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Agenda - 01-18-2000 - 8r
ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 18, 2000 Action Agenda Item No. I- y- SUBJECT: Resolution Authorizing Agreements Between Norfolk Southern Railway Company, the North Carolina Railroad, and Orange County for the Installation and Maintenance of a Sanitary Sewer Pipeline for Barber & Ross Facility in The Buckhorn Road Economic Development District DEPARTMENT: Economic Development PUBLIC HEARING: (YIN) No ATTACHMENT(S): Attachment A: Resolution Attachment B: Agreement between the County and Norfolk Southern Railway Company Attachment C: Agreement between the County and the North Carolina Railroad Attachment D: Agreement between the County and Barber & Ross INFORMATION CONTACT: Dianne Reid, ext 2325 Paul Thames, ext. 2303 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 9684501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: In order to complete the installation of a sanitary sewer line connecting the Barber & Ross plant to the Efland Sewer System, it is necessary to bore under the railroad which lies north of the property. Norfolk Southern requires that the agreement covering such a connection be with a public body rather than a private entity. The attached Resolution (Attachment A) authorizes the County Manager to sign the agreements with Norfolk Southern (Attachment B) and with the North Carolina Railroad (Attachment C), and the attached Agreement (Attachment D) spells out the obligations of the County and Barber & Ross regarding this matter. BACKGROUND: As previously authorized by the Board of County Commissioners, Barber & Ross is connecting its sanitary sewer stream to the Efland Sewer System by constructing a pump station and running a 3-inch pipeline to the nearest manhole on Route 70. This project requires boring under the railroad owned by the North Carolina Railroad and leased to Norfolk Southern. Because of the difficulty of securing railway permits, the agreements ensure that the proposed boring and pipe casing will serve as the connector if and when sewer is extended throughout the Economic Development District. Accordingly, the County and Barber & Ross have agreed that: • Barber & Ross will purchase and maintain the required liability insurance covering the pipeline, and will indemnify the County to the extent of the insurance limits; The County will seek a change in the proposed agreement with the Railway noting that the pipeline can be increased at some future date from a 3-inch pipeline to an 8-inch pipeline; and Barber & Ross will provide an easement through its property for possible future connection to a gravity sewer system serving the entire Economic Development District. FINANCIAL IMPACT: There is no financial impact. RECOMMENDATION(S): The Manager recommends that the Board adopt the resolution. Resolution Relative to Efland Sewer System Facilities On or Across Properties Owned or Controlled by Barber & Ross Company, the North Carolina Railroad Company and Norfolk Southern Railway Company WHEREAS, Barber & Ross Company approached orange County about opening a new millwork plant in the unused Redman Mobile Home building and serving that facility by an extension of the Efland sewer system; and WHEREAS, Orange County agreed to allow Barber & Ross Company to construct a force main type extension of the Efland sewer system to provide sewer service to the Barber & Ross Company facility; and WHEREAS, extension of the Efland sewer system to serve the 3 Barber & Ross Company facility entailed installing portions of the sewer force main in public - NCDOT and the North Carolina Railroad Company/Norfolk Southern Railway Company - rights-of-way; and WHEREAS, NCDOT and railroad companies typically require that water and sewer utilities installed within their respective rights-of-way be owned and operated by a public utility or a government agency; and WHEREAS, Orange County agreed to assume ownership of the portions of the force main system which were to be located within public - NCDOT and the North Carolina Railroad 4 Company/Norfolk Southern Railway Company - rights-of-way; and WHEREAS, NCDOT and the railroad companies typically require that entities, including government agencies, that own and operate water and sewer utilities that are installed within their respective rights-of-way, execute various types of legal instruments - such as easement agreements that oblige the utility owner to assure that any-problem caused by the presence of the utility or a failure of the utility infrastructure be mitigated by the utility owner.at no expense or liability to the owner of the right-of-way and grantor of the utility easement; and WHEREAS, the North Carolina Railroad Company and the Norfolk Southern Railway Company have included a requirement that an insurance policy be maintained indemnifying them from a failure of the sewer; and WHEREAS, Barber & Ross Company is willing to purchase and maintain such an insurance policy under the specific conditions contained in an agreement between the County and Barber & Ross Company providing for this insurance coverage as described in that agreement and providing for an easement across Barber & Ross Company property for the future extension of the Efland Area Sewer System to serve the Buckhorn Road Economic Development District; and S WHEREAS, Barber & Ross Company has nearly completed its up- fitting of the Redman homes building and has constructed all of the sewer system extension with the exception of the portion which passes under the railroad and through the railroad right-of-way. NOW, THEREFORE, the Orange County Board of Commissioners do hereby (1) approve, in substantially their present form, the following agreements: Barber & Ross Company Agreement and Sewer Easement; Norfolk Southern Railway Company Agreement; and North Carolina Railroad Company Agreement and Consent; (2) authorize the County Attorney and County staff to continue working with the railroads to improve the agreements relative to ultimately providing sewer service to the Buckhorn Road EDD; and (3) authorize the County Manager to execute the agreements with the railroads and with Barber & Ross Company in substantially the form of the agreements attached to this Resolution when those agreements are finalized. This the 18th day of January, 2000. lsg:orangecounty/barber&ross.res 6 THIS AGREEMENT, made and entered into by and between NORFOLK SOUTHERN RAILWAY COMPANY, a Virginia corporation, hereinafter styled "Railway"; and COUNTY OF ORANGE, a North Carolina government entity, hereinafter styled "Licensee": WITNESSETH WHEREAS, Licensee