Application For Encroachment Permit - Kentucky Transportation Cabinet (Page 4 of 4) in pdf

TC 99‐1 (A)

Kentucky Transportation Cabinet

1/2015

Department of Highways

Page 4 of 4

Permits Branch

APPLICATION FOR ENCROACHMENT PERMIT

16. Permittee, its successors and assigns, agree that if the Department determines it is necessary for the facilities

or other encroachment authorized by the permit to be removed, relocated or reconstructed in connection with the

reconstruction, relocation or improvement of a highway, the Department may revoke permission for the

encroachment to remain under the permit and may order its removal, relocation or reconstruction by the

permittee, its successors and assigns, at the expense of the permittee, except where the Department is required

by law to pay any or all of those costs.

17. Permittee agrees that the authorized permit is personal to the permittee and shall remain in effect until such

time as (a) the permittee’s rights to the adjoining real property to have benefitted from the requested

encroachment have been relinquished, (b) until all permit obligations have been assumed by appropriate

successors and assigns, and (c) unless and until a written release from permit obligations has been granted by the

Department. The permit and its requirements shall also bind the real property to have benefitted from the

requested encroachment to the extent permitted by law. The permit and the related encroachment become the

responsibility of the successors and assigns of the permittee and the successors and assigns of each property

owner benefitting from the encroachment, or the encroachment may not otherwise permissibly continue to be

maintained on the right‐of‐way. (Does not apply to utility encroachments serving the general public.)

18. If work authorized by the permit is within a highway construction project in the construction phase, it shall be

the responsibility of the permittee to make personal contact with the Department’s Engineer on the project in

order to coordinate all permitted work with the Department’s prime contractor on the project.

19. This permit is not intended to, nor shall it, affect, alter or alleviate any requirement imposed upon the

permittee, its successors and assigns, by any other agency.

20. Permittee, its successors and assigns, agree to contain and maintain all dirt, mud, and other debris emanating

from the encroachment away from the surrounding right‐of‐way and the travel way of the highway hereafter and

at all times that its obligations under the permit remain in effect.

Application For Encroachment Permit - Kentucky Transportation Cabinet Page 4