https://connect.ncdot.gov/municipalities/Utilities/EncroachmentForms/16-6A-Three-Party-C-A.pdf

Used for the installation of utility lines (typically water and/or sewer) within control of access rights-of-way.

On full control of access highways, such as interstates, installations are generally limited to perpendicular crossings.

This agreement is used when the applicant (the second party on the encroachment agreement) is installing the utility and will retain maintenance for some limited time before transferring long-term maintenance to the third party on the agreement. Each party must sign the agreement. A separate provision should be manually written and included to clarify what conditions and terms indicate the legal responsibility of the third party for when maintenance is transferred.

This form should NOT be used when a contractor simply intends to perform construction with immediate ownership and maintenance by the long-term owner. In these cases, the correct form would be a 16.1 or 16.2, depending on the location relative to the control of access along the highway.

Example:

A development required to install a water line within control of access right-of-way that will ultimately be maintained by the local municipality.

Utilities Encroachment Agreements

Utilities
Encroachment Agreements