proposes to install, maintain, operate and remove a 3-inch sanitary sewer pipeline in a 12-inch casing pipe, under and across the right of way or property and any tracks of Railway, at Milepost H-36 minus 3,300 feet, at or near MEBANE, Orange County, North Carolina, to be located with any ancillary appurtenances as shown and limited to the installation shown on print of Drawing marked Exhibit A, dated July 2, 1999, attached hereto and made a part hereof (hereinafter called "Facilities"); NOW, THEREFORE, for and in consideration of the premises and payment ofa non-refundable one time preparation fee of TWO HUNDRED AND NO/100 DOLLARS ($200.00) and of the covenants hereinafter made, Railway hereby permits and grants Licensee, insofar as Railway has the right to do, without warranty and subject to all encumbrances, covenants and easements to which Railway's title may be subject, the right to use and to occupy so much of Railway's property as may be necessary for the Facilities, upon the following terms and conditions: 1. Licensee will construct and maintain the Facilities, at its expense, in such a manner as will not interfere with the operations of Railway or endanger persons or property of Railway, and in accordance with (a) plans and specifications (if any) shown on said print(s) and any other specifications prescribed by Railway, (b) applicable governmental regulations or laws, and (c) applicable specifications adopted by the American Railway Engineering Association when not in conflict with plans, specifications or regulations mentioned in (a) and (b) above. For the purposes of this Agreement, maintenance of the Facilities shall be deemed to mean replacement in kind. Any change to the character or capacity of the Facilities shall be considered an upgrade and will require execution of a new agreement. 2. Licensee hereby agrees to indemnify and save harmless Railway, its officers, agents and employees, from and against any and all liability, claims, losses, damages, expenses (including attorney's fees) or costs for personal injuries (including death) and/or property damage to whomsoever or whatsoever occurring which arises in any manner from the installation, maintenance, operation, presence or removal or the failure to properly install, maintain, operate or remove the Facilities, unless such losses, damages or injuries shall be caused solely by the negligence of Railway. 3. Licensee assumes all responsibility for any environmental obligations imposed under applicable laws, regulations or ordinances relating to the installation of the Facilities and/or to any contamination of any property, water, air or groundwater arising or resulting from Licensee's permitted operations or uses of Railway's property pursuant to this Agreement. In addition, Licensee shall obtain any necessary permits to install the Facilities. Licensee agrees to indemnify and hold harmless Railway from and against any and all liability, fines, penalties, claims, demands, costs (including attorneys' fees), losses or lawsuits brought by any person, company or governmental entity relating to contamination of any property, water, air or groundwater due to the use or presence ofthe Facilities. It is agreed that this indemnity provision extends to any cleanup costs related to Licensee's activities upon Railway's property and to any costs related to cleanup of the Facilities or to other property caused by the use of the Facilities. 4. (a) Without limiting in any manner the liability and obligations assumed by Licensee under any other provision of this Agreement, and as additional protection to Railway, Licensee shall, at its expense, pay the Risk Financing Fee set forth in subparagraph (iii) below and shall procure and maintain with insurance companies satisfactory to Railway, the insurance policies described in subparagraphs (i) and (ii). (i) Prior to commencement of installation or maintenance of the Facilities or entry on Railway's property, Licensee, and its contractor if it employs one, shall procure and maintain for the course of said installation and maintenance, a general liability insurance policy naming Railway as an additional insured, and containing products and completed operations and contractual liability coverage, with a combined single limit of not less than $1,000,000 for each occurrence. (ii) Priorto commencement ofany subsequent maintenance ofthe Facilityduring the term ofthis Agreement, Licensee, or its contractor if it employs one, shall furnish Railway with an original Railroad Protective Liability Insurance Policy naming Railway as the named insured and having a limit of not less than a combined single limit of $2,000,000 each occurrence and $6,000,000 aggregate. (iii) Upon execution of this Agreement, Licensee shall pay Railway a Risk Financing Fee of $450.00 pgr installation to provide for such supplemental insurance (which may be self-insurance) as Railway, in its sole discretion, deems to be necessary or appropriate. (b) All insurance required under preceding subsection (a) shall be underwritten by insurers and be of such form and content as may be acceptable to Railway. Prior to commencement of installation or maintenance of the Facilities or any entry on Railway's property, Licensee, or its contractor if it employs one, shall: furnish to Railway's Risk Manager, Three Commercial Place, Norfolk, Virginia 23510-2191 (or such other representative and/or address as subsequently given by Railway to Licensee in writing), for approval, the original policy described in subsection (axii) and a certificate of insurance evidencing the existence of a policy with the coverage described in subsection (axi). 5. The details of the Facilities to be installed and maintained shall be atthe option of Licensee, and subject to the approval ofthe chiefengineering officer of Railway. In case of failure of Licensee to do the work as herein specified, Railway reserves the right to remove the Facilities from Railway's premises at the expense of Licensee, and to terminate this Agreement upon ten (10) days' written notice. -2- 8 6. If Railway shall make any changes, alterations in or additions to the line, grade, tracks, structures, roadbed, installations or works of Railway at or near the Facilities, Licensee shall, at its own cost and expense, upon thirty (30) days' notice in writing from Railway, make such changes in the location and character of the Facilities as, in the opinion of the chief engineering officer of Railway, shall be necessary or appropriate to accommodate any construction, improvements, alterations, changes or additions of Railway. 