HomeMy WebLinkAboutRBPR-03-2022-40398.TIF 3766-0071 FILED ELECTRONICALLY
CATAWBA COUNTY NC
DONNA HICKS SPENCER
FILED Aug 30, 2022
AT 11:23:00 AM
BOOK 03766
START PAGE 0071
END PAGE 0077
INSTRUMENT # 19103
EXCISE TAX $0.00
North Carolina Site:6554 Central Dr
Catawba County WO Number:44457490
North Carolina
Distribution Encroachment Agreement
for Nitrification Field Encroachments
THIS NORTH CAROLINA DISTRIBUTION ENCROACHMENT AGREEMENT FOR
NITRIFICATION FIELD ENCROACHMENTS ("Agreement"), made this day
of , 20 , by and between DUKE ENERGY CAROLINAS, LLC, a North
Carolina limited liability company ("Duke Energy"), and BILLY LEE PRICE, and wife DONNA
DAVIS PRICE("Grantee").
• Grantee is the owner of a 1.91-acre lot of land situated in Clines Township, Catawba
County,North Carolina,and being the land described in a deed from Bank of America,NA
to Billy Lee Price and Donna Davis Price, Deed Book 3259, Page 88, dated September 22,
2014, all Catawba County Registry (the "Property");
• Duke Energy has previously acquired a Thirty (30) foot wide easement area over the
Property on which easement area Duke Energy maintains and operates electrical facilities
(the"Easement Area"); and
• Grantee desires to use a portion of the Easement Area for the construction, installation,
operation, and maintenance of a nitrification field (the"Encroachment").
NOW, THEREFORE, in consideration of the premises and of the mutual covenants herein
contained, Duke Energy, insofar as Duke Energy's rights are concerned, hereby authorizes
Grantee, his heirs and assigns, ingress and egress to construct, install, operate, monitor, repair, and
maintain the Encroachment within the Easement Area upon the following terms and conditions:
1. Grantee shall construct,install,operate and maintain the Encroachment as shown on a map,
dated July 28, 2022, and entitled "As-Built Survey For: Billy Lee Price and wife Donna
Davis Price," which is attached hereto as Exhibit A and incorporated herein by reference
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submitted electronically by "Duke Energy"
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the catawba county Register of Deeds.
3766-0072
(the"Map"). Other than removing the Encroachment, Grantee shall not alter or add to the
Encroachment in any way without receiving prior written consent from Duke Energy.
Should Grantee perform any work in the Easement Area without the prior written consent
of Duke Energy, should it fail to perform the work in a manner consistent with the
specifications approved by Duke Energy, or should the Encroachment threaten any Duke
Energy facility, then Grantee shall be liable to Duke Energy for any costs Duke Energy
incurs while remedying actual or potential threats to Duke Energy's facilities arising from
such work.
2. This Agreement shall automatically terminate upon complete removal of the Encroachment
by Grantee. Should the encroachment no longer be required for the facility it is designed
to serve,this Agreement shall be terminable by Duke Energy upon ninety(90)days written
notice of Duke Energy's desire to terminate.
3. Duke Energy shall have the right to install at any time additional structures for the support
of its present or future electric lines within the Easement Area. Duke Energy agrees to
locate these additional structures, if reasonably possible, so as not to obstruct use of the
Encroachment and in compliance with 15A NCAC 18A.1950.
4. Grantee may plant low-growing shrubbery on and around the Encroachment provided that
Duke Energy shall have necessary access to its structures for maintenance purposes. Any
trees or shrubs in the Easement Area shall not be permitted to reach a height of more than
twelve(12)feet. If any such trees or shrubs do reach a height of more than twelve(12)feet,
then Duke Energy shall have the right to remove them without removing the stumps if
removal could damage system.
5. Grantee shall not place, or cause to be placed, a septic tank or any related device,
constructed of any material type, in Duke Energy's Easement Area other than inert piping
for septic draining purposes.
6. Grantee shall, upon request of Duke Energy and at no cost to Duke Energy, erect barriers
around the Encroachment area or existing facilities owned or operated by Duke Energy.
Barriers shall be of an acceptable size and construction to Duke Energy. Once installed to
Duke Energy's specifications, Grantee shall not be liable for the costs of relocating or
replacing any barrier that is later determined by Duke Energy to hinder its access to the
facilities or Easement Area.
7. Grantee shall not utilize any equipment within Duke Energy's Easement Area in such a
manner that any portion of said equipment would come any closer than fifteen (15) feet
from any conductors of its electric lines. Grantee's operation of equipment and use of
materials within Duke Energy's Easement Area shall adhere to applicable federal, state,
and local laws, rules and regulations, including the guidelines set forth by the National
Electrical Safety Code(NESC),the OSHA Standard for equipment minimum safe working
distances, and the North Carolina Overhead High-Voltage Line Safety Act (OHVSA).
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3766-0073
8. Grantee shall be liable for, and shall indemnify, protect, and save harmless Duke Energy
from any taxes or assessments which may be levied for or as a result of the Encroachment.
9. Duke Energy shall not be liable for any damage to the Encroachment resulting from Duke
Energy or its contractors in the construction, reconstruction, replacement, maintenance, or
removal of Duke Energy's present or future facilities.
