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01/20/00 THLT 08:44 FA% 503 986 2840 ODOT REGION 2 1~j013 <br /> 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 ObOT Region Right of Way office to do such work. <br /> <br /> i <br /> <br /> ~ 16. Regardless of who acquires or performs any of the rightof way activities, aright-of way services <br /> agreement shall be created by ObOT 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 forright-of <br /> way, but federal funds were used elsewhere an the project). Agency should contact <br /> the Region Right of Way office for additional information or clarification. <br /> I7. State shall review all right-of-way activities engaged in by Agency to assure compliance with' ~ _ • <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 /> State's Right of Way Manual and.th~ Code of Federal Regulations, Title 23, Part 710 and Title~49, <br /> Part 24. . <br /> 18. If any real property purchased with federal-aid participation is no longer needed for the originally <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 FYIWA of the <br /> required proportionate shares of the fair market value maybe required. <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 <br /> way for the <br /> performance of the project. <br /> AGENCY OBLIGATIONS <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 /> _ _ _ <br /> _ _ _ <br /> <br />