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City of Eugene /State of Oregon -Dept. of Transportation <br /> <br /> Agreement No. 25, 384 <br /> acquisition and condemnation. If the Oregon Department of Justice is to <br /> handle condemnation work, that information needs to be included in the <br /> resolution adopted by the Agency. Prior approval by Oregon Department of <br /> Justice is required. <br /> 2. Legal Descriptions: <br /> a. Agency shall provide sufficient horizontal control, recovery and retracement <br /> surveys, vesting deeds, maps and other data so that legal descriptions can <br /> be written. <br /> b. Agency shall provide construction plans and cross-section information for <br /> the Project. <br /> c. Agency shall write legal descriptions and prepare right of way maps. If the <br /> Agency acquires any right of way on a State highway, the property <br /> descriptions and right of way maps shall be based upon centerline <br /> stationing and shall be prepared in accordance with the current ODOT Right <br /> of Way & Rail/Utility Coordination, Contractor Services Guide, and the Right <br /> of Way Engineering Manual. The preliminary and final versions of the <br /> property descriptions and right of way maps must be reviewed and <br /> approved by the State. <br /> d. Agency shall specify the degree of title to be acquired (e.g., fee, easement). <br /> 3. Real Property and Title Insurance: <br /> a. Agency shall provide preliminary title reports, if State determines they are <br /> needed, before negotiations for acquisition commence. <br /> b. Agency shall determine sufficiency of title (taking subject to). If the Agency <br /> acquires any right of way on a State highway,. sufficiency of title (taking <br /> subject to) shall be determined in accordance with the current OODT Right <br /> of Way Manual, and the Contractor Services Guide. Agency shall clear any <br /> encumbrances necessary to conform to these requirements, obtain Title <br /> Insurance policies as required and provide the State copies of any title <br /> policies for the properties acquired. <br /> c. Agency shall conduct Level 1 testing for presence of hazardous material. <br /> d. Agency shall conduct reasonable testing up to Level 2, if requested. <br /> • If contamination is found, a recommendation for remediation will be <br /> presented to Agency. <br /> Page_9 of 1.9 <br /> <br />