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HomeMy WebLinkAbout2001-015 Abandonment Agrmt - SiskiyouOctober 23, 2000 Abandonment & Retention Agreement No. 699 Key No. 07200 ABANDONMENT AGREEMENT Unit 1 Rogue Valley Highway No. 63 (Route 99) 4th Street - Walker Avenue MP 19.5 to 20.8 (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". WITNESSETH RECITALS 1. Rogue Valley Highway No. 63isunderthejurisdictionandcontrol~Sta~. 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, alter, or change such routing when in its opinion the interests of the motoring public will be better served. 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. A&R 699' 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 OFAGREEMENT In recognition of mutual benefits which will accrue to the residents of the State of Oregon and the City of 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. State plans and proposes to relinquish State jurisdiction, control, and maintenance responsibilities to the City in Unit 1 of Rogue Valley Highway 63, as shown on Exhibit A, attached hereto and by this reference made a part thereof. This unit of highways is more fully described below. This agreement and jurisdictional exchange of highway 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. Upon jurisdictional transfer of right-of-way, State shall make a total payment to City of $2,198,223 in State funds, as further described under "STATE OBLIGATIONS", page 4, paragraph 4. 2 A&R 699' City of Ashland STATE'S OBLIGATIONS State shall, by resolution, formally eliminate Unit 1 as a portion of the Rogue Valley Highway No. 63 and the state highway system as shown in Exhibit A. All right, title, and interest of State, including all jurisdiction, maintenance, and control shall pass to and vest in City as described as follows: Unit 1 All land within the right-of-way boundaries of the Rogue Valley Highway, Highway No. 63 as presently located, beginning at the intersection with East Main Street at approximately M.P. 19.52; thence running Southeasterly to its intersection with the west curb line of Walker Avenue at approximately M.P. 20.84, lying in Sections 9, 10, and 15, Township 39 South, Range 1 East, W.M., Jackson County, Oregon. After October 1, 2001, State shall, upon receipt of monthly billings of project costs from City, pay itemized amounts within 45 days of receipt of invoice up to $1,500,000. Said funds will be paid from 2000 - 2003 STIP Modernization Program (Key ~K)7200) for project expenses as outlined and scheduled in paragraph 4 below. State will pay $698,223 in State funds to the City as outlined and scheduled in paragraph 4 below. 4. Payment Schedule/Funds > November 30, 2000 > July 31, 2001 > October 1, 2001 > October 1, 2003 Total: $ 100,000 (State funds) $ 78,223 (State funds) $1,500,000 (STIP, Per City's monthly billings) $ 520,000 (State funds) $2,198,223 3 A&R 699~ City of Ashland CITY'S OBLIGATIONS 1. City agrees to accept all of State's dght, title and interest in Unit 1; to accept jurisdiction and control over the property; and to maintain the property as part 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 I°ng 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 dollar amounts and payment schedule as outlined in "STATE'S OBLIGATIONS" paragraph 4. 3. Upon transfer of right-of-way, City agrees to reconstruct the roadway and add bicycle lanes on the 4~ Street-Walker Avenue Section of the Rogue Valley Highway as part of this jurisdictional exchange. City also agrees to bring existing sidewalks into compliance with the Americans with Disabilities Act (ADA). This project is scheduled for construction in 2002 and shall be completed by the end of calendar year 2003. If City should not reconstruct this project as outlined in this agreement, City shall reimburse State the $2,198,223 and return ownership of the right-of-way as described in Unit 1 to the State. 4. City shall compile accurate project records. When the actual total City cost of the project has been computed, City shall furnish State with an itemized statement of said project costs. After October 1, 2001, City shall forward to State monthly- itemized billings not to exceed $1,500,000 for City's project costs incurred to date. 4 A~&R 699' City of Ashland 5. 