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ODOT - HWY 217/Tigard Intersections APPROVED BY: Klaboe & Hall MCH.rm'. l 11/2/71 SUPPLEMENTAL AGREEMENT THIS SUPPLEMENTAL AGREEMENT, made and entered into by and betwec.,r, the STATE OF OREGON, acting by and through its State Highway Commission, inafter called "State," and WASHINGTON COUNTY, a political subdivision of t-'e State of Oregon, acting by and through its Board of County Commissioners, hereinafter called "County"; W I T N E S 5 B T H: RECITALS 1. By the authority granted in certain ORS provisions, State and County entered into a throughway agreement dated July 13, 1965 and supplements t1nereto dated November 4, 1965 and October 19, 1971, concerning construction off the Sunset Highway-Pacific Highway Section of the Beaverton-Tigard Highway, State Secondary Highway No. 144, as a throughway as that term is defined in OPS 374.010. 2, Said agreement provides for the construction, reconstruction, closing, handling, routing, and rerouting of certain roads which are under the jurisdiction and control of County, where said ioads intersect or interfere with said throughway. 3. It has now been determined by State and County that the aforesaid agreement and its supplements, although remaining in full force and effect, should be further supplemented by this agreement: in the manner hereinafter set forth in order to more clearly define the final d(!sign features of the Greenburg Road Interchange Section, and to provide for Jie proper jurisdiction, maintenance and control of Greenburg Road and certain connecting frontage roads. 4. Attached hereto, marked Exhibit A, and by this reference made a part hereof, is a sketch map setting forth the general location and plans for the p I roject, its connections, and other features of a general nature. The word "throughway," as hereinafter used, shall refer to the 3reenburg Road Interchange Section Of the Beaverton-Tigard Highway. NOW, THEREFORE, the prewdses b-eing generally as stated in the fore- going RECITALS, and in consideration of the mutual obligations contained herein, and of the benefits which will accrue to State and County, it is mutually agreed by and between the parties hereto as follows: THINGS TO BE DONE BY STATE: 1. State, by execution of this agreement, approves the RECITALS herein, the sketch attached hereto marked Exhibit A, THINGS TO BE DONE BY COUNTY, and all other provisions as set forth in this acfreernent. 2. State shall prepare all plans, obtain the necessary right-of-way, let and award all contracts, supervise oonstruction and, following completion of the project, maintain that portion of the Project approximately as shown colored in green on the attached Exhibit aa. 3. State shall, upon completion of the project, dispose of all Statf�'s right, title, and 'interest in those portions of Greenburg Road, S.W. Oak Street_, and two frontage roads lying southerly of the throughway that are approximately as shown colored in orange on the attached Exhibit A. All jurisdicticn, mainte- nance, and control thereupon shall pass to County to be performed at County's sole expense. 4. State shall close s.w. Oak Street and S.W. 95th Avenue at the northerly xight-of-way or access control line of the throughway approximately as shown by means of red lines on the attached Exhibit A. 5. State shall temporarily close Greenburg Road during the period of construction under the authority of the Washington County Board of Colmissioner_'t, Minute Order #71-301 issued June 22, 1971. THINGS TOBE_DONE BY COUNTY: 1. County, by execution of thEs agreement approves the RECITALS herein, the sketch attached hereto marked Exhibit A, THINGS TO BE DONE BY STATE, and all other provisions as set forth in this agreement. 2. County shall, upon completion of construction or reconstruction, as the case may be, of those portions of roads referred to in paragraph 3 under THINGS TO BE DONE BY STATE, assume at its sole axpense all jurisdiction, maintenance, and control over said roads, with all State ;a right, title, and interest passing to County. Access control rights purchased by State shall be honored by County. Said roads are approximately as shown colored in orange on the attached Exhibit A. 3. County consents to the clo.;ure of those roads referred to in para- graphs 4 and 5 under THINGS TO BE DONE BY STATE. 