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<br />A- ;;¡Mð-';¡ð..<. <br /> <br />COpy <br /> <br />12-0RA-22 KP 15.9/20.5 (PM R9.9/R12.8) <br />In the City of Santa Ana from 0.1 Ian west of Bristol <br />Street to 0.4 Ian east of Cambridge Street. <br /> <br />FREEWAY AGREEMENT <br /> <br />THIS AGREEMENT, made and enter into on this_day of ,2004, by and between the STATE <br />OF CALIFORNIA, acting by and through the Department of Transportation (herein referred to as "STATE"), and <br />the CITY of SANTA ANA (herein referred to as ''CITY''), <br /> <br />WITNESSETH: <br /> <br />WHEREAS, the highway described above has been declared to be a freeway by Resolution of the <br />California Highway Commission on January 23, 1957; and <br /> <br />WHEREAS, STATE and CITY have entered into a Freeway Agreement dated February 21,1989, relating <br />to that portion of State Highway Route 22 from 0.1 Ian west of Bristol Street to Main Street; and <br /> <br />WHEREAS, STATE and the County of Orange have entered into a Freeway Agreement dated August 15, <br />1961 relating to that portion of State Highway Route 22 from west of Spinnaker to Route 55; and <br /> <br />WHEREAS, STATE and the City of Orange have entered into a Freeway Agreement dated May 28, 1963, <br />relating to that portion of State Highway Route 22 from west of Lewis Street to Route 55; and <br /> <br />WHEREAS, CITY has subsequently annexed, or otherwise acquired, certain areas including portions of <br />such freeway covered by said Freeway Agreements dated August 15, 1961, and May 28, 1963; and <br /> <br />WHEREAS, a revised plan map for such freeway has been prepared showing the proposed plan of the <br />STATE as it affects streets of the CITY; and <br /> <br />WHEREAS, it is the mutual desire of the parties hereto enter into a New Freeway Agreement in <br />accordance with the revised plan of said freeway: <br /> <br />NOW, THEREFORE, IT IS AGREED: <br /> <br />1. This Agreement supersedes that portion of said Freeway Agreement dated February 21, 1989, relating to <br />that portion of Route 22 from 0.1 km west of Bristol Street to Main Street. <br /> <br />2. This Agreement supersedes those portions of said Freeway Agreements dated August 15, 1961 and May <br />28, 1963, relating to that portion of Route 22 from 0.5 km (.3 mile) west of Cambridge St to 0.4 km (.25 mile) east <br />of Cambridge St which has been annexed or otherwise acquired by CITY. <br /> <br />3. CITY agrees and consents to the closing of CITY streets, relocation of CITY streets, construction of <br />frontage roads and other local streets, all as shown on said plan map attached hereto marked Exhibit A and made a <br />part hereof by this reference. <br /> <br />4. STATE shall, in construction of the freeway and at STATE expense, make such changes affecting CITY <br />streets in accordance with plan map attached hereto marked Exhibit A. <br /> <br />5. STATE agrees to acquire all necessary right of way as may be required for construction, reconstruction, or <br />alteration of CITY streets, frontage roads, and other local streets, and CITY hereby authorizes STATE to acquire in <br />its best behalf all such necessary right of way. It is understood by both parties that STATE's obligation to acquire <br />right of way is conditioned upon execution of the cooperative agreement with the Orange County Transportation <br />Authority specifying right of way participation. <br />