HomeMy WebLinkAbout2002-29 Abandonment Agreement RESOLUTION NO. 2002- C~q
RESOLUTION AUTHORIZING AGREEMENT NO. 707 -
ABANDONMENT AGREEMENT FOR UNIT 1 GREEN SPRINGS
HIGHWAY NO 21 (OR ROUTE 66) (TO THE CITY) CITY OF ASHLAND
WITH THE OREGON DEPARTMENT OF TRANSPORTATION (ODOT);
MP 0.00 TO MP 0.76 (ASHLAND STREET FROM SISKIYOU
BOULEVARD TO FAITH AVENUE)
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. Agreement No. 707 - Abandonment Agreement for Unit 1 Green Springs
Highway No 21 (OR Route 66) (to the City) City of Ashland with the Oregon Department
of Transportation (ODOT); MP 0.00 to MP 0.76, provides for the jurisdictional exchange
of Highway 66 (Ashland Street) between Siskiyou Boulevard and a section just south of
Faith Avenue.
SECTION 2. The Mayor and City Recorder are authorized to sign the agreement on
behalf of the city.
SECTION 3. This resolution takes effect upon signing by the mayor.
This resolution was read by title only in accordance with Ashland Municipal Code
{}2.04.090 duly PASSED and ADOPTED this day of ,
2002.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of ,2002.
Alan DeBoer, Mayor
Reviewed as to form:
Paul Nolte, City Attorney
PAGE 1-RESOLUTION (H:\Resos & Ords\Reso re ODOT Ashland Street Transfer.doc
August 15, 2002 Abandonment & Retention
Agreement No. 707
ABANDONMENT AGREEMENT
Unit 1
Green Springs Highway No. 21 (OR Route 66) (to the City)
City of Ashland
THIS AGREEMENT is made and entered into by and between the STATE OF
OREGON, by and through its Department of Transportation, hereinafter called
"State", and the City of Ashland, a municipal corporation of the State of Oregon,
by and through its City Officials, hereinafter called "City".
WlTNESSETH
RECITALS
1. Green Springs Highway No. 21 (OR Route 66) is under the jurisdiction and
control of State.
2. Pursuant to ORS 373.010, whenever the route of any state highway passes
through the corporate limits of any city, State may locate, relocate, reroute,
abandon, alter, or change such routing when, in its opinion, the interests of
the motoring public will be better served.
3. Pursuant to ORS 366.395, the State may relinquish title to any of its property
not needed by it for highway purposes to any other governmental body or
political subdivision within the State of Oregon, subject to such restrictions, if
any, imposed by deed or other legal instrument or otherwise imposed by
State.
4. By agreement between the City and State, it is possible to eliminate from the
state system a portion of the Green Springs Highway from Engineer's Station
0+00 (MP 0.00) to Engineer's Station 40+06.35 (MP 0.76). It is the purpose
and plan of the parties hereto that Unit 1 be eliminated as a portion of the
Green Springs Highway No. 21 (OR 66) and the state highway system; that
the unit pass to and vest in the City of Ashland, and that Ashland maintain
the unit as a part of its city street system as long as needed for the service of
persons living thereon or a community served thereby.
A&R 707
City of Ashland
NOW THEREFORE, the premises being in general as stated in the foregoing
RECITALS, it is agreed by the State and City as follows:
TERMS OF AGREEMENT
1. In recognition of mutual benefits which will accrue to the residents of the
State of Oregon and the City Ashland, and for the purpose of furthering the
development of a State highway system adapted in all particulars to the
needs of the people of the state of Oregon, State and City have determined
that a jurisdictional transfer of right-of-way between the City and State within
the City Limits of Ashland should be accomplished.
2. It is the purpose and plan of the parties hereto that Unit 1 be eliminated as a
portion of the Green Springs Highway No. 21 (OR 66) and the state highway
system as shown in Exhibit A, attached hereto and by this reference made a
part thereof.
3. Jurisdiction, control and maintenance responsibilities of said unit shall pass to
and vest in the City of Ashland. Ashland shall maintain Unit 1 as a part of its
city street system as long as needed for the service of persons living thereon
or a community served thereby. This highway unit is more fully described
below.
4. This agreement covering the jurisdictional exchange of highways will become
effective on the date all required signatures are obtained, and shall remain in
effect for the purpose of on-going maintenance responsibilities for the useful
life of the facilities referred to in this agreement.