4. County shall enter into and execute this agreement during a duly authorized session of its Board of County Commissioners. GENERAL PROVISIONS: 1. State and County mutually agree and understand that, except as herein expressly modified, the agreement dated July 13, 1965 and its supple- ments dated November 4, 1965 and October 19, 1971, shall remain in full force and effect and apply with like for,:e and effect to this agreement wherever applicable. 2. The parties hereto agree and understand that they will comply with all applicable Federal and State statutes and regulations, including but not limited to Title 6, U.S.C. (Civil Rights Act) ; Title 18, u.s.C. (Anti- Kickback Act) ; Title 23, U.S.C. (Federal Aid Highway Act) ; and Titles 2 and 3 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. -2- 4 3. State and County also mutually agree and understand that �r�a�hington County will be responsible .for the improvement to four lanes of Greenburg Toad roip. the end of State construction northerly to and including the entrance in,,o the proposed Southwest Center Development subsequent to the said state construction and on the condition that the developer of said develop- ment enter an agreement with county to pay the full costs thereof. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of tate day and year hereinafter written. This agreement was approved by the Oregon State Highway Commission on mo w, 2 'l- , 197 ,mat which time the Secretary for the Commission was authorized and directed to sign said agreement for and on behalf of the Commission. Said authority is set forth in Volume , Page , Minute Book of the Oregon State Highway Commission. APPROVED r Floyd Query, Secretary Assistant State Highway Engineer ATTEST: ' 1 WASHINGTON COUNTY, by and through ,,.<<C` u u i,.` 1 < i.ts of / 1 )unty Cormnissioners Dxrector of: Records & Elections APPROVED, AS TO FORM- ' airman f Fly County `Counsel,- Commissioner ` v Commissioner x B1 {.1, toy Ot rata;ice.zv Approved :subject to the provisions of Par. 2c PPM 80-5 dated April 20, 1967, R. E. Simpson, Division Engineer Oregon Division,,- ; Fed xal, ,1hway Admin�§tration ! `3- ~ MCIIc1jt 11/2/71, Istriet Engineer ., .. m .: � � i — m .�_ ,.. .�. � �� ...m.._ .,.; tf ra .� ., .� ,, ' � t J)/, t `� �� ^ ,•'++{ fry „�, ,Y„ `^-�. ,�Y / / r� J y 7 �' . � r .• _- qtt` t,.. i� M i ._..,. _ '- v � t.. .e —_. ,.. .a_ ». ._� ,, � _., _ _.. ,s„ ,....� ---.._._-__.:. _ _.,�..._., �.. .._._.. _._...,--.._..._w ...�.._._.,._.�,,,,_ .��_ _ ..r —'--fir -+ � �� �1" ����� �, � , fes,••-- ,\ 4 ��� ;,- � � � " �1 �� �� �_� ✓' �' e r M .� Y 4 ..�.. ».-- M r _.� _ .._ b FORM H-123X SOM 2.63. COMMISSIONERS GLENN L.'JACKSON, CHAIRMAN MEDFORD , KENNETH,N.FRIDLEY. McMeeR ;'. ; l ' WASCO DAVID B. SIMP$ON. MHMBER y e o e■ei j i I _A it e PORTLAND STATE'.OF OREGON .STATE-HIGHWAY'DEPARTM ENT.. —SALEM 9731.0. November .lq, X96.3 Bo4r4 of county,Caain$Qpionera Washington G ay C urtho,u illabo . Oregon Gentlemen: We are enclosing for your, secor4s a fully•executed copy,ot a Suppleme>utel Throughway Agreement covering the Sunset Highway. '4cific, Highway. (I:5) section on the Beaverton.Tigard•Secondary' Highway 0144 in Washin$ton .. Couney. A conformed Copy of the agreement has been sent to the City of Tigard. Afully executed copy•of-the agreement has beeln retained for. the Commission's files. Very-truly yours 'ORIGINAS•',SIGHM Secretary OliECiONT MATY HIGHWAY COMMISSION bb Bac. cc: City of Tfgard H. S. Cox Attn: Don Harwell (Conformed Copies) )NH:mm, 10/7/05 approved by FB Klaboe r" SUPPLEMENTAL AGREEMENT IS SUPPLEMENTAL AGREEMENT, made and entered into this day of s 1966,by and between the STATE OF OREGON, by and through its State Highway Commission, hereinafter called "State," and WASHINGTONCOUNTY, a political subdivision of the-State of Oregon, by_and through its Board of-,County Commissioners, hereinafter called "County";, W .I T H E S- S E T H: RECITALS: - 1. Under. the authority of ORS 366.320(3), 366.775, 374.olo, 374.060, 374.065, 374.075, and 374.080, State and County entered into an agreement dated July 13, 1965, concerning the construction of the Sunset Highway-Pacific Highway (I-5) Section of the Beaverton-Tigard Highway, State Secondary Highway No. 144, as a throughway and the construction by State of same, including various frontage roads, and interchanges on the throughway'. 2. `It has been determined by State. and County: that said agree- ment :of July- 13, 1965, although remaining.