7. Licensee will notify Railway prior to the installation and placing in service of cathodic protection in order that tests may be conducted on Railway's signal, communications and other electronic systems for possible interference. If the Facilities cause degradation of the signal, communications or other electronic facilities of Railway, Licensee, at its expense, will relocate the cathodic protection and/or modify the Facilities to the satisfaction of Railway so as to eliminate such degradation. Such modifications may include, without limiting the generality of the foregoing, providing additional shielding, reactances or other corrective measures deemed necessary by Railway. This provision applies to the existing signal, communications and electronic equipment of Railway and to any signal, communications or electronic equipment which Railway may install in the future. 8. If Licensee fails to take any corrective measures requested by Railway in a timely manner or if an emergency situation is presented which, in the Railway's judgment, requires immediate repairs to the facilities, Railway, at Licensee's expense, may undertake such corrective measures or repairs as it deems necessary or desirable. 9. Notwithstanding any other provision of this Agreement, it is understood, agreed and covenanted that Licensee accepts this Agreement as a mere license and assumes all risk of damage to its property by reason of its occupation ofthe premises herein described caused by any defects therein or business conducted thereon, whether caused by the negligence of Railway, its officers, agents or employees, or otherwise, and Licensee hereby indemnifies Railway, its officers, agents, and employees, from and against any such liability for said damage. 10. Railway shall furnish, at the cost of Licensee, labor and materials to support its tracks and to protect its traffic during the installation, maintenance, repair, renewal or removal of the Facilities. 11. It is further agreed between the parties that the premises shall be used by Licensee only for the Facilities and for no other purpose without the written permission of the chief engineering officer of Railway. 12. Licensee shall give Railway seventy-two (72) hours' advance notice (or less in case of emergencies) of any work to be performed on the premises of Railway. Licensee agrees to pay any costs incurred by Railway for the purpose of protection and inspection considered necessary by Railway during installation, maintenance, operation, modification, replacement and/or removal of the Facilities. 13. Licensee shall not assign this Agreement without the written consent of Railway. 14. The word "Railway" as used herein shall include any other company whose property at the aforesaid location may be leased or operated by Railway. Said term also shall include Railway's officers, -3- 9 agents and employees, and any parent company, subsidiary or affiliate of Railway and their officers, agents and employees. 15. This Agreement may be terminated by either party upon sixty (60) days' written notice to the other party. During said sixty day period, Licensee shall remove the Facilities from Railway's premises and restore said premises to a condition satisfactory to Railway's chief engineering officer. If Licensee fails to remove the Facilities within the aforesaid sixty day period, Railway may elect: (a) to become the owner of the Facilities without any claim or consideration whatsoever therefor by or to Licensee, its successors or assigns, or (b) to remove the Facilities and all property of Licensee from the premises of Railway at the expense of Licensee. Licensee agrees to reimburse Railway for any and all costs of such removal. No termination ofthis Agreement shall affect any liability incurred by either party hereto prior to the effective date of such termination. 16. This Agreement shall take effect as of the day of 19 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate, each part being an original, as of the day of _ . 19 Witness: NORFOLK SOUTHERN RAILWAY COMPANY As to Railway Witness: As to Licensee IMF 11/09/99 1027461.wpd pods wpd\23459v1 By: Title: Real Estate Manager COUNTY OF ORANGE By: Title: -4- fy- Railroad Use Only NS File No. 4121 NCRR File No. 310.05.1079 H-36/1999 -3300 AGREEMENT AND CONSENT This AGREEMENT AND CONSENT is made and entered into by and between North Carolina Railroad Company ("NCRR"), Norfolk Southern Railway Company ("Railway"), and County of Orange, ("Licensee"). WHEREAS, Railway and Licensee desire to enter into the attached License Agreement between Railway and Licensee regarding the property described therein which is owned by NCRR (hereinafter the "Premises"). NOW THEREFORE, in consideration of the above recitals and the promises and agreements contained herein, as well as for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the NCRR, Railway, and Licensee agree as follows: 1. NCRR gives its consent to said attached License Agreement affecting its property pursuant to the terms and conditions of this Agreement and Consent. All of the terms of this AGREEMENT AND CONSENT are hereby incorporated by reference into the License Agreement dated between Railway and Licensee (hereinafter the "License Agreement"). 2. NCRR, for and in consideration of the payment by Licensee of $2,185.00 to NCRR as a one time fee upon the execution of the License Agreement to the extent of its right, title, and interest in the premises described in the License Agreement, does hereby permit and grant to Licensee the use and occupation of so much ground within said premises as may be necessary for the Facilities upon the terms and conditions herein. To the extent permitted pursuant to North Carolina law, if Licensee shall default in the payment of rental hereunder for a period of 30 days after the same shall be due, a late payment charge in the amount of 5% of such rent for each month or portion thereof that the same shall remain unpaid shall be charged to Licensee. Licensee will pay such late payment charge together with rental due hereunder. 3. The parties agree and understand that any right or claim of Railway held in to Page 1 of 4 or by virtue of the License Agreement shall also inure to the benefit of, and be enforceable by NCRR or by any successor or assignee of Railway or NCRR, and NCRR shall not be responsible for any obligations, duties or indemnities of the Railway to Licensee under the License Agreement. NCRR reserves any pre- existing rights, claims and defenses against Railway and Licensee and said rights, claims and defenses shall not be waived or limited in any way by the License Agreement. 