STATE'S OBLIGATIONS
1. State shall, by resolution, formally eliminate Unit 1 as a portion of the
Green Springs Highway and the state highway system as shown in Exhibit
A. All rights, title, and interest of State, including all jurisdiction,
maintenance, and control in said unit shall pass to and vest in City. Unit 1
is described as follows:
Unit 1
All land within the right-of-way boundaries of the Green Springs
Highway No. 21 as presently located from approximately Highway
Engineer's Station 0+00 (MP 0.00) opposite the intersection of
2
A&R 707
City of Ashland
Rogue Valley Highway No. 9) easterly to Engineer's
Station 40+06.35 (MP 0.76) located at the Union Pacific Railroad
(UPRR) overcrossing, Bridge No. 0406A. Sections 10, 11, 14 and
15, Township 39 South, Range 1 East, Willamette Meridian;
Jackson County, Oregon.
2. State agrees to pay City, an amount not to exceed $748,005 on or
before November 1, 2004, in Statewide Transportation
Improvement Program (STIP) funds. Said dollar amount includes
the cost of pavement preservation treatments.
3. After November 1, 2003, and at State's option, State agrees to
reimburse the City for pavement preservation treatments or State
shall overlay Unit 1. Should State choose to overlay Unit I prior to
jurisdictional transfer, $423,600 shall be deducted from the
$748,005 outlined in paragraph 2 above.'
CITY'S OBLIGATIONS
1. City agrees to accept all of State's rights, title and interest in Unit 1; to accept
jurisdiction and control over the property; and to maintain the property as a
portion of its city street system as long as needed for the service of persons
living thereon or a community served thereby. Any right-of-way being
transferred in which State has any title shall be vested in City so long as used
for public road purposes. If said right-of-way is no longer used for public road
purposes, it shall automatically revert to State.
2. City agrees to State retaining any and all purchased access rights of Unit 1.
3. City shall pass an ordinance or resolution, as the case may be, authorizing
Mayor/Manager and Recorder to enter into the agreement on behalf of City.
GENERAL PROVISIONS
1. The properties above described are relinquished and transferred subject to
the rights of any utilities located within said properties and further subject to
the rights of the owners of said existing facilities, if any there be, to operate,
reconstruct, and maintain their utility facilities presently located within said
properties.
3
A&R 707
City of Ashland
2. This agreement may be terminated by mutual written consent of both parties.
State may terminate this agreement effective upon delivery of written notice
to City or at such later date as may be established by City, under any of the
following conditions:
a. If City fails to provide services called for by this agreement
within the time specified herein or any extension thereof.
b. If City fails to perform any of the other provisions of this
agreement, or so fails to pursue the work as to endanger
performance of this agreement in accordance with its terms, and
after receipt of written notice from fails to correct such failures
within 10 days or such longer period as may authorize.
d. If State fails to receive funding, appropriations, limitations or
other expenditure authority at levels sufficient to pay for the work
provided in the agreement.
e. If federal or state laws, regulations or guidelines are
modified or interpreted in such a way that either the work under
this agreement is prohibited or if State is prohibited from paying
for such work from the planned funding source.
Any termination of this agreement shall not prejudice any rights or obligations.
5. Both parties acknowledge and agree that each other and the Oregon
Secretary of State's office and the federal government and their duly
authorized representatives shall have access to such fiscal records and other
books, documents, papers, plans and writings of both parties that are
pertinent to this agreement to perform examinations and audits and make
excerpts and transcripts.
6. Both parties shall comply with all federal, state, and local laws, regulations,
executive orders and ordinances applicable to the work under this
agreement, including, without limitation, the provisions of ORS 279.312,
279.314, 279.316, 279.320 and 279.555, which hereby are incorporated by
reference. VVithout limiting the generality of the foregoing, City and State
expressly agree to comply with (I) Title VI of Civil Rights Act of 1964; (ii)
Section V of the Rehabilitation Act of 1973; (iii) the Americans with
Disabilities Act of 1990 and ORS 659.425; (iv) all regulations and
administrative rules established pursuant to the foregoing laws, and (v) all
4
A&R 707
City of Ashland
other applicable requirements of federal and state civil rights and
rehabilitation statutes, rules and regulations.
7. This agreement and attached exhibits constitute the entire agreement
between the parties on the subject matter hereof. There are no
understandings, agreements, or representations, oral or written, not specified
herein regarding this agreement. No waiver, consent, modification or change
of terms of this agreement shall bind either party unless in writing and signed
by both parties and all necessary approvals have been obtained. Such
waiver, consent, modification or change, if made, shall be effective only in the
specific instance and for the specific purpose given. The failure of State to
enforce any provision of this agreement shall not constitute a waiver by State
of that or any other provision.