-in full force and effect, should, in order to provide for the proper establishment, construc- tion, and maintenance of said highway, be. further supplemented by this..supplemental agreement as hereinafter set forth and approximately as shown on the map attached hereto marked Exhibit A and by this reference made a part hereof. NOW, THEREFORE, the premises being in general as stated in the foregoing RECITALS, ,it is agreed by and between the parties hereto_;as follows: THINGS TO BE DONE BY STATE: 1. State approves the RECITALS herein, Exhibit A, THINGS TO BE DONE BY COUNTY, and all other provisions of this agreement. 2. State shall construct and thereafter maintain the SW 72nd . Avenue (Lewis School) Interchange approximately 'as shown colored- in green on the attached Exhibit A. Said construction is in compliance with paragraph 4 under GENERAL PROVISIONS of the original agreement of July 13, 1965. 3. State shall locateand...conatruct SW Hampton Street between SW 66th Avenue and SW- 72nd Avenue approximately as .,shown .colored in orange on the attached Exhibit A. 4. State shall delete from its original plan. the location and construction of: SW Varns Street (Road), as relocated, along the north easterly side of the throughway between existing SW Varns Street and DNH:mm, 10/7/65 Approved by FB Klaboe SW 72nd Avenue near SW Hampton Street as referred to' in paragraph '4-o of the original agreement of July 13, 1965. . THINGS TO BE DONE BY COUNTY: 1. County approves the RECITALS herein, Exhibit A. THINGS TO BE DONE BY STATE., and all other .provisions of this agreement. 2. County shall, upon completion of project, assume all State's right, title., ,and interest in those portions of right-of-way acquired or needed for construction of said SW Hampton Street. as referred to above in paragraph 3 under .THINGS TO BE .DONE BY STATE, and shall at its sole expense assume jurisdiction, maintenance, and control over said street in the name ,of the County. 3. County shall execute this supplemental agreement during a duly authorized session of its Board of County Commiss_ioners.. IN WITNESS WHEREOF, the parties hereto have subscribed their names and affixed their seals as of the day and year first above written. This agreement was approved by the: Oregon State Highway Commis- sion.on. November 4 , '196-5 , at which time the Secretary for the Commission was authorized and directed to sign said agreement . for and on behalf of the Commission. Said authority is set forth in Volume 50 , Page , Minute Book of the Oregon State Highway Commission. APPROVED /4/ ,Floyd Query Floyd Query, .Secretary Assist nt State Highway Engineer WASHINGTON COUNTY, by and through its Board of County Commissioners /s/ty Clayton Nyberg Chairman ATTEST: /s/By Joe T: Van Dyke Roger Thomssen. Commissioner ' Zsl E. Schunk, Deputy County Clerk /s/ty Edwin D. Guerin Commissioner By Commissioner By Commissioner DNH:mm 10/7/65 -2- / S.00, 5K � \r ,� � s� ,.f ;t`' Svc• ��• �� ��. \\�\ 1/a�'`��.�,hci7 \ \\ Hivy. Ho 144 h _. �DD, \ .l �'O�sio• ," -- - \ \\\\\ Jed% xger Val lamr- \ . , \ `Q \\ � \ \ i \ A Of, C \ ` 'Z h A \ \ lb Y \\ i \ 1 1-1;vy. No /44 \ foo"Sp. A x 5 ,N _ FORM E-128 - COMMISSIONERS, GLENN L.JACKSON,CHiAIRMAN t FORREST CAOPER MEDPORD STATE HIGHWAY ENGINEER KENNETH N. FRIDLEY. MEMBER `�h{I WA I $k P rr -! R. L. PORTER DAVID B.SIMPSON. MEMBER �iE• •••E •• j o n;, ••.•.■ • DEPUTY STATE HWY. ENGR. PORTLAND G. E. ROHDE FLOYD QUERY, SECRET.A.Y _ CHIIEF COUNSEL SALEM STATE OF OREGON STATE HIGHWAY DEPARTMENT SALEM 97310 August 25, 1965. Mrs. Monnie Andrews City Recorder City of Tigard Tigard, Oregon Dear Madam: We are enclosing for your records and files a fully executed copy of a throughway agreement between the State Highway Commission and the City of Tigard covering the Sunset Highway- Pacific Highway Section including Tigard Unit on the Beaverton-Tigard Highway in Washington County. Very truly yours, Secretary a OREGON STATE HIGHWAY COMMISSION bb Enc. RESOLUTION NO. _ R-65 2 WHEREAS, THE STATE OF OREGON, acting by and through its State Highway Commission, has caused to be prepared and submitted to the CITY OF` �` � an agreement providing for the improvement of gyp eet �*Po 1fLq HiGboy Section f the $©Svorton*-T1ga--Wa / within said City; and WHEREAS, said agreement has been read in full to the Council of said City and approved as submitted; NOW, THEREFORE, BE IT RESOLVED by the City of Tlemd that the Mayor and Recorder are hereby authorized and directed to execute said agreement on behalf of City. The foregoing resolution was duly adopted by the Council of the City of TIVArd on .the 19th day of Job 1965. By Cie Mayor ATTEST: Recorder RESOLUTION NO.. Be-65-2 WHEREAS, WHEREAS, THE STATE OF OREGON,, acting by and through its State Highway Commission, has caused to be prepared.and submitted to the CITY Op an agreement providing for the improvement of I ' within said City; and WHEREAS, said agreement has been read in. full to the Council of said City and 'approved as submitted; NOW, THEREFORE* BE IT AES'OLVEb by the,City of. . that .the .Mayor' and.Recorder. are.hereby authorized and directed to execute said agreement on behalf. of City. The foregoing resolution was il duly adopted by the' Counc- of the City of VIAWIMAon the day of 19 By Mayor ATTEST: Recorder i DiM i iqm 6/3/65 As approved by F. B.