single transformer serving the load requirements.
"Secondary facilitie3' consist of equipment necessary to provide secondary voltage from the Company's transformer
to the owner's delivery point. "Primary facilitids consist of equipment, including transformation, to supply primary
voltage into the owner's property or development.
"Cost differene~' is the amount by which the estimated cost of underground facilities exceeds the estimated cost of
comparable overhead facilities, but not less than zero.
"Loss due to early retirement" is the original cost of the facilities involved, less accrued depreciation, less salvage,
plus the cost of removal.
SERVICE CATEGORIES
I.
RESIDENTIAL SERVICE
At the request of an owner, the Company will install, own and maintain underground facilities for service to single
residences, apartments, condominiums, and manufactured homes following these Plan provisions. Any charge to the
owner is for the cost difference of the necessary underground facilities requested and is non-refundable. The signed
agreement with the owner for underground service shall specify the payment arrangements.
A. Permanent Residences
Residences which are to be permanent customer locations on a residential rate schedule of the Company will be served
from underground facilities as shown below.
(1) New Service Installations Located in New
Developments
Service to new residences on lots averaging an acre
(43,560 sq. ft.), or less
Service to new residences on lots averaging more
than one acre
No Charge
No charge except for cost difference of new primary
facilities exceeding 300 feet per lot.
(Page 1 of 4)
q
(Underground Distribution Installation Plan (NC & SC) Continued)
(2) New Service Installations Not Located in New
Developments
Service to new residences requiring new
underground secondary voltage facilities from an
above-ground distribution line on, or adjacent to, the
lot on which the residence is located
Service to new residences requiring new
underground primary and secondary voltage
facilities
(3) New Three-Phase Service Installations
Three-phase service to new single-residence
structures, where this type of service is available
Three-phase service to new multi-residence
structures, where this type of service is available
No Charge
No charge except for cost difference of new primary
facilities exceeding 300 feet.
No charge except for cost difference of new primary
facilities exceeding 300 feet.
No Charge
B. Other Residences
Residences which are in service categories not described above, will be served from underground facilities installed,
owned, and maintained by the Company under an agreement with the owner providing for payment to the Company of
the charges, if any, equal to the cost difference.
II.
NON-RESIDENTIAL SERVICE
At the request of an owner, the Company will install, own and maintain underground facilities to new general service
and industrial service installations following these Plan provisions. Any charge to the owner is for the cost difference
of the necessary underground facilities requested and is non-refundable. The signed agreement with the owner for
underground service shall specify the payment arrangements.
(1) New Service Installations Requiring Only Secondary
Voltage Facilities
(2) New Service Installations Requiring Primary
Voltage Loop System Facilities
(3) New Service Installations Requiring Primary
Voltage Radial Extension Facilities
(4) New Bulk Feeder and Subfeeders
CONVERSION TO UNDERGROUND
No Charge
No Charge
No charge except for cost difference of single-phase
primary facilities exceeding 300 feet, or three-phase
primary facilities exceeding 500 feet. For three-phase
primary facilities exceeding 500 feet, additional
underground footage will be provided at no charge
when installation of underground facilities is less than
comparable overhead facilities.
Cost difference of such primary facilities
The Company will replace an existing overhead distribution system with an underground system in an existing
residential development or other area under the following terms and conditions:
I. The Company shall place facilities underground by an agreement with the requesting persons which provides for
payment of a nonrefundable, contribution-in-aid-of-construction as follows:
a. When the existing overhead distribution system is not adequate to supply the customer's load due to added
electrical load, the contribution in aid of construction shall be equal to the cost difference between comparable
overhead and underground facilities.
b. When the existing overhead distribution system is adequate to supply the customer's load, the contribution in
aid of construction shall be equal to the cost of comparable underground facilities, less any salvage value of
the overhead system.
(Page 2 of 4)
~~
(Underground Distribution Installation Plan (NC & SC) Continued)
2. Preliminary engineering studies are necessary to determine the approximate costs of replacing overhead with
underground facilities. Persons requesting replacement of such facilities shall pay, prior to commencement of
such studies by the Company, a good faith, nonrefundable deposit in an amount of $100 for each 600 feet of
front lot lines for residential development studies, and, for studies of all other service areas, the estimated cost of
the preliminary engineering study. If the replacement is undertaken following completion of such studies, actual
costs, including preliminary engineering studies, will be charged and credit will be given for the estimated costs,
or deposit, which was advanced.
3. The Company need not replace existing overhead systems with underground facilities, except individual services
from pole to residence, unless at least one block or 600 feet of front lot line is involved, whichever is less.
4. All customers served directly from the specific section of line or in the area to be replaced with underground
facilities shall agree to the conditions outlined for replacement of overhead facilities.
5. Owners shall arrange the wiring of their structures to receive underground service at meter locations which allow
unimpeded installation of the underground service facilities.
ESTIMATES
Estimates of the cost of the underground and overhead facilities for the purpose of determining the amount of the
contribution-in-aid-of-construction will be in accord with the Company's current construction design practices and
shall be based upon the equivalent conductor and transformer capacity required for the electrical load specified by the
owner.
