HomeMy WebLinkAbout2002-182 Transfer Agrmt - ODOTNovember 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 '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. 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 motodng 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 a0mernent, City and .(;tare, ~hall eliminate from the Crate Cy~tem a portion of the
Green Springs Highway from MP 0.00 to MP 0.73, hereinafter referred to as uUnit 1". It
is the purpose and plan of the parties hereto that Unit I be eliminated as a portion of
the Green Spdngs 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
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 I 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 I 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 I
Ail land within the right-of-way boundaries of the
Green Spdngs 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.
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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 State Funds (Key No. 12687) December 31, 2002
$181,750 State Funds (Key No. 12743) November 30, 2003
$366,250 State Funds (Key No. 12687) November 30, 2004
3. State shall retain any and all access rights in Unit I 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 oveday Unit I 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 dghts in Unit I 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 wdtten 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.
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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 wdtten 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 dghts 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 e, ny 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 Mamh 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 STATE OF OREGON, by and through its
Elected Officials _~--.~ Department of Transportation
City Mayor/Manager Executive Deputy Director for Highways
By J~l _ (~~ Date
City Recorder
APPROVAL FIECOMMENDED
Date ti'
By
APPR/,(;~~GAL SUFFICIENCY Tach Services Manager/Chief Engineer
By. ~' I "~ u,/ Date
City Attorney
Date /I "-~'"-) '" ~"-Z""/ By
Right of Way Manager
APPROVED AS TO LEGAL SUFFICIENCY
Date
By.
Assistant Attomey General
By.
Date Region 3 Manager
Date
5
Jar'Idarv 27, 2003 Misc. Contracts and Agreements
Jurisdictional Transfer No. 699-01
AMENDMENT NO. 1
Rogue Valley Highway No. 63 (Route 99) 4th Street - Walker Avenue
The State of Oregon, acting by and through its Department of Transportation,
hereinafter referred to as State and the City of Ashland, hereinafter referred to as City,
entered into an Agreement on January 26, 2001. Said agreement covers jurisdictional
tramsfer of Rogue Valley Highway No. 63 (OR 99) between 4th Street to Walker
Avenue
It has now been determined by State and City that the agreement referenced above,
although remaining in full force and effect, shall be amended by this agreement to
i nor'ease costs.
Paragraph 4 of TERMS OF AGREEMENT, Page 2, which reads:
4 iJpon 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.
Shall be amended to read:
4 Upon jurisdictional transfer of right-of-way, State shall make a total payment to City
,3f $2,472,223 in State funds, as further described under "STATE OBLIGATIONS",
page 4, paragraph 4.
Paragraph 3 of STATE'S OBLIGATIONS, Page 3, which reads:
3 State will pay $698,223 in State funds to the City as outlined and scheduled in
paragraph 4 below.
Shall be amended to read:
3. State will pay $972,223 in State funds to the City as outlined and scheduled in
aaragraph 4 below.
Transfer No. 6c~
Highway No. 63 (Route 99)
Aslfland
Paragraph 4 of STATE'S OBLIGATIONS, Page 3, which reads:
4 Payment Schedule/Funds
November 30, 2000 $ 100,000 (State funds)
July 31, 2001 $ 78,223 (State funds)
October 1, 2001 $1,500,000 (STIP, Per City's monthly billings)
October 1, 2003 $ 520,000 (State funds)
Total: $2,198,223
Shall be amended to read:
4~ Payment Schedule/Funds
November 30, 2000 $ 100,000 (State funds)
July 31, 2001 $ 78,223 (State funds)
October 1, 2001 $1,500,000 (STIP, Per City's monthly billings)
January 31,2003 $ 274,000 (State funds)
October 1, 2003 $ 520,000 (State funds)
Total: $2,472,223
Paragraph 3 of CITY'S OBLIGATIONS, which reads:
3~ Upon transfer of right-of-way, City agrees to reconstruct the roadway and add
bicycle lanes on the 4m Street-Walker Avenue Section of the Rogue Valley Highway
as part of this jurisdictional exchange. City also agrees to bring existing sidewalks
,nto 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
/ear 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
ts described in Unit I to the State.
Shall be amended to read;
3 Upon transfer of right-of-way, City agrees to reconstruct the roadway and add
bicycle lanes on the 4th Street-Walker Avenue Section of the Rogue Valley Highway
as part of this jurisdictional exchange. City also agrees to bring existing sidewalks
~nto 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 $2,472,223 and return ownership of the right-of-way
as described in Unit 1 to the State.
!,~ ~sdi~ n,)nal Transfer No.
}<~,~ue Valley Highway No 63 (Route 99)
, ~ of ~s~and
Insert r~ew Paragraph 6 of CITY OBLIGATIONS, Page 5, to read as follows:
6 City shall, at City expense, construct improvements at the intersection of Tolman
Creek Road & Rogue Valley Highway No. 63 (OR 99). Said intersection
improvements will improve safety, traffic flow, and pedestrian access. City and
ODOT agree that a mutual review of the preliminary plans and construction plans
will be conducted pdor to advertisement for construction bid proposals.
IN WI-fNESS WHEREOF, the parties hereto have set their hands and their seals as of
the day and year hereinafter written.
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.
The Oregon Transportation Commission approved this agreement on October 11, 2000,
and authorized the Executive Deputy Director to execute the agreement. Said authority
is ~'ecorded in the Commission minutes.
SIGNATURE PAGE TO FOLLOW
!~ir ~,dtct~}~ual Transfer No. 699
g~:,~le Valley Highway No. 6::; (Route 99)
tit of Ashland
Or 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 STATE OF OREGON, by and through its
City Officials Department of Transportation
·
By
City Mayer/Manager Executive Deputy Director
Dale
Date
_...., ,~¢;;z.r~~ APPROVAL RECOMMENDED
Citv Reoorder
By
Date ..... Technical Se~ces Manager/Chief
Engineer
APPROVED AS TO LEGAL
SUFF~E~y_,~,~ },~ Date
City A~omey By.
Date ,~:~ ~[ O~ Right-of-Way Manager
Date
APPROVED AS TO LEGAL
SUFFICIENCY By.
Region 3 Manager
By.
~sistant A~orney General Date
Date
AGENCY ADDRESS
City of Ashland
Attn: City Recorder
20 East Main Street
Ashland OR 97520