- Klaboe & D. J.- .arbee AGREEMENT THIS AGRE124ENTo, made and entered into this 'day of 1965, by and..betveen the STATE OF OREGON, by and through its ate ghway Commission, hereinafter called "State'" and the CITY OF TIGARD, a municipal corporation of the State of Oregon, 'by and through its City Officials, hereinafter called "City"; W I T N E S S E T H: RECITALS: 1. For the purpose of furthering the development of a highway system adapted in all particulars to the needs of the people of the State of Oregon and for the safe and.expeditious flow of traffic, State proposes to construct the Sunset Highway-Pacific Highway Section, including the Tigard Unit, of the Beaverton-Tigard Highway, State Secondary Highway No. 144, in Washington County, Oregon P as a "throughway," as that term is defined in ORS 374.010. Hereinafter all acts necessary to accomplieh..this end shall . be referred--to as the ,"project." Attached hereto, marked Exhibit A and by this reference made a part hereof is a map setting forth the general loca- tion and plans of the. project. Exhibit A is not to .be considered as the final plan for the project, but is intended to show the general route of the Tigard Unit and its connections, the location of interchanges, and other features of a general nature. 2. Under ORS 374.015, State may lay out, locate, relocate., adopt, establish, construct, designate, maintain, and supervise the use and opera- tion of new highways known as throughways, including state highways within the corporate limits of cities. 3. Under ORS 366.775, 374.075, and 374.080, State and City may enter into agreements and do all things necessary for the laying out, acquisi- tion, construction, reconstruction, improvement, repair, and maintenance of throughways within the limits of .the city. 4. Under ORB 374.060, State may, with the official approval of City, close any street, highway, or road of city at or near the point of its intersection with a throughway, or make provision for carrying the street or road over or under the throughway, or provide a connection with a throughway by means of a utility or service road to a suitable point of connectif, and do any and all Work on the, street., highway, or road as is necessary therefore. 5., Under 'ORB 374.070, no street shall, after .establishment of any through:46y,.ih or_through a. municipality, be constructed turning into or intersectil�g the throughway unless the.plans and specifications therefore have first been submitted to and approved In writing by the State Highway Commission and made a matter of official record. 6. Under ORS 373.030, State may not change the grade of any street or road within the limits of city over which state highway traffic is routed with6At the bonsent of City. �Rxmm �6/3/65 4s approved.by F.B. Klaboe & D.J. b.__.wee NOW, THEREFORE.. the promisee being. in ..general as stated ia.the fore- going RECITALS, it. is agreed by and between the parties hereto. as follows THINGS TO BE 'DONE BY STATE: .1. State approves the RECITALS herein, Euhbif A, THINGS -TO BE DONE BY CITY,. and all other provisions of this. agreement. 2 State..ahall prepare all plans, obtain all necessary right-of-why, let and award all contracts, and 'supervise the construction of the project. 3. State shall'construct and thereafter maintain the Tigard Unit and interchange, hereinafter called the throughway,, approximately as shown colored-in green and purple on the attached Exhibit A. 4. State shall construct and thereafter maintain the following con- necting service_ .ramps as shown colored in green on Exhibit A: a. A ramp from the throughway permitting southbound traffic only to leave the throughway and enter.the Pacific. Highway West (99W),. . Said ramp is to be constructed under the Initial project. b. A.ramp from the Pacifc. Highway West,.