4. Licensee understands that NCRR and Railway make no warranties or representations regarding the condition of the Premises. As to NCRR, Licensee takes the Premises "AS IS" and expressly waives any and all claims against NCRR and Railway relating to or arising from the condition of the Premises and the property surrounding the Premises, including without limitation, any claims and costs relating to environmental contamination (such as, without limitation, those which might arise under CERCLA, RCRA, and the North Carolina Oil Pollution and Hazardous Substances Act). 5. Neither the License Agreement nor this AGREEMENT AND CONSENT may be assigned in whole or in part by Railway or Licensee, and Licensee shall not enter into any sublicense of the premises without the express written consent of NCRR. The License Agreement shall not be amended by Railway or Licensee without the express written consent of NCRR. No consent by NCRR to any sublease, assignment, or amendment of such License Agreement shall be construed to be consent to any further sublicense, assignment, or amendment of the License Agreement. 6. In consideration of the rights granted by NCRR to Licensee by this AGREEMENT AND CONSENT, NCRR is hereby indemnified and held harmless by Licensee to the same extent as Railway is indemnified and held harmless pursuant to the License Agreement. In addition, without limiting the indemnities provided in the License Agreement, Licensee specifically shall indemnify and hold harmless NCRR from and against any and all attorney's fees, costs, expenses, liabilities, injuries, claims (including third party claims and any claims under environmental laws and regulations such as CERCLA, RCRA, and the North Carolina Oil Pollution and Hazardous Substances Control Act) and damages arising from or related to (1) the License Agreement; (2) any acts or omissions by Licensee at the Premises, (3) Licensee's violations of environmental laws and regulations, and (4) environmental contamination caused by Licensee. For purposes of the paragraph, the term Licensee shall mean its employees, agents and contractors, guests or invitees. 7. The placement of any additional structure, facility, fixtures, or other property on the Premises other than those permitted by the License Agreement 11 Page 2 of 4 must be approved in writing by NCRR prior to such placement. If requested by NCRR, Licensee agrees to provide to NCRR detailed engineering drawings, building plans, facility plans or other plans "as-built" within 30 days of any such request after the completion of any such placement. 8. Upon termination or expiration of the License Agreement, Licensee shall restore the Premises within a reasonable time period to a condition satisfactory to NCRR, including without limitation, removal of equipment and facilities, grading, filling or removal of soil, landscaping, erosion control, or any environmental investigation or clean up necessitated by any acts or omissions at the Premises by Licensee, its agents, employees, or contractors. If Licensee fails to restore the Premises within 60 days of termination or expiration of the License Agreement, NCRR may, at its option, take any and all steps it deems necessary to restore the Premises and Licensee agrees to reimburse NCRR for any and all such restoration costs. 9. Railway and NCRR agree that, by entering into this Agreement and Consent, (i) NCRR is not making admission regarding any matter between NCRR and Railway; (ii) Railway is not making any admission regarding any matter between NCRR and Railway; (iii) NCRR is not waiving any claim or defense against Railway or any affiliate of Railway; (iv) Railway is not waiving any claim or defense against NCRR; (v) NCRR does not waive or prejudice any position, claim or defense with regard to any legal or administrative proceedings in which Railway or its affiliates and NCRR are currently involved or may become involved, including but not limited to any claim or defense with respect to any leasehold rights, environmental obligation or liability, possessory rights, or holdover or non-holdover status of Railway; and (vi) Railway does not waive or prejudice any position, claim or defense with regard to any legal or administrative proceedings in which Railway or its affiliates and NCRR are currently involved or may become involved, including but not limited to any claim or defense with respect to any leasehold rights, environmental obligation or liability, possessory rights, or holdover or non-holdover status of Railway. 10. Licensee acknowledges that NCRR has not made any inspection of the Premises and that the Premises are located at or near active or inactive railroad facilities, structures, or related property. 11. Prior to entry onto the Premises, Licensee shall provide NCRR with a certificate naming NCRR as an additional insured under the same general liability policy required by the Railway under the License Agreement. 12. Licensee agrees that it shall neither suffer nor permit any mechanics' lien or any other lien to attach to the Premises, and in the event any lien shall attach, 12 Page 3 of 4 13 Licensee agrees to discharge any such lien or to post adequate security, in the form of either cash or a surety bond in the amount of 110% of the lien amount, with the NCRR within 10 days following NCRR's demand thereof. In witness hereof, the parties hereto have executed this AGREEMENT AND CONSENT in triplicate originals as of the day of , County of Orange By: Title: North Carolina Railroad Company By: Title: Norfolk Southern Railway Company By: Title: Page 4 of 4 File #: Date Received: NORTH CAROLINA RAILROAD COMPANY APPLICATION FOR PIPE/ WIRE OCCUPATIONS 14 *APPLICATIONFEE: Waived (".Application Fee of 1200.00 must be made payable to Norfolk Southern Railway Company) The above application fee does not include: (a) special handling fees, (b) engineering review, (c) occupation fees, (d) Railroad protective insurance, (e) estimate preparation, (f) flagmen/watchmen costs/ex enses or incurred by NCRR or the operating railroad. All a p (g) construction costs for the project may be requested, and will be at the sole ecos and expense of L ensee However, a fully executed Lice Agreement and Agreement and Consent Form are requirement prior to the preparation of estimates. nse All applications are to be submitted in accordance with NCR 101 Specification (wire / cable) and/or NCR 102 Specifications (conduits / pipelines). Failure to strictly adhere to these specifications will result in delays, additional costs and possible return of your application. Construction drawings should either be 8 1/2" x 11', 8 1/2" x 14" or 11" x 17" size. (Larger size drawings are only