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HomeMy WebLinkAboutCA DEPT TRANSPORTATION 13 - 2005 A-200S-306 12-0RA-55 KP 10.3/16.1 (pM R6.4IRI0.0) andKP 17.5/19.0 (pM 10.9/11.8) In the City of Santa Ana on Route 55 From Main Street to McFadden Avenue and From 0.1 KM south of Fourth Street to Seventeenth Street FREEWAY AGREEMENT TIDS AGREEMENT, made and entered into on this day of , 200_, by and between the STATE OF CALIFORNIA acting by and through the Department ofTransportation (herein referred to as "STATE"), and tbe City of Santa Ana (herein referred to as "CITY"), WITNESSETH: WHEREAS, the highway described above has been declared to be a freeway by Resolution of the California Transportation Commission on March 17, 1954; and WHEREAS,STATE. and Orange County entered into a Freeway Agreement, dated October 31, 1962 relating to that portion of Route 55 between 0.25 miles south of MacArthur Blvd and 0.2 miles south of Warner Avenue; and WHEREAS, STATE and CITY have entered into a Freeway Agreement, dated November 20, 1962, relating to that portion of Route 55 between 0.25 miles south ofrelocated MacArthur Blvd and then Santa Ana city Iimitnear Talbert Avenue; and WHEREAS, STATE and CITY have entered into a Freeway Agreement, dated August 19, 1963, relating to that portion of Route 55 between Santa Ana city limit at Main Street and 0.25 mile south of relocated MacArthur Blvd; and WHEREAS, STATE and CITY: have entered into a Freeway Agreement, dated February 27, 1986, relating totbat portion of Route 55 between 0.2 miles south of Warner Avenue to McFadden St; and WHEREAS, STATE and CITY have entered lnto a Freeway Agreement, dated March 16, 1987, relating to that portion of Route 55 between 0.1 miles south of Four Street to Seventeenth St; and WHEREAS, CITY has subsequently annexed certain areas including portions of such freeway covered by said Freeway Agreement dated October 31,1962, with the County of Orange; and WHEREAS, a revised plan map' for such freeway has been prepared showing the proposed plan of the STATE as it affects streets oflbe CITY; and WHEREAS, it is the' mutual desire of the parties hereto to enter into a new Freeway Agreement in accordance with the revised plan ofsaid freeway; NOW, THEREFORE, IT IS AGREED: 1. This Agreement supersedes in its entirety said Freeway Agreements dated November 20, 1962, Allgust 19, 1963, and February 27,1986. 2. This Agreement supersedes that portion of said Freeway Agreement dated Oct 31,1962 from 0.3 mile south of Dayer Road. to 0.2 mile south of Warner Avenue. 1 3. This Agreement supersedes that portion of said Freeway Agreement dated March 16, 1987, on Route 55 from 0.1 mile south of 4th street to 17th street. 4. CITY agrees and consents to the closing of CITY streets, relocation of CITY streets, construction of frontage roads and other local streets, and other construction affecting CITY streets, all as shown on the plan map attached hereto marked Exhibit A and made a part hereof by this reference. 5. STATE shall, in the construction of the freeway and at STATE's expense, make such changes affecting CITY streets in accordance with the plan map attached hereto marked Exhibit A, except as provided for in subsequent cooperative agreements with CITY specifying construction participation. 6. STATE agrees to acquire all necessary right of way as may be required for construction, reconstruction, or alteration of CITY streets, frontage roads, and other local streets, and CITY hereby authorizes STATE to acquire in its behalf all such necessary right of way, except as provided for in cooperative agreements with CITY specifying right of way participation. 7. It is understood between the parties that the right of way may be acquired in $ections or units, and that both as to the acquisition of right of way and the construction of the freeway projects, the obligations of STATE hereunder shall be carried out at such time and for such unit or units of the projects as funds are budgeted and made lawfully available for such expenditures. 8. CITY will accept control and maintenance over each of the relocated or reconstructed CITY streets, and the frontage roads, and other STATE constructed local streets on receipt of written notice to CITY from STATE that the work thereon has been completed, except for any portion which is adopted by STATE as a part of the freeway proper. CITY will accept title to the portions of such streets lying outside the freeway limits upon relinquishment by STATE. 9. This Agreement may be modified at any time by the mutual consent of the parties hereto, as may become necessary for the best accomplishment, through STATE and CITY cooperation, of the whole freeway project for the benefit of the people of the STATE and of the CITY. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers. By ,)r STATE OF CALIFORNIA Department of Transportation By WILL KEMPTON Director of Transportation AP By: Attorney (STATE) Att~~rneY ~ ~.. BY~~..) . . City Clerk APPROVALPCO 1/7 By r~' City Manager . MARK.LEJA Chief Design Engineer APPROVED AS TO-FORM: By: 2