(99W)-permitting north- bound traffic only to enter the throughway. . Said ramp is to be, con- structed :under toe initial project. c;. A ramp from the Pacific Highway West (99W) .permitting south- bound traffic only to enter the throughway. Said ramp is to be constructed under future project. d. A ramp from the throughway to .the,Pacific Highway West (99W) permitting northbound traffic only .to leave the throughway. Said ramp is to be constructed under future.�project. e. A ramp from the Pacific Highway West (99W) to the throughway, extending under the separation structure of the Pacific Highway West (99W), permitting northbound traffic only to enter the throughway. Said ramp is to be constructed under a future project. 5. State shall construct and thereafter maintain a separation struc- ture approximately as shown colored in purple on the attached Exhibit A, carrying the Beaverton-Tualatin Highway over the throughway, and a future structure carrying the Pacific Highway West over the throughway. 6.' State shall relocate and. construct BOW,. Pfaffle Street along the northerly side of the throughway near the intersection of the Beaverton- Tualatin Highway. .Said .facility shall provide for the free and convenient flow of traffic so as not to interfere with the through traffic, and shall be constructed approximately as shown colored in orange on -the attached Exhibit A. 7. State shall, upon completion of project, deed to County all State's right, title, and interest in those portions of right-of-way -2- DSR-:-mm, 6/3/65 Ao.approved by D.J. Barbee & F.B. .oboe. acquired to construct the connecting streets referred to and described in paragraph 6 above. 8. State shall close the following streets in the following manner at the. follow ng locations (All points of closure are shown by means of red lines on the attached.Exhibit A and said streets shall be,closed between these points or within the access control area of the throughway.) : a. S.W. Dakota Street at the northeasterly and southwesterly right-of-way boundary lines of the throughway. b. S.W. Lacey Street at the northerly edge of pavement of the Pacific Highway West (99W). c. S.W. Rider Road at the southerly right-of-way boundary line of the existing Pacific Highway West (99W) and at the easterly edge of pavement of the throughway. d. S.W. 80th Avenue at the northeasterly right-of-way boundary line of the throughway. 9. State shall also close, any city streets or ways .within the right- of-way boundaries of the new facility that may interfere with the free and convenient flow of traffic on the new facility which are not presently determined and therefore not shown on the attached Exhibit A. 10. State shall, without cost to City, relocate or cause to be relocated all existing privately-owned utility conduits, linesy poles, mains, pipes, and other such facilities that are 19cated on private property where such relocation is necessary to coAform said utilities or facilities to the plane for .the project. 11. State shall., upon receipt rrcmd City of an itemized statement in triplicate of such.costs, reimburse*City for the actual costs incurred by City in relocating or extending, including costs for any additional facilities made necessary by such extension, any City-owned utility con- duits, lines, poles, mains, pipes, and other such facilities located within city streets, or on City-owned property, or on private property under City easement, where such relocation or extension is necessary to conform said utilities or facilities to the plans for the project. THINGS TO BE DONE BY CITY: 1. City approves the RECITALS herein, Exhibit A, THINGS TO BE DONE BY STATE, and all other provisions of this agreement. 2. City shall, at its own initial cost and upon request by State, relocate" or extend existing City-owned utility conduits, lines, poles, mains, pipes, and other such facilities located within city streets or on City-owned property, or* on private property under City easement, where such relocation or extension is necessary to conform said utilities or facili- ties to the plans for the project. City shall thereafter be reimbursed by State as provided in paragraph 11 under THINGS TO BE DONE BY STATE. -3- DH:mm, 6/3/65 - Revised "24 & 7/13/65 First draft. approved by Klaboe & DJ Barbee 1 � i 1 3. Due to the present lackof full information by the parties, the relocation of and the" responsibility for the cost of relocating all City- owned utility conduits, lines, poles, mains, pipes and other such facilities not located within city streets, on City-owned property or