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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 Rig t 5 _.~~'.~. " ._-,.,~.. -.,-- o CJ g ~ ~ ; I " m !!J ~III Cl :;0-1 :;0 -J> PI 0 11I-1 I'll iI ~1'11 z:;oa o III oi -10 llCCl -"'1 7:;OllCO o :0._:;01'111'1 Zo 'Z:;o "1J J>:;o L:UCl <t rl'11 J> 1II0J>.... Cll'1100 <rE -IOX~oJ:l'11rfl\ :;OZJ:III ~:;OI'11Z J> "'0 -<0-<.... ZJ>OIZ-I. :;0 IIIZ~ OZOJ:~ "'10 0 Olll~ PI ..O~. 11I-<.... :;OO.CiJl\)_' ::a ....:: ~Z. -~Z~ ......... -I . '''Ova Cl-< -<00 . "1J :;0 . III 0 PlO .....:;u1'110';g 1'11"'1 l.tI""'Olol.... ~ ...... PlJ> O';::! ZIII C -II -I r PI . J> .....Z 00 ..... en en i tllM<<Bl INFRf sr. BIIDGE sr. WIGtlllMN I srADIJU sr. ~ ~ I I I J !!I .... ... I !MY ell . . ;a LN- . ,., . /WE. . . . I: . 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