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RIGHT-OF-WAY <br />15. State is .responsible for proper acquisition of the necessary right-of--way and easements for <br />construction and maintenance of the. project. Agency may perform acquisition of the necessary right- <br />of-way and easements for construction and maintenance of the. project, provided Agency (or <br />Agency's consultant) are qualified. to do such work as required by the ODOT Right of Way Manual <br />and have obtained prior approval from ODOT Region Right of Way office to do such work. <br />16. Regardless of who acquires or performs any of the right-of--way activities, aright-of--way services <br />agreement shall be created by ODOT Region Right of Way office setting forth the responsibilities <br />and activities to be accomplished by each party. State shall always be responsible for requesting <br />project funding, coordinating certification of the right-of-way, and providing oversight and <br />monitoring. Funding authorization requests for federal right-of-way funds must be sent through. the <br />Region Right of Way offices on all projects.. All projects must have right-of-way certification <br />coordinated through Region Right of Way offices (even for projects where no federal funds were <br />used for right-of-way, but federal funds were used elsewhere on the pmject). Agency should contact <br />the Region Right of Way office for additional information or clarification. ~ ~ - - ' <br />17. State shall review all xight-of-way activities engaged. in by Agency to assure compliance with` ~:: •: 4 <br />applicable laws and regulations...: Agency agrees that right-of-way activities shall be in accord: with. ~: ° ". ;.:.. ~. <br />the Uniform Relocation~Assistance & Real Property Acquisition Policy Act of 1970, as' amended;.. ~ .... - ~.:~. <br />.. .. <br />___State'.s_ Right of_Way__NS~nuaL and he._Code of FederaLRegulations,_Title.23,: Part._7.1.0 and_Title:_49, ..__;.~. _; ____. <br />authorized purpose, the disposition of such property shall be subject to applicable rules and <br />regulations, which are in effect at.the time of disposition. Reimbursement to State and FHWA of the <br />19. Agency insures that all project right-of--way monumentation will be conducted in conformance with <br />ORS 209.150. <br />20. State and Agency grants each other authority to enter onto the other's right-of--way for the <br />t~Prfnrmanrr nfthp. r~rniPrt <br />AGENCY OBL1GATtONS <br />FINANCE <br />21. Agency shall, prior to the commencement of the preliminary engineering, utility, right-of--way <br />acquisition and miscellaneous phases, deposit with State its estimated share of each phase upon <br />receipt of a written request from State. <br />STDPR098.doc 4 <br />Rev.06-04-98 <br />5 <br />