on private property under City easement, ,where such relocation is necessary to conform said utilities or facilities to the plans for the project, shall be subsequently determined by the parties in accordance with governing law. 4. City shall, upon request by State and without cost to State, relocate "or cause to be relocated all privately-owned utility conduits, dines, poles, mains, pipes, and other such facilities located within the limit of City on city streets or ways where such relocation is necessary to conform said utilities or facilities to the plans for the project. To. this end City shall exercise all its municipal powers, including its legislative power, to require relocation of such utilities or facilities. 5. After State has requested City to move any of the above-mentioned City-owned utilities or facilities, City shall notify the En6ineer for State prior to commencing the relocation work of such utilities or facilities so that the relocation work can be. -properly coordinated with the other work of the project. 6. City, by entering into this agreement, hereby designates, under ORS 37+.070, as the only points of access to the throughway those access points described in paragraphs 3 and 4 under THINGS TO BE DONE BY STATE. City agrees t-riat .no city street shall be constructed turning into or inter- secting the throughway unless the plans and specifications therefor have first been sui)mitted to and approved in writing by State and made a matter of official reco.-d. It is understood between the State and City that City is contemplating the future extens;.on of S.W. Garden Place in a manner which will eventually require intersecting•the right of way of the said Beaverton-Tigard Highway. It Is agreed by the parties that this matter will be subject of negotiation and will be covered in a future supplemental agreement. 7. Pursuant to ORS 37+.060 City consents to the closure of those streets described in :garagrapht-8 under THINGS TO BE DONE BY STATE. 8. City hereby gives i s co' nsent as required under 'ORS 373.Q30(2) and 105.760 to all changes of grade, if any there be, in connection with or arising out of the construction of said project. 9. City shall enact and enforce an ordinance or resolution prohibiting parking, except for emergencies, on both sides of the portion of the throughway that is located within the city limits. 10. City agrees, upon completion of project by State, that County shall assume maintenance, .jurisdiction, and control or continue same over that por- tion of road or street as referred to in paragraph 6 under THINGS TO BE DONE BY STATE, and shown colored in orange on the attached Exhibit A. 11. City shall pass an ordinance or resolution as the case may be, authorizing the Mayor and Recorder to enter into this agreement, and the same shall be made a part hereof and .attached hereto. -4- 0 DNH:mm, 6/3/65 - Revised 6/24 & 7/13/65 First draft approved by Klaboe & DJ Barbee i .. GENERAL PROVISIONS: 1. It is agreed by both parties that theaccounting procedure and, reimbursement .for relocating utility facilities as described in paragraph 2 . - , under THINGS TO BE DONE BY CITY shall be in compliance with the Bureau of Public Roads' "Policy and..Procedure Memorandum 30-4," dated December 31, 1957, and any supplements and revisions thereto which require credit for extended service life, betterments, and salvage.. 2. This agreement shall be subject to concurrence of the Oregon Division Engi-aeer of the Bureau of Public Roads, or his duly authorized representative, and shall not be binding on either party until such con- currence is oatained. 3. State. shall obtain prior approval of future changes in this agreement on traffic control measures from the Oregon Division Engineer of the Bureau of Public Roads, or his duly authorized representative. 4.. State and City mutually agree and understand that upon completion by State of the construction referred to in paragraph 6 under THINGS TO BE DONE BY STATE, . Co7anty shall assume from State all State's right, title, and interest in..t;iose portions of right of way acquired for the above referred to construction. 5. Stat: and City mutually agree and understand that State shall locate and construct that portion of S,.W. Garden Place southerly of the Pacific Highway West 99W) including a service connection easterly therefrom to the abutting proporty. Said street and connection are approximately as shown colored in orange on the attached Exhibit A. City agrees that upon completion of project by State, maintenance, jurisdiction, and control as well as right, title, and in-,erest shall be as by County and said maintenance and control shall be at County's sole expense. 