10. Grantee shall not do any digging, grading, or filling nearer than Five (5) to any of Duke
Energy structures or anchors and any slopes within the Easement Area shall be no greater
than a one to four ratio.
11. Grantee shall not do any filling or piling of earth on Duke Energy's Easement Area unless
shown on the Map and approved by Duke Energy. The surface of the Easement Area shall
be properly graded,raked,and seeded after construction of the Encroachments is complete.
12. Duke Energy may have facilities (e.g. counterpoise wires) buried in the vicinity of the
Encroachment. Grantee shall exercise diligence to avoid damaging any underground
facilities, will notify Duke Energy immediately if any damage does occur, and reimburse
Duke Energy for the costs of any repairs made necessary by such damage.
13. The Encroachment is subject to the paramount right of Duke Energy at all times to make
use of Duke Energy's entire Easement Area for the construction, maintenance,
reconstruction, and operation of electric lines. In the future, Duke Energy may require,
within the N.C.G.S. 130A statute and the 15A NCAC .1900 rules, the relocation or
modification of the Encroachment, and Grantee shall comply with the demand at no cost
to Duke Energy within ninety (90) days after receipt of the written demand.
14. This Agreement is effective only insofar as the easement rights of Duke Energy in the
Easement Area are concerned; and Grantee shall obtain from others such permission and
permits as may be necessary from third parties.
15. Grantee assumes all risks incident to the Encroachment and does hereby release and shall
indemnify, defend, and save harmless Duke Energy, its officers, directors, employees,
contractors,and agents from and against claims,damages, demands, legal or administrative
actions (formal or informal), expenses (including reasonable attorney's fees and court
costs), and liability (whether or not such liability has been judicially determined) for loss
of or damage to property of Grantee, Duke Energy or others, (including environmental
damages and hazardous or toxic waste cleanup) and injuries to or death of all persons,
howsoever resulting, by reason of Grantee's use of the Encroachment.
16. The recitals set forth at the opening of this Agreement are incorporated herein as if fully
restated in this Section 16.
17. Should Grantee desire or be required to contact Duke Energy for any reason related to this
Agreement it shall contact Duke Energy's customer service center and request to speak to
the land services group.
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•
3766-0074
18. This Agreement shall be governed by the laws of the state of North Carolina without regard
to the conflicts of law provisions therein. The parties agree that the proper venue for any
dispute related to this agreement are the courts located in county in which the Property is
located, and the parties hereby submit to the jurisdiction thereof.
19. This Agreement contains the complete understanding of the parties and shall supersede any
prior and contemporaneous communications, agreements, and assurances related to the
subject matter of this Agreement. Any modification of this Agreement must be agreed to
in writing and signed by the parties. The parties agree that the Easement shall remain in
full force and effect. The only modifications to the terms thereof,caused by the Agreement,
shall be those which are expressly stated in this Agreement.
20. The failure of Duke Energy in any one or more instances to insist upon compliance with
any provision or covenant herein or to exercise any right or privilege herein shall not
constitute or be construed as a waiver of such or any similar provision or covenant.
21. This Agreement shall be recorded at Grantee's sole expense.
/Remainder of Page Left Intentionally Blank]
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3766-0075
I\ \t 1 I NI.SS WI!h RI ()I-.[)ui.c I_ncrg) and tirantee lane:caused this,Agreement to he signal
under seal in their mimes.us oldie date first ahme\tauten.
Di KE ENERC1 C,AROLINAS, LL(: ici ui
a North Carolina lintilcd li.thilih coin pans
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I'ille: Ple.L"zel•i t^ Lam'+A .e,�'✓J CA.;
SIAII. 01. NOR IIIC:IRULI\t
COI IN 11. or A i n
he foregoing document%.as uc:I.nocc ledge)helOre me this z•u- cla} of A.I.,?)�- 2027
h) CN0t 1.Gy� us Nakk“, lL4 Se✓vtctr of
DUKE ENERGY CAROLINAS, LLC. a North Carolina Hatted Iiabitit. compam, %cito is
personaII !swum ma ttho has produced Qrw "LLuan.se_as idcntitication.
Not.tr} Puhlie- \t) Commission Expires: J2-14-2.5 __
Printed Name, fat S'KiNr. PxrC—. /((Tr\Han.cea!Mill
,,<<uur.uorrH,
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5
3766-0076
IN WITNESS WHEREOF,Duke Energy and Grantee have caused this Agreement to be signed
under seal in their names, as of the date first above written.
Ie �— (SEAL)
BILLY EE PRICE
461A1"14-Abet ' 1 (SEAL)
DONNA DAVIS PRICE
STATE OF NORTH CAROLINA
COUNTY OF
The foregoing document was acknowledged before me this 2, . day of il4 v�}u 7
2O,7 4 by BILLY LEE PRICE and DONNA DAVIS PRICE, who is personally lchown to me or
who has produced as identification.
l_f/Notary Public. y Commission Expires: 1 Z — 2 Z -2�
Printed Name_ "Air" . (Affix Notary Seal Ilere]
BAN R y TiMMERMANSR
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