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed
their seals as of the day and year hereinafter written.
The Oregon Transportation Commission approved this agreement on March 8,
2000~
and authorized the Executive Director/Chief Engineer to execute the agreement.
Said authority is recorded in the Commission minutes.
CITY OF ASHLAND, by and STATE OF OREGON, by and
through its City Officials its Department of Transportation
By By
City Mayor/Manager Executive director/Chief Engineer
Date Date
By APPROVAL RECOMMENDED
City Recorder
By
Date Right-of-Way Manager
Date
APPROVED AS TO LEGAL SUFFICIENCY
By
Assistant Attorney General By
Region Manager
Date
Date
5
RESOLUTION NO. 2002- d.--q
RESOLUTION AUTHORIZING AGREEMENT NO. 707 -
ABANDONMENT AGREEMENT FOR UNIT 1 GREEN SPRINGS
HIGHWAY NO 21 (OR ROUTE 66) (TO THE CITY) CITY OF ASHLAND
WITH THE OREGON DEPARTMENT OF TRANSPORTATION (ODOT);
MP 0.00 TO MP 0.76 (ASHLAND STREET FROM SISKIYOU
BOULEVARD TO FAITH AVENUE)
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. Agreement No. 707 - Abandonment Agreement for Unit 1 Green Springs
Highway No 21 (OR Route 66) (to the City) City of Ashland with the Oregon Department
of Transportation (ODOT); MP 0.00 to MP 0.76, provides for the jurisdictional exchange
of Highway 66 (Ashland Street) between Siskiyou Boulevard and a section just south of
Faith Avenue.
SECTION 2. The Mayor and City Recorder are authorized to sign the agreement on
behalf of the city.
SECTION 3. This resolution takes effect upon signing by the mayor.
This resolution was read by title only in accordance with Ashland M#ic~al C~de
~2.04.090 duly PASSED and ADOPTED this 3 day of ~
200..J?' 2. , ,.
~~
Barbara Christensen, City Recorder I ~ ,
SIGNED and APPROVED this ~ day of ""~ ' 2002.
~4~/
Alan DeBoer, Mayor
Reviewed as to form:
p~~J
Paul Nolte, City Attorney
-
PAGE 1-RESOLUTION
(H:\Resos & Ords\Reso re OOOT Ashland Street Transfer.doc
If ~.~ -Oregon
~\lf.l\~\ '. .. : ~~I
'\ ,\:. - .' /I
\~:;./
~~f;V John A. Kitzhaber, M.D., Governor
Department of Transportation
Transportation Building
355 Capitol St. NE
Salem, Ore~:on 97301
FILE CODE: AGR
December 17, 2002
City of Ashland
Attention: Barbara Christensen, City Recorder
20 E. Main St.
Ashland, OR 97520-1849
Enclosed for your records is a fully executed copy of Jurisdictional Transfer
Agreement number 707. This agreement covers Rogue Valley Hwy 63 to
UPRR Overcrossing Section, Green Springs Hwy No. 21 (State Hwy No. 21,
OR Route 66).
We have retained a fully executed copy of this agreement for the Department of
Transportation's files.
~~/L . ~
Karin Jorg~:n~ments Specialist
Construction Contracts Unit
Roadway Engineering Section
Enclosure
KJ/plg
Form 734-3122 (4-99)
November 8, 2002
Jurisdictional Transfer
Agreement No. 707
JURISDICTIONAL TRANSFER AGREEMENT
Rogue Valley Hwy. 63 to UPRR Overcrossing Section
Green Springs Highway No. 21 (State Hwy. No 21, OR Route 66)
City of Ashland
THIS AGREEMENT is made and entered into by and between the STATE OF OREGON,
by and through its Department of Transportation, hereinafter called .StateR, and the City of
Ashland, a municipal corporation of the State of Oregon, by and through its City Officials,
hereinafter called .City".
WITNESSETH
RECIT ALS
1. Green Springs Highway, State Hwy. No. 21 (OR Route 66) is a part of the state
highway system under the jurisdiction and control of State. This portion of the highway
is also designated OR Route 66.
