HomeMy WebLinkAbout2002-133 Abandonment Agrmt - ODOTJune 24, 2002 Abandonment & Retention
Agreement No. 725
Key No. 12382
ABANDONMENT AGREEMENT
Siskiyou Boulevard at Lithia Way and E. Main Street
Rogue Valley Highway No. 63 (OR 99)
MP 19.52 to 19.46 (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. 63 is a State Highway under the jurisdiction and control
of State. Rogue Valley Highway is also designated as State Route OR 99.
2. By the authority granted in ORS 366.770 and 366.775, State may enter into
cooperative agreements with the counties and cities for the performance of work on
certain types of improvement projects with the allocation of costs on terms and
conditions mutually agreeable to the contracting parties.
3. Pursuant to ORS 373.010, whenever a State highway passes through the corporate
limits of any city, State may locate, relocate, reroute, alter, or change any State
highway when in its opinion the interests of the motoring public will be better served.
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Notes: ODOT Abandonment agreement
A&R'725
City of Ashland
4. 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.
5. Under the provisions of ORS 366.300, State and City may enter into agreements for
the disposition of a section of any state highway that may be eliminated from the
State highway system by reason of relocation or realignment of the highway where
the section to be eliminated is needed for the service of a community served
thereby.
6. The State maintains a State Route system to assist the motoring public in their
travels. Designated routes may be composed of both State highways and Local
roads. Designation and elimination of State Routes are under authority of the
Oregon Transportation Commission
7. By agreement between the City and State, it is possible to eliminate from the state
highway system a portion of the Rogue Valley Highway No. 63, and to transfer
jurisdiction from State to City, Unit 1 for the service of persons living thereon or for a
community served thereby. It is the purpose and plan of the parties hereto that Unit
1 be eliminated as a portion of the Rogue Valley Highway No. 63 and the state
highway system; that the unit pass to and vest in City; and that City maintain the unit
as a part of its city road system as long as needed for the service of persons living
thereon or a community served thereby.' This section of roadway shall retain the
State Route OR 99 designation.
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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 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.
2. State plans and proposes to relinquish State jurisdiction, control, and maintenance
responsibilities to the City in Unit 1 of Rogue Valley Highway No. 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.
3. This agreement 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.
4. In recognition of the benefits to the motoring public, this section of roadway will
retain the State Route OR 99 designation.
STATE'S OBLIGATIONS
1. 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,
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City of Ashland
and interest of State in the Unit, 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
No. 63, as presently located, beginning on East Main Street at M.P. 19.52;
thence Northwesterly on East Main Street to its intersection with the
Northwesterly curb line of North 3RD Street at M.P. 19.46.
ALSO beginning on East Main Street at M.P. 19.52; thence
Northwesterly on Lithia Way to its intersection with the Northwesterly curb
line of North 3RD Street at M.P. 19.46 and lying in Section 9, Township 39
South, Range 1 East, W.M., Jackson County, Oregon.
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.
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 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 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 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.
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City of Ashland
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.
2. 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.
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. 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
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City of Ashland
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
specked 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 State fails to correct such failures within
10 days or such longer period as State 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 accrued
to the parties prior to termination.
5. If City fails to maintain facilities in accordance with the terms of this agreement,
State, at its option, may maintain the facility and bill City, seek an injunction to
enforce the duties and obligations of this agreement or take any other action
allowed by law.
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. Without limiting
the generality of the foregoing, City and State expressly agree to comply with (1) Title
VI of Civil Rights Act of 1964; (ii) Section V of the Rehabilitation Act of 1973; (iii) the
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City of Ashland
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.
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.
SIGNATURE PAGE TO FOLLOW
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City of Ashland
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed
seals as of the day and year hereinafter written.
The Director on January 31, 2002, approved Subdelegation Order No. 2, which
grants authority to the Deputy Director for the Oregon Transportation Invest ent Act to
approve and execute agreements over $75,000 when the work is related t a project
included in the Statewide Transportation Improvement Program, in t e Oregon
Transportation Investment Act project list, or in the approved biennial budget.
Pursuant to a Letter of Authority dated February 22, 2002, the Technical
Services Manager/Chief Engineer authorized the Right of Way Manager to approve and
execute agreements abandoning -owned right of way when the property is not required
for future State use.
CITY OF ASHLAND, by and
through its City Officials
By
City Mayor/Manager
Date l7 ?c?---
By
City ecorder
Date 7-/
STATE OF OREGON, by and through
its Department of Transportation
By
Righ f-Way Manager
Date 2 f3 Z
APP "I_ R COMMENDE
By
Regi 3 -Manager
Date q) 2 li2
ABPP ED AS,TO LEGAL SUFFICIENCY
Ir, 41
Assistant Attorney General
Date V2 / l G Z
Agency Address:
City of Ashland
Attn Public Works Director
20 East Main Street
Ashland OR 97520
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