acceptable in special circumstances with prior approval of NCRR representative) NO VERBAL approvals will be granted. NO work on NCRR property may proceed until Licensee is in receipt of a fully executed Occupation Agreement and authorization obtained from NCRR and the Operating Railroad. NO PVC pipes. NO Blasting on, under or near NCRR property. NO OPEN CUT installation without prior NCRR approval. NO Directional Boring (NCR 102, Sec.5.1.6.c). NO Facilities within culverts. NO Facilities attached to Railroad Bridges. Name of Licensee: or Orange name to be shown on Agreement) "Note: **Due to future maintenance responsibilities, NCRR will not enter into an occupation agreement with a Developer. Licensee is: O Individual O * Corporation ? Municipality M Other: County Government *State of Incorporation - ,icensee's Mailing Address: Count of Orange . Box 8181 lsborou h, NC 27278 aention: Pa-ul -mes, P . E . itle: County Engineer elephone #: ( 919 ) 732-8181 ?Send Document to: (If other than Licensee:) Civil Consultants, Inc. 3622 Lyckan Parkway suite lonq Durham NC 27707 Attention: Ton M. Whitaker P.E. Title: Consulting Engineer Telephone #: ( 490-164-5- ..rruuw u .wNauvu. Atf/Town/Village: N/A Township: Cheeks :ounty:. _ Q g a_ n a e" , State NC Footage 3300 and direction (N / S / E `rom NCRR Mile Post #: H_ 36 or center line of Public ighway Crossing or Bridge: N . C . S . R - 1399 /Number) 20ccupation to be located within confines of Dedicated Highway (right of way lines must be shown) (Name lighwayName or Number. Redman Crossing *AARDOT#:.Z_I 3 i 4 2 X (*AAR DOT# is posted near crossing) Type of Facilities: Pipe: ? Gravity Pressure (Non-Flammable) ?Pressure (Flammable) J Wire / Cable: ? Aerial ? Undergrade (in conduit) ? Overhang 0 Telephone # of ? g ( pairs:) _ ) Electrical (voltage:) ? Fiber Optic Phase of electrical circuits: Number of electrical circuits: Number of Poles: 3 Crossing (Angle: 60 ? Longitudinal (Total footage of encroachment: I Revision to existing facilities (Copy of Agreement to be included with application) Method of pipe/conduit installation per NCR 102 Specifications O ALTERNATIVE Note: Track Supports maybe required de en or as deemed necessary b R l Open Cut Bore & Jacking ? Jacking All a lications are to be sent to the office of: Mr. Jeff Mann Property and Public Affairs Manager North Carolina Railroad Suite 110 3200 Atlantic Avenue Raleigh, NC 27604 Telephone: (919) 9547601 Fax: (919) 954-7099 ? Tunneling M Review NCR 101 Specifications (wire/cable) and/or NCR 102 Specifications (conduits/pipelines). Proper name and mailing address of Licensee. s) Application fee. 16 1) ® Location data (NCR 101, Plate I or NCR 102, Plate 11) i) M Plan and Profile drawings (8 1/2" x 11", 8 1/2" x 14" or 11" x 17" size only). i) M Pipe Data Sheet (NCR 102, Plate I). l0 Depth of bury (NCR 102, Plate III). M Method of installation (no alternatives). 0 Distance from face of launching and receiving pits (NCR 102, Plate Q. • 0) M Location of manholes and valves (NCR 102, Plate M. I)RAU Size, voltage and type of wires, cables or Fiber Optic Cables 240 Wire/Cable vertical clearance from sag to top of rail (NCR 101, Plate I). • 3)' fp Distance from Poles to centerline of track (NCR 101, Plate 1). .4#09 Pole configuration (NCR 101, Plate II). • 5) M Angle of crossing (NCR 101, Plate I or NCR 102, Plate II). • 6) M Number of tracks (NCR 101, Plate I or NCR 102, Plate II). . 7)V?0 Length of longitudinal (NCR 101, Plate III or NCR 102, Plate IV). .8) M R/W lines of Dedicated Highway (NCR 101, Plate I or NCR 102, Plate 11). .9#IA3 Bridge Footing of Dedicated Highway Bridge (NCR 102, Plate VI). •044 Bridge Attachments for Dedicated Highway Bridge (NCR 102, Plate VII). *Warnin Extreme caution is to be used in excavation due to the possibility of the existence of other utilities along North Carolina Railroad's right of way. Any damage to the other utilities will be the sole responsibility of the Licensee. In compliance with state law, prior to commencing work the contractor is to notify 800-632-4949, Call before you dig. PLATE 1 PIPE DATA SHEET 17 (For crossings and longitudinal occupancy) A `.vtr1C.Sla iVx3C,riP.NJJL&U yomestlc Sewn a N/A NORMAL OPERATING PRESSURE 20 psi 8 psi NOMINAL SIZE OF PIPE 3" dia .81, dia OUTSIDE DIAMETER INSIDE DIAME'M V1 8.6 2 5 " 3.46" 8.25" WALL THICKNESS WEIGHT PER FOOT 0-2511 0.188" 9.169 16.94# MATERIAL Ductile ER Weld PROCESS OF MANUFACTURE Trnn Steel Pipe Mill Mill SPECIFICATION ANSI A21.51 API 5L GRADE OR CLASS TEST PRESSURE Class 51 Grade B TYPE OF JOINT 350 si• 920 psi Push-on I Welded all nt a d TYPE OF COATING r in Bituminous None DETAILS OF CATHODIC PROTECTION DETAILS OF SEALS OR PROTECTION AT ENDS None None OF CASING Concrete seal METHOD OF INSTALLATION N/A with weep hole pus . t roug CHARACTER OF SUBSURFACE MATERIAL AT Icasina bore and jack THE CROSSING LOCATION clay clay APPROXIMATE GROUND WATER LEVEL SOURCE OF INFORMATION ON SUBSURFACE unknown unknown CONDITIONS (BORINGS, TEST PITS OR OTHER) N/A N/A NOTE: Any soil investigation made on railroad property or adjacent to tracks shall be carried on under the supervision of the Engineering Representative and/or the Operating Railroad. (See Section 1.4) 29 "move" Sam FORM 11367-431, (csoRCIA DIV. ONLY) (Pw, y? APPLICATION FOR PIPELINE AGREEMENT > PPLICANT.MUST ANSWER ALL QUESTIONS AND RETURN THIS FORM TO: I.D. No. Date Issued: DEPARTMENT Real Estate E Contract Services STREET 600 West Peachtree St., NW, Suite 1650 CITY, STATE, ZIP Atlantan, GA 30308.3603 PHONE 404 52$( l: Legal Name of Applicant (party to agreement); County of Orange (Please state street address:) 4. Billing Address: .Street 200 South Cameron Street Street P. 0. Box 8181 City Hillsborough State NC p 27278 CAY u h State NC Zip 272 I. Name of Applicant Representative: S. Name of Contact for Billing purposes: Paul Thames Paul Thames, P.E. Title: Count Engineer Title. County Engineer Telephone Number( ) 919-732-8181 Telephone Number( ) 919-732-8181 i. Billing: Applicant prefers ( ) yearly (70 one-time non-assignable payment. (See Page 3) '. Applicant is a: ( ] Corporation - Give state of formation: ( I Limited Partnership - Give state of formation: ( ] Genera! Partnership - Give state of formation: ( J Sole Proprietorship -- Give name of owner: ( ] Individual 1X I Government Entity ( J Other. 