Transfer of Right of Way to Agency. When right of way is being acquired in State’s name, State agrees to transfer and Agency agrees to accept all right of way acquired on the Agency’s facility, subject to concurrence from FHWA at the time of the transfer. The specific method of conveyance will be determined by the State and the Agency at the time of transfer and shall be coordinated by the State’s Region Right of Way Manager. If requested, State agrees to provide Agency information and file documentation associated with the transfer. APPLICABLE ONLY IF FEDERAL FUNDS INVOLVED For purposes of Exhibits B and C, references to Department shall mean State, references to Contractor shall mean Agency, and references to Contract shall mean Agreement. EXHIBIT B (Local Agency or State Agency) CONTRACTOR CERTIFICATION Contractor certifies by signing this Contract that Contractor has not:
Transfer of Right of Way to Agency. If applicable, State agrees to transfer and Agency agrees to accept all right of way acquired on the Agency’s facility which was acquired in the State’s name. The specific method of conveyance will be determined by the State and the Agency at the time of transfer and shall be coordinated by the State’s Region Right of Way Manager. If requested, State agrees to provide Agency information and file documentation associated with the transfer. For purposes of Exhibits B and C, references to Department shall mean State, references to Contractor shall mean Agency, and references to Contract shall mean Agreement. EXHIBIT B (Local Agency or State Agency) CONTRACTOR CERTIFICATION Contractor certifies by signing this Contract that Contractor has not:
Transfer of Right of Way to Agency. When right of way is being acquired in State’s name, State agrees to transfer and Agency agrees to accept, at no additional cost to the State, all right of way acquired on the Agency’s facility, subject to concurrence from the Oregon Transportation Commission and FHWA at the time of the transfer. State shall identify the existence of any hazardous materials on or in the property prior to the transfer. The specific method of conveyance will be determined by the State and the Agency at the time of transfer and shall be coordinated by the State’s Region Right of Way Manager. If requested, State agrees to provide Agency information and file documentation associated with the transfer. EXHIBIT B SAMPLE RESOLUTION EXERCISING THE POWER OF EMINENT DOMAIN Right of Way Services This Exhibit is an example only and the completed resolution will be a separate document from the ROWSA. (Instructions, please delete before completing form) Regions: This portion of the document is unlocked. The LPA should block and copy to incorporate this language into their own standard resolution form OR fill in an “attested to” line or signature line at the bottom and use this form.
Transfer of Right of Way to Agency. When right of way is being acquired in State’s name, State agrees to transfer and Agency agrees to accept, at no additional cost to the State, all right of way acquired on the Agency’s facility, subject to concurrence from the Oregon Transportation Commission andFHWA at the time of the transfer. State shall identify the existence of any hazardous materials on or in the property prior to the transfer. The specific method of conveyance willbe determined by the State and the Agency at the time of transfer and shall be coordinated by the State’s Region Right of Way Manager. If requested, State agrees to provide Agency information and file documentation associated with the transfer. EXHIBIT B RESOLUTION EXERCISING THE POWER OF EMINENT DOMAIN Right of Way Services (insert appropriate document) Exhibit A to Agency Resolution Exercising the Power of Eminent Domain – Property Description (insert appropriate document) Exhibit C [For Funding Options 1 & 2 = Project Agreement / For Funding Option 3 = Project Location]
Transfer of Right of Way to Agency. When right of way is being acquired in State’s name, State agrees to transfer and Agency agrees to accept, at no additional cost to the State, all right of way acquired on the Agency’s facility, subject to concurrence from the Oregon Transportation Commission and FHWA at the time of the transfer. State shall identify the existence of any hazardous materials on or in the property prior to the transfer. The specific method of conveyance will be determined by the State and the Agency at the time of transfer and shall be coordinated by the State’s Region Right of Way Manager. If requested, State agrees to provide Agency information and file documentation associated with the transfer. EXHIBIT B - RESERVED Exhibit C