2. Pursuant to ORS 373.010, whenever the route of any state highway passes through
the corporate limits of any city, State may locate, relocate, reroute, abandon, alter, or
change such routing when, in its opinion, the interests of the motoring public will be
better served.
3. Pursuant to ORS 366.395, the State may relinquish title to any of its property not
needed by it for highway purposes to any other governmental body or political
subdivision within the State of Oregon, subject to such restrictions, if any, imposed by
deed or other legal instrument or otherwise imposed by State.
4. By agreement, City and State, shall eliminate from the state system a portion of the
Green Springs Highway from MP 0.00 to MP 0.73, hereinafter referred to as "Unit 1". It
is the purpose and plan of the parties hereto that Unit 1 be eliminated as a portion of
the Green Springs Highway No. 21 (OR 66) and the state highway system; that the
unit pass to and vest in the City, and that City maintain the unit as a part of its city
street system as long as needed for the service of persons living thereon or a
community served thereby.
NOW THEREFORE, the premises being in general as stated in the foregoing RECITALS,
it is agreed by the State and City as follows
"~, .,,-~ ~ ... ,...._.-.-...-_..~_,____ ..~." u, '''''_.,~__... .
Jurisdictional Agreement 707
City of Ashland
TERMS OF AGREEMENT
1. In recognition of mutual benefits which shall accrue to the residents of the State
and the City, and for the purpose of furthering the development of a state highway
system adapted in all particulars to the needs of the people of the State, State and
City have determined that a jurisdictional transfer of right-of-way between the City
and State within the city limits of City, shall be accomplished.
2. It is the purpose and plan of the parties hereto that Unit 1 be eliminated as a
portion of the Green Springs Highway No. 21 (OR 66) and the state highway
system. Jurisdiction, control and maintenance responsibilities of said unit shall
pass to and vest in the City. City shall maintain Unit 1 as a part of its city street
system as long as needed for the service of persons living thereon or a community
served thereby. Unit 1 is shown on Exhibit A attached hereto and by this reference
made a part hereof.
3. This roadway shall retain the designation as OR Route 66.
4. This agreement covering the jurisdictional exchange of highways shall become
effective on the date all required signatures are obtained, and shall remain in effect
for the purpose of on-going maintenance responsibilities for the useful life of the
facilities referred to in this agreement.
STATE'S OBLIGATIONS
1. State shall, by resolution, formally eliminate Unit 1 as a portion of the Green Springs
Highway and the state highway system. All right, title, and interest of State, including
all jurisdiction, maintenance, and control in said unit shall pass to and vest in City.
Unit 1 is described as follows:
Unit 1
All land within the right-of-way boundaries of the
Green Springs Highway No. 21 as presently located
from approximately MP 0.00 opposite the intersection
of Rogue Valley Highway No. 63 (OR 99) easterly to
MP 0.73 located at the Union Pacific Railroad
(UPRR) overcrossing, Bridge No. 0406A. Sections
10, 11, 14 and 15, Township 39 South, Range 1 East,
Willamette Meridian; Jackson County, Oregon.
2
W"~_"".,..- . '~~";_~_'_"""___'~____' _~.. ....~_
Jurisdictional Agreement 707
City of Ashland
2. State agrees to reimburse the City, an amount not to exceed $748,000 in accordance
with the following payment schedule:
$200,000
$181,750
$366,250
State Funds (Key No. 12687)
State Funds (Key No. 12743)
State Funds (Key No. 12687)
December 31, 2002
November 30, 2003
November 30, 2004
3. State shall retain any and all access rights in Unit 1 previously acquired by State.
CITY'S OBLIGATIONS
1. City agrees to accept all of State's right, title and interest in Unit 1; to accept
jurisdiction and control over the property; and to maintain the property as a portion of
its city street system as long as needed for the service of persons living thereon or a
community served thereby. Any right-of-way being transferred in which State has any
title shall be vested in City so long as used for public road purposes. If said right-of-
way is no longer used for publiC road purposes, it shall automatically revert to State,
2. City agrees to overlay Unit 1 in conformance to the American Association of State
Highway and Transportation Officials (AASHTO) standards.
3. City agrees that State shall retain any and all access rights in Unit 1 previously
acquired by State, and shall preserve the control of access by State.
4. City shall pass an ordinance or resolution, as appropriate, authorizing Mayor/Manager
and Recorder to enter into the agreement on behalf of City.