1. Location of Pipeline: A. Nearest Street Redman Crossing B. Nearest Town Mebane C. County Orange D. State North Carolina . E. Railroad Milepost Reference: 3300 ft. N E S R of H-36 (Circle one F. Will pipeline be located entirely within confines of public street? ( , ;s ( ] No It yes, provide conclusive evidence for verification. Street width: 20 ft. Street Right of Way width: 60 h. 1. Pipelige ( X] is to be installed ( ] already exists and is being upgraded Are there any agreements covering the pipeline? ( J Yes IX I No ( I Do not know It yes, identity and attach copies- !. The pipelire will: (check all appropriate boxes) ( X] Cross tracks - How many? 1 ( I Cross communication and/or signal lines - Separation ft. [ I Parallel Tracks - Minimum horizontal distance to centerline of adjacent track it. ( X) Be underground - Depth below base of rail 9.0 ft. Minimum depth on right of way 3.0 ( j Be aerial - ft. above top of rail Identify facilities on Railroad right of way (manholes, pipe bridges, etc.): Public roadway; 12" waterline, P' . cable; gas line, signal cables, over ea electric lines (Continued on other side) ' ,1?.4„n?wn are co oe in stnct accordance with speGfcations of the American Railway En ineerin~. , vV,v,7 uA i zruvucn W oegun Southern Corporation. Original and six copies of this form shall be submitted, accompanied g by six g prints Assoa p drawing showing and sowing wing pplanlan , section of crossing from field survey, location in res width , of adjacent structures affecting crossing, and all inform Ga on requiired?in fwidth =igures 11 rand and d 's of A.A EA Specifio oonfs,Pbiic Right is necessary details of sheeting and method of supporting tracks or driving tunnel must be shown P . Part S Pipelinnese% It . If 12. Correct name of Applicant: County of Orange 1 .i 13.. Post Office address: P.-o. Box 8181, Hillsborough, NC 27270 14. Location: 3 3 0 0 - g- - ?? (direction) Rom nearest R.R. Milepost H-36 1S. Nearest city or town- Mebane County. Orange 16. "Within limits of public highway, name: Redman Crossing ..Slats - NQ • Fsd%9LIe-CountYNo•: 13 99 17. Will temporary tract support or rip rapping be required? Yes x p o [ 1 [XJ No - expllain lo-re` and Jack across entire R/W 1S. Are there any wires, poles or obstructions to be relocated? [ J Yes JXJ No Temperature 19. Product to be conveyed- a n i t a r Sever Flammable? • - (J Yes [X J No Temperature Ambient 20. Maximum working pressure: (psi) Feld test pressure: (psi) Type of test 21. Location of shut-off valves: a edges of Railroad R/W 22. PIPE SPECIFICATIONS CARRIER PIPE CASING PIPE Material Iron ER Weld Steel Material specifications and grade ANSI A 21 -51 API 5L Minimum Yield Strenght (psi) of material 42,000 -Psi ' • 1530 psi Mill test pressure (psi) 350 s i 9 2 0 Psi Inside diameter 3.46" 8.25" Outside diameter 3.96" 8.62511 Wall thickness 0.25" 0.188" Type of seam N/A Field weld all Laying lengths 18 i - a round 20' Type of joints Push-On field weld all Total length within Railroad right of way 230 1 arotinu 2301 VENTS - number: 0 size- height above ground: SEALS - both ends: concrete one end: BURY- base of rail to top of casing: 9 R. 0 BURY - (not beneath tracks): 5 R. 9 in. BURY - (roadway ditches): _ 3 R. 0 in. CATHOOIC PROTECTION - ( ( Yes [XJ No PROTECTIVE COATING - [ ( Yes [ XJ No Give description 23. Specify type, size, and spacing of insulators or supports: carrier pipe- supported' by spiders" at 9.0, intervals 24. Define any special specifications of the pipeline: see above 25. Method of installation: Bore and jack casing pipe If application is approved, applicant agrees to reimburse the Railroad for maintenance, and/or supervision necessitated. this any c" incurred by the Railroad incident to installat injuries which arise as a result of this installation. pipeline installation, and further Sgrees to assume all liabillity for accider 7- ?- 9? Z - " ..y....,y aF,P,K rohr, Link (SEE SAMPLE ORAWiNG (Exhibit A), and SAMPLE SHEET (Exhibit 9), attached) Jan-12-00 05:18P Coleman Gledhill HargravQ 919 732 7997 Ate,e NORTH CAROLINA ORANGE COUNTY AGREEMENT AND SEWF..R EASEMENT This Agreement and Sewer Easement, made and entered into zp Lhi.s the day of 2000 by and between the County of Orange, North Carolina, a political subdivision of the State of North Carolina, having its principal office at 208 S. Cameron SCreet, Hillsborough, North Carolina, hereinafter referred to as "Orange County," and Barber & Ross Company, Inc., a Virginia corporation having its principal office in Leesburg, Virginia, hereinafter sometimes referred to ORarber & Ross;" WHEREAS, Orange County and Barber & Moss have previously entered into a Utility Extension Fund Agreement, a copy of whicli is Exhibit A hereto; and WHEREAS, the connection of the Efland Area Sewer System to the Barber & Ross facilities requires the installation of a three inch diameter sanitary sewer forcemain within a twelve inch diameter casing pipe under and across the right-of-way or property of Norfolk-Southern Railway Company and the North Carolina Railroad; and WHEREAS, Norfolk-Southern Railway Company and the North Carolina Railroad are requiring Orange: County to became the Jan-12-00 OS:18P Coleman Gledhill Hargrave 919 732 7997 21 licensee of the portion of its property where this sewer line crossing will occur.; and WHEREAS, the Norfolk-Southern Railway Cornp:Any License Agreement and the Forth Carolina Railroad Agreement and Conserit require Orange County, as owricr of the lic:crise, to indemnify and hold harmleas both Norfolk-Southern Railway Company and the North Carolina Railroad with respect to the installation, maintenance, operation and removal of the sewer system crossing the railroad property; and WHEREAS, the Norfolk--Southern Railway Company License Agreement and the North Carolina Railroad Agreement and Consent require Orange County to pay certain fees in consideration for the granting oL the license and consent; and WHEREAS, Orange County anticipates that this railroad crossing will ultimately be the crossing for so much of the Bfland Area Sewer System that will service the ©uc:khorn Road Economic Development District; and WHEREAS, iC is in the best interest of Orange County and Barber & Ross to use this railroad crossing for the future expansion of the Efland Area Sewer System to include the entire Buckhorn Road Economic nevelopmcnt Distric_L area. Jan-12-00 05:19P Coleman Gledhill Hargrave 919 732 7997 22 W I T N E S S E T R: NOW, THEREFORE, for and in conSide.r.ation of the covenant;s hereinafter made, Orange County and Barber & Ross agree as follows: 1. Orange County will enter into agreements with Norfolk- Southern Railway Company and the North Carolina Railroad which enable Lhe crossing of the railroad right-of-way for the Efland Area Sewer System in a manner which provide, an immediate ability to connect the Barber & Ross Company with the 8fland Area Sewer System and enables a later upgrade of sewer system facilities crossing the railroad right-of-way to provide for the connection of the Buckhorn Road Economic Development District: area to the Efland Area Sewer System, all consistent with North Carolina law. These agreements will be in substantially the form of Exhibits 8 and C hereto. 