HomeMy WebLinkAbout2008-085 Purchasing - Agreement - Duke Power Right of Way Agreement Justice Facility Site Lighting• yy
WR No. 1305116 Resp. 5341 Project: C1P1NC AND CIPRNC Return Address: Duke Energy Carolinas
Drawn By. Christopher D. Brown Atm: Christopher D. Brown
Project Description: 106 E. Margaret St (Courthouse Expansion) 4412 I•iilLsborough Rd
Hillsborough, NC 27278 Durham, NC 27705
STATE OF NORTH CAROLINA RIGHT OF WAY AGREEMENT
COUNTY OF ORANGE
KNOW ALL MEN BY THESE PRESENTS, That Orange County
hereinafter called "Grantor" (whether one or more), in consideration of the sum of One Dollar (S 1.00) and other good and valuable
considerations, does hereby grant unto DUKE ENERGY CAROLINAS, LLC, 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 `~remises'~ situated in said County and State, Property described as:
Pin#: 9874068114, 9874066106
Tract: 418471, 418470
and over and across said premises within aright-of-way strip (check applicable):
^ having a width of I S fed on each side of a centerline determined by the centerline of the electrical facilities and/or the lighting
facilities, as installed, to construct, maintain and operate with poles,lighting factures, crossarms, wires, guys, anchors, cables,
transformers and other apparatus and appliances, overhead lines for the purpose of transporting electricity and/or providing
lighting services and for the communications purposes of the Grantee and regulated telephone utilities and other
telecommunications services. The following rights are also granted to Grantee: to enter said premises to inspect said lines,
equipment anti facilities, to perform maintenance and repairs, and to make alterations and additions thereto, to remove from the
right~f--way strip, now or at any time in the futrae, trees, strucdms or other obstructions that may endanger the proper
maintenance and operation of said lines or other facilities or equipment and trees of any species that Gtantee determines will grow
at maturity to a height that will endanger the proper maintenance and operation of said lines or other facilities or equipment ; to
trim or remove and to keep trimmed or remove dead, diseased, weak or leaning trees or limbs outside of the right-0f-way strip
which, in the opinion of the Grantee, might interfere with or fall upon the electric, lighting, telecommunications or other
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.
[~'~aving a width of 10 fed on each side of a centerline determined by the centerline of the electrical facilities and/or the lighting
facilities, as installed, to construct, maintain and operate underground lines and conduits with other apparatus and appliances,
either above ground or below ground, to inchrde transformers and service connections, for the purpose of transporting electricity,
providing lighting services and for the communications and telecommunications purposes of Grantee and its licensees. The
following rights are also granted to Grantee: to enter said premises to inspect said lines, equipment and facilities, 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, struchrtes or other obstructions; anti m clear that land outside the right-0f-way strip within ten feet of the
service door of any transformer or cabins located within the right-of-way strip and to keep the area within ten fed of said door
• clear of trees, structures or other obstructions. Grantor, for itself and its successors and assigns, agrees to hold Grantee, its
successors and assigns, harmless for replacement and/or repair of paving, landscaping and fences as a result of futrae system
maintenance and repair. All underground facilities are to be installed in accordance with the provisions of Grantee's Underground
Distribution Installment Plan, NCUC Docket E-7, Sub 828, receipt of a copy of which is acknowledged by Grantor.
• This right-of-way is given to permit the construction or modiScation of facilities presently proposed Facilities at other locations
and fuhrre extensions of presently constructed facilities are aot permitted by this agreement. The foregoing notwithstanding,
Grantee may relocate its facilities and right-0f-way strip over the premises to conform to any future highway or strcet relocation,
widening or improvement.
IN WITNESS WHEREOF, this instzument is executed on this ~ ~ a day of y
GRANTOR
By:
Name:
Title:
STATE OF NORTH CAROLINA,
COUNTY
I certify that the following person(s) personally appeared before me this day, each aclmowledging to me that he or she signed the
foregoing document:
Date: ~' o~~
My Commission Expires: /~ " f 3 - o~ ~ 9
C.~
Notary lie
•
Affvc (Notary or Corponrtion) Seal