GENERAL PROVISIONS
1. Facilities associated with an underground distribution system, other than the conductors, may be installed above
or below ground level as determined solely by the Company in accord with the current construction design
practices of the Company.
2. The Company will normally not provide underground service at secondary voltages above 480 volts.
3. The Company will provide service to a single transformer using a loop system design at the request of the owner
who desires to have a loop system installed and makes a payment equal to the estimated cost of the additional
facilities in excess of the radial extension facilities.
4. Existing overhead distribution bulk feeders will remain installed overhead unless the owner desires to have them
installed underground. New bulk feeders necessary to serve a new underground residential subdivision will be
installed overhead unless the owner desires to have them installed underground, and makes acontribution-in-aid-
of-construction equal to the estimated cost difference between underground and overhead facilities. If it is
necessary to extend a distribution bulk feeder through an existing underground residential development, it will be
installed underground at Company expense.
5. New subfeeders necessary to serve a new underground subdivision or development will be installed underground
inside such areas at no charge. New subfeeders outside such areas normally will be installed overhead, unless the
owner desires to have them installed underground and makes a payment equal to the estimated cost difference.
6. Developments shall be divided into established and defined lots. For purposes of determining service categories,
the average size of lots shall be expressed in square feet.
7. Prior to the installation of the underground distribution system by the Company, the final grade levels of the
building sites shall be established by the owner. The building construction program shall be coordinated with the
installation of underground electrical facilities to permit unimpeded access of the Company's equipment to the
installation sites; to allow installation of underground facilities at proper depth and before streets, curbs or other
obstructions are installed; and to eliminate dig-ins to the underground electrical facilities after installation.
Should streets, curbs or other obstructions be present prior to installation of underground facilities, resulting in
additional expense to the Company, payment for these additional expenses shall be made to the Company by the
owner. Should established lots or final grade levels change after installation of underground electrical facilities
has begun, or if installation of electrical facilities is required by the owner before final grades are established,
and either of these conditions results in additional expenses to the Company, payment for these additional
expenses shall be made to the Company by the owner.
8. Should existing sidewalks, septic tank systems, fuel tanks, other utility line, or other man-made obstructions
result in additional expenses to the Company, payment for same will be made by the owner.
9. Actual costs brought about in connection with the compliance of special requirements, if any, of
municipalities, State and Federal highway agencies or departments regarding the breaking of pavement,
ditching backfilling, and other related conditions, will be paid by the owner.
(Page 3 of 4)
(Underground Distribution Installation Plan (NC & SC) Continued)
10. The Company will make, or adjust, charges to the owner to collect the actual additional costs to the Company
due to adverse conditions, such as: the composition of the land where the underground facilities are to be
installed is such that standard construction equipment cannot be used to complete the installation; or, special
equipment and materials are needed for stream crossing structures or concrete structures; or, dynamite is
required; or, if abrupt changes in final grade levels exceed a slope ratio of 1 when measured within three feet of
the trench.
I1 The Company's agreement to provide underground service is dependent upon the securing of all necessary
rights, easements, rights-of--way, privileges, franchises or permits for the installation of such service from those
requesting the underground facilities. The Company shall exercise care in the utilization of its underground
equipment during construction, but the ultimate responsibility for the protection of shrubs, trees, and grass sod
will be with the owner. Shrubs, trees, or any other obstacle shall not be placed within ten feet of transformer or
cabinet openings which would hinder the access of the Company at any time.
12. Temporary service will not be available in the area served from underground facilities until the underground
system is in place unless the owner elects to pay the "in and out" costs of temporary facilities necessary to
deliver the temporary service from overhead distribution lines. After the underground facilities are in place,
temporary service maybe provided for no charge only at a transformer or pedestal location.
13. Underground conductors to provide service to Company-owned outdoor lighting will be furnished under the
applicable rate schedule on file with and approved by the Commission.
14. The Company will provide and coordinate underground service facilities with other requested facilities which are
supplied under the Extra Facilities provision of the Company's Service Regulations.
Effective December 21, 1994
NCUC Docket No. E-7, Sub 552
Effective January 1, 1995
SCPSC Docket No. 94-765-E
Order No. 94-1306
(Page 4 of 4)
~~
m
E
d
R
w
L
d
3
0
a
d
0
d
0
a
0
L
a
Q. ~
~p O
~ ~ .c
~, o ,o
~~a~
o ,~
N ... O
C O d ~
U o ~ o
a °~ a.
ca
H~~~
p o m ~
Z c~t~
~~~~ /~ ,
_/
r. ~ ~~~
0
0
N
r
~-
;, r ~ .~
\\ ~ ~ r'
\:~r
~~ ~` `.r
P ~~ ~ ~
~3. _~. _:~.,_
4y r
~.~~"f l
~.~/
r~-~'
c-~
L
a
C~
W
~ ~
m
m
0
~~
0
0
0
N