2. Barber & Rossi agrees to hold Orange county harmless and indemnify Orange County against loss in the event of a claim arising from any matter covered by the agreements between orange Courity and Norfolk-Southern Railway Company and the North Carolina Railroad TO THE EXTENT AND ONLY TO THE EXTENT of a policy or policies of insurance procured and maizit.aincd by Barber & Ross, naming Norfolk-Southern Railway Company, the North Carolina Railroad and Orange County, its public officials, Jan-12-00 05:19P Coleman Gledhill Hargrave 919 732 7997 23 employees and agents, as additional insureds and witty, premiums to be made by Barber & Foss. This policy of insurance or the8e policies of insurance will provide coverage in scope azid amount equal to or exceeding those required to fund tile indertirlity provisions in the agreements between Orange; County and Norfolk- Southern Railway Company and Orange County and tho North Caroiina Railroad. Barber & Ross agrees to provide certificates of insurance and copies of the policies of insurance and to thereafter provide certificates of insurance and copies of the policies of insurance with each policy renewal so long as this indemnity and insurance requirement is in place. This indemnity and insurance requirement will remain in place UNTIL SUCH TIME AND ONLY UNTIL SUCH TIME as the sewer system crossing of the Norfolk-Southern Railway Company and the North Carolina Railroad that is the subject of Exhibits B and C hereto Serves the general public purpose of providing Efland Area Sewer System connection to the Buckhorn Road Economic Development District. 3. Barber & Ross agrees to pay the license and other fees required to be paid in the agreements between Orange County and Norfolk-Southern Railway Company and the North Carolina Railroad. 4. Barber & Ross has contracted for the survey work and the plat for the preparation of Exhibit D hereto, which exhibit locates the easement and documents infrastruCLure along the Jan-12-00 05:19P Coleman Gledhill Hargrave 919 732 7997 24 north and west.property lines of Barber & Ross and has commissioned its civil consultants to insure the preparation of thiq survey work. Rarber & Ross agrees to pay the fees and expenses of its civil consultants. Barber & Ross has paid or will pay the sum of $ for the survey work. Orange C:ounLy agrees to pay Barber & Ross $ for this survey and platting work, representing 50% of its total cost to Daz-ber & Koss plus any amount Barber & Rosses' total cost for phis survey and platting work exceeds $1,000. b. In further consideration of the promise oL Orange County to permit Barber & Ross to connect to orange County's Efland Area Sewer system to serve the property of Barber & Rosy and in further consideration of the promise of Orange County to maintain said sewer system and apparatus from and after completion of construction and installation of the sewer system and apparatus, Barber & Ross, its successors and assigns, hereby give, grant and convey unto orange County,. its successors and assigns, a perpetual right and easement over, upon and through the property or properties described in Exhibit D hereto, to maintain one or more underground sewer lines and apparatus over, upon and through the property described in Exhibit D hereto. This easement includes a perpetual right and easement unto Orange County Ld go upon said lands whenever the same is reasonably necessary for the purpose of constructing, Jan-12-00 05:20P Coleman Gledhill Hargrave 919 732 7997 25 inspecting, maintaining, repairing and removing said lines and apparatus; provided, however, that in constructing, inspecting, maintaining, repairing and removing said facilities, the County hail repair any facilities of Barber & Ross damaged by or disrupted by constructing, inspecting, operating, maintaining, repairing arid removing the sewer system Lacilities, including repairing any plants, fences, sidewalks, parking areas or other facilities of improvements located upon the property of Barber & Rosy. Orange County will assist and work with Barber & Ross in the specific location of the sewer system facilities in order to minimize the impact to the operation of Barber & Ross now and in the future. Barber & Ross, its successors and assigns shall, from time to time, at the request of Orange County, execute, acknowledge and deliver to Orange County any and all future insLruments which may reasonably be required to give full force and effect to the provisions of Lhis easement. 6. The operation of the Orange County sewer collection and treatment ;system will be subject to and performed in compliance with all regulations and ordinances which Orange county has now adopted and may adopt or amend from time to time. 7. Barber & Ross agrees to install and maintain at its own expense a service line from the Orange County sewer collection and treatment system to the place of use of Barber & Jan-12-00 05:20P Coleman Gledhill Hargrave 919 732 7997 26 Ross and will commence use of the Orange County sewer collection and treatment system when that connection has been complete. a. Barber & Ross agrees to pay all charges made by orange county for connection to the Orange County sewer collection and treatment system and for the operation of that system according to duly enacted rate schedules of Orange County and as they may be changed from time to time. 9. Barber. & Ross agrees to comply with all ordinanccs, regulations and rules of Orange County related to the sewer collection treatment system- 10. Barber & Ross agrees that its obligation to corineCt to the system and to pay all charges for connection and operation is one which may be specifically enforced by Orange County in a civil action brought by orange County against Barber & Ross for such enforcement. IN WITNESS WHEREOF, Orange County and Barber & Ross have caused this agreement and sewer easement to be executed in their respective corporate names and the respective corporate seals to be hereunto affixed and attested by their duly authorized officers, all as of the date first above written. COUNTY OF ORANGE, NORTH CAROLINA By: Moses Carey, Jr., Chair, Orange County Board of commissioners Jan-12-00 OS:20P Coleman Gledhill Hargrave 919 732 7997 27 ATTEST: Beverly A. Blythe, Clerk to the Board of Commissioners ATTEST: Secretary NORTH CAROLINA ORANGE COUNTY [OFFICIAL SEAL] BARBER & ROSS COMPANY, INC. By: President [CORPORATE SEAL] I, a Notary Public of the County and State aforesaid, ,certify that Beverly A. Blythe personally came before me this day and acknowledged that she is Clerk to the Board of Commissioners for Orange County and that by authority duly given and as the act of said County, the foregoing instrument was signed in its name by the chairman of said Board of Commissioners and attested by her as Clerk to said Board of Commissioners. Witness my hand and official stamp or seal, this the day of 20 Notary Public my commission expires: STATE OF COUNTY OF I , a Notary Public in and for the County and State aforesaid, do hereby certify that personally came before me this day and Jan-12-00 05:20P Coleman Gledhill Hargrave 919 732 7997 28 acknowledged that he/she is Secaretary of Barber & .Ross Company, Inc. and that by auuhor.ity duly givers and as an art of 3arber & Ross Company, Inc. the foregoing instrument was sigried by , its President, attested by himself/herself as Secretary, and scaled with it, common seal of said corporation. Witness my hand and official seal this the _ day of 2000. Notary Public my commission expires: mydccumenl.t/harberdross.age Jan-12-00 05:20P Coleman Gledhill Hargrave 919 732 7997 NORTH CAAOUNA ORANGE COUNTY Exhibit A UTILITY EXTENSION FUND AGREEMENT THIS AGRGIEMe r, made and entered into as of the day of Y 19- by and berwaen vie County of Orange, North Carolina. a poaticai m,Edvision of the Stale of North Carolina having its prinGpal office at 208 S. Cameron Street. HittgbonmO. Nop Carolina. haranafter sorttobnes rahwed to as Orange Cowftt' and Barber Ross Company. w&. a A!jaie Corporation having its princpai office in 4E? , I nerairwtet soR+etiam raterred to as'Baroer & Ross' WHEREAS. Barter & Ross intends M purchase the loaner Redman Mobile Home manufacturing site locoed in the &cXhom Economic Development District at 200 Redman Cussing Road and renovate the teeiltty to manulaclure its millwork products: and WHEMEM. Sadw & Ross proposes to wrnhaed the pnitary waste stream from the ptim to tna exiafing sanitary Sewer One 1=00 approxirnatey 2,000 teal east of Ste Plard an ROute 70; and WHEREAS. this Orange County Water and Stirrer Policy, approved April 3,1989 and amended Sepernber 3, 1991, es&;jNsfhes'__ a basis for Orange Couivty's financial "sticipation in the pmMajon of water and/or sewer sarvion and facAitiea' to provide for sconornlc dwempment opportunkles; and WHEREAS, by action taken at As June 30. 1989 meatrtg. the Orange County Board or f onrm isaiorters agreed to: f) Mow Me emensim of seww service tram the Coun" Eftand sewer awlecxion system by means of a new waslahwatar pumping station and force main, retidt Barber & Ross will aonsbinct to To apoc ii standards arty appmvais of dw NC Division of Water Owlity and Orange CouW.. and 2) accept ownel5hip of the portion of tithe wastewater force main system which will be itsfaMed in NCDOT rigets• *wa$r. and WHEREAS. on September 7. 1999.Orange County Wndtrded a pubk hearing ptnr UAM to Noah Carolina General SMILft 1158-7.1. tobwing publication of ratica of that pubic healing at [east ten (10) days before the hearing was held. ter me purpose at reCeMring pubic cornaient an this agree mnt. and WHEREAS. at Ihac pubic hearing ahfwmadon was provided by Cron behall of Barber & Ross that Barber 6 Ross has commitbd to do ire following: 1) Upon completion[ of construckm of the pumping station and fotce mein, Barber a Aass vAl provide to the County an wounding of Vie b w actual project am including dmitnentatton subsix eng each expenditure. 21 Barber & Ross wig Corny M its erivironmental assessment and sib mmedratlon for the property. bv*WIng securing a browMf ft agreement. 3) Barber & Roam vAN Invest tfetween 51 and SS.S mWAn in renaovadons to the aids" plant at 200 Redman Crossing Road. NO irtsta9 approximstey &MIXI0 in equipment. a) Sather i boss wfi assure that the starting wags for alt posbons created in Mar+pe County will be at least U PW h" and Shed wftn two to three yearn. the project will craM two hundred jobs. 5) Barger a PAN will Increase Its SUN" wage rate *eftl "a to time to rernait in compliance WA ire hying wage standwd in etbed at Orange County. 6) 6erber & Rost. as in its odrer p4wft will provide heats insurance for its employees and pay at least t'iity- one perp arif of Vw colas of said Wdurance 7) Barber & Ross agrees to tap in to a gravity sewer system serving the &idettorn !load Economic Ceveb ffient District wMn it baontes available, and pay any appieabie fees. WHEREAS, by ration adopted on 7 19, the Orange County 8011114 of Comm1s9l WwM made the deterftnaWna that. 1) the Barber & Ross invasfntent at the 200 Redman CrbtiSM'g Road tadiy is expected to earned the Orange Courdy tax dose by an amount w=eedfrtg 5800.000. 21 Barber 8 Ross cometas to a staging wage for an positions created In Orange County equal to at teas! sa.00 pet hOW and to increase the Stairbrtg wage rate from *ne to time 0 remain in compliance with the !lying weep policy of Orange CowAy. 29 Jan-12-00 05:21P Coleman'Gledhilll Hargrave 919 732 7997 3) Barber & Ross commits to providing health insurance tar Its employees and to pay at least 51 % of the cost of that insurance 4) Barber 6 Ross expeets to aerate 200 jobs at the Redman Crossing dead facility. 5) Barber & Ross agrees to tap into a gravity sewer system serving the ®uckhom Road economic development district when it becomes available and to pay any appiicable fees. WiiEAtAS, by resolution adopted on / 19 7 the Orange County Board of Commissioners has agreed to provide 550.000 t m ft County's Utihry Extension Fund for the proposed sewer extension project. . WITNES39TH: in cansiderafon of the oomrnftents of Barber & Ross as described in this agreement to be performed by Barber & Ross and upon the successful construction of the sewer facilities and their successlul pemv't N by all necaasary governmental agencies. Oraf County sgreas to pay to Barber A Boss 350,000 as partial raimbursernerd be the cost of consvucting the sewer farJfipea which funds shah =me from the Orange County Utility Extension Fund- IN WITNESS WHEREOF. Orange County and Barber 6 Rocs have caused mis utility extension fund agreement t0 be exerted in ifteir respecfte Corporate names and the respective cowate seals to to hereunto aftimW and attestoo by their duly authorized ottlcers, all as of the date first above wrltten. COUNTY OF ORANGI? NORTH CAROLINA ATTE Bererty A. ftSe. CWk 0-11W00'' Board of Comr6i ionsrs P. AS& N. C%xdM Chair, Orange County Board of Comtrallioners •Q? ? s 9 ISEA14 ?ver? aARDER 6 ROSS COMPANY. INC. ay: J ' ' 4 &io?vl President (CORPORATE SEAL)