6. With respect to paragraph ,g of THINGS TO BE DONE BY STATE, State may close any add:Ltional city streets described in said paragraph 9 only after obtaining the approval and consent of the City. 7: With respect to paragraph 4 of THINGS TO BE DONE BY CITY, City shall, in the event any of the utilities mentioned in paragraph 4 of THIIXGS TO BE DONE. BY CITY refuse to relocate their said facilities at the request of City, commence and prosecute to final determination whatever type of suit or pro- ceeding is necessary, including appeals, to require the utility .at its sole cost to pay the relocation. costs of its facilities as described. in said paragraph 4 so that the same will conform to the plans of the project. State . shall if permitted by the court, join City as a :party plaintiff `in any such suit or proceeding. If for any reason.State is denied the right to appear as a party plaintiff, the State shall file a proper request with the court to appear amicus curae. 8. State: shall, in the event that the Supreme Court of Oregon orders or decrees that City is required to pay the said utilities for moving and relocating their said facilities located in said city streets or ways in order to conform to the plans of said project, and further orders and decrees that, DNH:mm, 6/3/65 - Revises 6/24 & 7/13/65 First draft ,approved b. 3 Klaboe & DJ Barbee under the Oregon Constitution, the. State of Oregon, by and through its State Highway Commission, may lawfully reimburse City for such said utility relocation e:,-pensesi then, and in that event, the State shall reimburse City for any and all sums which City-is required to pay said utilities by said order or decree. 9. It .s further understood and agreed by-the State and City that the treatment of the intersection of the Beaverton-Tigard Highway, State Secondary Highway No. 144 and S-W 72nd"Avenue will be studied further and subject to a, supplemental agreement between the State and Washington County. IN WITNI,SS WHEREOF the parties hereto have caused this agreement to be executed by their respective officials -and have caused their respective seals to be affixee' hereto as of the day and year hereinafter written, the City Officials acting pursuant t Resolution No. _ 5- , passed by the Council on the �j day of This agreement was approved by the State Highway Commispion on, ' 19657 at which time the Secretary for, the Commission was autho zed and directed to sign said agreement for and on behalf of the Commission. Said authority is .set forth in Volume D , Page , Minute Book of the Oregon State highway Commission. Floyd Quiry, Secretar APPROVED: Assistant Ste.te Highway Engineer' CITY OF .TIGARD, by and through its City Officials Mayor ATTEST: By h� �__._.. Recorder DNH:mm 6/3/65 Revised 6/24 & 7/13/65 -6- . FORM E-123 QI COMMISSIONERS GLENN L.JACKSON, CHAIRMAN _ MEDFORo FORREST COOPER KE NECHo .N. FRIDLEY. MCMeeR g 1 STATE HIGHWAY ENGINEER WASDAVID B. SIMPSON. McNeeR Idss a o.s . y•, y Ron, R. L. PORTER PORTLAND - .�.e - DEPUTY STATE HWY. ENGR. G. E. ROHDE FLOYD QUERY. SECRETARY STATE OF OREGON CHIEF COUNSEL SALEM STATE HIGHWAY DEPARTMENT SALEM 97310 July 14, 1965 City Council of Tigard City Hall Tigard, Oregon Gentlemen: Enclosed for your consideration and presentation at your earliest convenience are four copies of a throughway agreement revised, pertaining to the Sunset Highway-Pacific Highway (I-_5; Section, including the Tigard Unit, of the Beaverton-Tigard Highway No. 144 in Tigard. If the agreement is approved, please adopt a resolution similar to the enclosed sample authorizing the Mayor and Recorder to sign the agreement; then forward three copies of the resolution and three signed copies of the agreement to this office. The fourth copy is to be retained for your files; also, after certification by the Highway Commission secretary, a fully executed copy of the agreement will be returned to you. Contents of this agreement are as directed by the Highway Commission on July 13, 1965. As the Highway Commission plans to- award a contract upon signature of this agreement, it would be appreciated if the signed agreement could be in our hands at your earliest convenience. Very truly yours, H. S. Cox County and City Engineer -. By D. N. Harw 1 Office Engineer DNH:mm Encl. cc: F. B. Klaboe L: W. Rulien F. D. Morgan.