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 abandoned 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. Nothing in this paragraph shall be deemed, however, to relieve any utility or owner from complying with the City's ordinances regulating the use of public rights-of-way; regulating the operation, reconstruction and maintenance of utility facilities in public rights-of-way; requiring the owner to obtain a franchise from the City to use such rights-of-way and requiring payment to the City for such use. State shall use its best efforts to identify all utilities located within the properties being transferred and shall cooperate with City in notifying such entities as to City requirements. Both parties, their consultants or subcontractors, if any, and all employers working under this agreement are subject employers under the Oregon Workers Compensation Law and shall comply with ORS 656.017, which requires them to provide workers' compensation coverage for all their subject workers. 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 wdtings of both parties that are pertinent to this agreement to perfom~ examinations and audits and make excerpts and transcripts. 5 A&R 699' City of Ashland 4. 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 State, 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 State fails to receive funding, appropriations, limitations or other expenditure authority at levels sufficient to pay for the work provided in the agreement. Any termination of this agreement shall not prejudice any rights or obligations accrued to the parties prior to termination. 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. 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 659.425; (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. o This agreement and attached exhibits constitute the entire agreement between the parties on the subject matter h~reof. 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 A;&R 699' · City of Ashland 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] 7 A&R 699' 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 October 11, 2000, and authorized the Executive Deputy Director/Chief Engineer to execute the agreement. Said authority is recorded in the Commission minutes. CITY OF ASHLAND, by and through its City Officials City Mayor/Manager Engineer Date City Recorder Date STATE OF OREGON, by and through its Dep. a~nent of Transportation Executive Deputy Directo~'f Date APPROV~L~ECOMMENDED Right-of-Way Manager By ~ 7/, '- ' ~--- Assistant Attorney General Date //'Z. Date ~/-./././,~/'~ R~gion M~nager Date 'J!~ ~0 ! Legal review by ~[~ on ~"~./~/~ RESOLUTION NO. 2000- _~..~ A RESOLUTION AUTHORIZING THE AGREEMENT WITH THE OREGON DEPARTMENT OF TRANSPORTATION (ODOT) FOR JURISDICTIONAL EXCHANGE OF HIGHWAY 99 (SISKIYOU BOULEVARD) FROM 4TH TO WALKER STREETS IN CONJUNCTION WITH THE APPROVED STIP MODERNIZATION PROJECT THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The Abandonment and Retention Agreement #699 between ODOT and the City of Ashland which provides for the jurisdictional exchange of Highway 99 (Siskiyou Boulevard) from 4th Street to Walker Street is approved. SECTION 2. The Mayor and City Recorder are authorized to sign the agreement on behalf of the City of Ashland. This resolution was read by title only in accordance with Ashland Municipal Code §~ASSED and ADOPTED this /.~2 day of ~ , 2000. Barbara Christensen, City Recorder SIGNED and APPROVED this /Y day of ~ 2000. d/~<~ r m: Paul Nolte, City Attorney Catherine M. Shaw, Mayor 1 ~ RESOLUTION G:qegal\PAUL\siskiyou jut ex reso wpd CITY OF ASHLAND CITY HALL ASHLAND, OREGON 97520 NOTICE OF TRANSMITTAL TO: BARBARA CHRISTENSEN PAUL NOLTE DATE: PROJECT: JOB NO.: SUBJECT: MARCH 16, 2001 SISKIYOU BLVD REDESIGN PROJECT ABANDONMENT AGREEMENT THE FOLLOWING ITEMS ARE BEING SENT TO YOU: Barbara - please file this original Abandonment Agreement for the Siskiyou Boulevard Jurisdictional Exchange. Paul - a copy of the agreement for your information and files. ENCLOSED )~ UNDER SEPARATE COVER REMARKS: COPIES TO: Department of Public Works Engineering Department By: Dawn Curtis Title: Administrative Assistant G:\pub-wrks\admin~PB Streets\Siskiyou Blvd Imp~bandonment Agreement NOT.doc -O-r gon ~ Jol~n A. Kitzlaaber, M.D., Govemor Department of Transportation Transportation Building 355 Capitol St. NE Salem Oregon 97301 FILE CODE: ASR Janua~ 31,2001 City of Ashland Attention: Paula Brown 20 East Main Street Ashland, OR 97520 Enclosed for your records is a fully executed copy of Abandonment Agreement number 699. This agreement covers the Rogue Valley Highway Number 063 (4th Street-Walker Avenue) Misc. Plans 19.50-20.80. We have retained a fully executed copy of this agreement for the Department of Transportation's files. Rob Heyman, Agreement Specialist Construction Contracts Unit Roadway Engineering Section Enclosure RH:ws Form 734-3122 (4-99) CITY OF ASHLAND