5. City shall retain the road designation as OR Route 66 and maintain the route signs.
GENERAL PROVISIONS
1. The properties above described are relinquished and transferred subject to the rights
of any utilities located within said properties and further subject to the rights of the
owners of said existing facilities, if any there be, to operate, reconstruct, and maintain
their utility facilities presently located within said properties.
2. This agreement may be terminated by mutual written consent of both parties. State
may terminate this agreement effective upon delivery of written notice to City or at
such later date as may be established by City, under any of the following conditions:
a. If City fails to provide services called for by this agreement within the
time specified herein or any extension thereof.
3
_..___._...........~."..,_._.._...____,.,..,.,.~.~_~,__._.,..._._____..._... ....__..___,__,~_.__,._.. ,"..m..__' ..
-_._.~._.~.._"."-
Jurisdictional Agreement 707
City of Ashland
b. If City fails to perform any of the other provisions of this agreement,
or so fails to pursue the work as to endanger performance of this
agreement in accordance with its terms, and after receipt of written notice
from fails to correct such failures within 10 days or such longer period as
may authorize.
c. If State fails to receive funding, appropriations, limitations or other
expenditure authority at levels sufficient to pay for the work provided in the
agreement.
d. If federal or state laws, regulations or guidelines are modified or
interpreted in such a way that either the work under this agreement is
prohibited or if State is prohibited from paying for such work from the
planned funding source.
Any termination of this agreement shall not prejudice any rights or obligations.
3. Both parties acknowledge and agree that each other and the Oregon Secretary of
State's office and the federal government and their duly authorized representatives
shall have access to such fiscal records and other books, documents, papers, plans
and writings of both parties that are pertinent to this agreement to perform
examinations and audits and make excerpts and transcripts.
4. City and State shall comply with all federal, state, and local laws, regulations,
executive orders and ordinances applicable to the work under this agreement,
including, without limitation, the provisions of ORS 279.312, 279.314, 279,316,
279.320 and 279.555, which hereby are incorporated by reference. Without limiting
the generality of the foregoing, City and State expressly agree to comply with (i) Title
VI of Civil Rights Act of 1964; (ii) Section V of the Rehabilitation Act of 1973; (iii) the
Americans with Disabilities Act of 1990 and ORS 659A 142; (iv) all regulations and
administrative rules established pursuant to the foregoing laws; and (v) all other
applicable requirements of federal and state civil rights and rehabilitation statutes,
rules and regulations.
5. This agreement and attached exhibits constitute the entire agreement between the
parties on the subject matter hereof. There are no understandings, agreements, or
representations, oral or written, not specified herein regarding this agreement. No
waiver, consent, modification, or change of terms of this agreement shall bind either
party unless in writing and signed by both parties and all necessary approvals have
been obtained. Such waiver, consent, modification, or change, if made, shall be
effective only in the specific instance and for the specific purpose given. The failure of
State to enforce any provision of this agreement shall not constitute a waiver by State
of that or any other provision.
SIGNATURE PAGE TO FOllOW
4
Jurisdictional Agreement 707
City of Ashland
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals
as of the day and year hereinafter written.
The Oregon Transportation Commission approved this agreement on March 8, 2000 and
authorized the Executive Director/Chief Engineer to execute the agreement. Said
authority is recorded in the Commission minutes.
The Oregon Transportation Commission on January 16, 2002, approved Delegation Order
No.2, which authorizes the Director to approve and execute agreements for day-to-day
operations when the work is related to a project included in the Statewide Transportation
Improvement Program or a line item in the biennial budget approved by the Commission.
On January 31, 2002, the Director of the Oregon Department of Transportation approved
Subdelegation Order No.2, in which the Director delegates authority to the Executive
Deputy Director for Highways, to approve and execute agreements over $75,000 when the
work is related to a project included in the Statewide Transportation Improvement
Program.
CITY OF ASHLAND, by and through its
Elected OfficiC!ls _ , ~~
By ~4--7~ J -
City Mayor/Manager
By J&n ~~1e
AeJ- ity Recorder
Date
If ~ d. 7-0d-.
.
By
City Attorney
Date " - -z., 7 ,., a ~
APPR~~ AS TO LEGALSUFFICIENCY
By t!/ -L K ~~
Assistant Attorney General
Illll(c/Z
Date
STATE OF OREGON, by and through its
De rtment of TransR rtation
ighways
Date /"2 - / "5 - () 1-
APP~VA_L RECOMMENDED
By ~ (VJ . /'J~
Tech Services Manager/Chief Engineer
Date 2--13 -:.0<.-
By
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