HomeMy WebLinkAboutSTATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION - CALTRANS (5) - 2017(0
A-2017-230
iNu L(flAilli;c i`1i i1 I{FU1UIRED LU 12 - Ora - 5 - 30.5134.6
K)VIK `VIV P.00ET-D 1n the City of Santa Ana
C Uid" (i 0711110, On Route 5 from the Southerly City Limit near
S�5�� ,) _ Main St, to Northerly City Limit near Santa Anna River
16
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i FREEWAY AGREEMENT
THIS AGREEMENT, made and entered into on this ) day of
n ,5k— 20 t-1 by and between the STATE OF CALIFORNIA acting by
and t ough the Department of Transportation (herein referred to as "STATE"), and the
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 Highway Commission on October 28, 1939, and July 7, 1943;
and
WHEREAS, STATE and CITY have entered into a Freeway Agreement dated March
16, 1987, relating to that portion of State Highway Route 5 from Main Street to 0.2 miles
north of Fourth Street, and Route 55 from 0.1 mile south of Fourth Street and Seventeenth
Street=
WHEREAS, STATE and CITY have entered into a Freeway Agreement dated
November 21, 1994, relating to that portion of State Highway Route 5 from 0.2 mile north
of Fourth Street to the Santa Ana River, Route 22 from the westerly City limit near Bristol
Street to Main Street, and Route 57 from Route 22 to Route 5; and
WHEREAS, a revised plan map for such freeways has been prepared showing the
proposed plan of the STATE as it affects streets of the 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 of said freeways;
NOW, THEREFORE, IT IS AGREED:
1. This agreement supersedes in its entirety said Freeway Agreement, dated
March 16, 1987 for State Highway Route 5 only.
2. This Agreement supersedes in its entirety said Freeway Agreement, dated
November 21, 1994, for State Highway Route 5 only.
3. 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 reference.
12 - Ora - 5 - 36.5(34.6
In the City of Santa Ana
On Route .5 from the Southerly City Limit near
Main St. to Northerly City Limit near Santa Ana River
4. The obligations of STATE and CITY with respect to the funding and construction
of the freeway project will always be dealt with in separate Cooperative Agreement(s)
between the parties, and any amendments thereto, or Encroachment Permits issued to
CITY. The parties responsible for the construction of the freeway shall make any changes
affecting CITY streets only in accordance with the plan map attached hereto, marked
Exhibit A.
5. The obligations of STATE and CITY with respect to the acquisition of the rights
of way required for the construction, reconstruction, or alteration of the freeway and CITY
streets, frontage roads, and other local streets will always be dealt with in separate
Cooperative Agreement(s) between the parties, and any amendments thereto or
Encroachment Permits issued to CITY.
6, It is understood between the parties that the rights of way may be acquired in
sections or units, and that both as to the acquisition of right of way and the construction of
the freeway project, the obligations of STATE and. CITY hereunder shall be carried out at
such time and for such unit or units of the project as funds are budgeted and made lawfully
available for such expenditures.
7. CITY will accept control and maintenance over each of the relocated or
reconstructed CITY streets, any frontage roads, and other local streets constructed as part
of the project, on receipt of written confirmation that the work thereon has been completed,
except for any portion which is adopted by STATE as a part of the freeway proper. If
acquired by STATE, CITY will accept title to the portions of such streets lying outside the
freeway limits upon relinquishment by STATE,
8. This Agreement may be modified at any time by the mutual consent of the parties
hereto, as needed to best accomplish, through STATE and CITY cooperation, the
completion of the whole fi-eeway project for the benefit of the people of the STATE and of
the CITY.
2
12 -Ora -5-30.5134.6
In the City of Santa Ana
On Route 5 from the Southerty City Limit near
Main St. to Northerly City Limit near Santa Ana River
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their respective duly authorized officers.
STATE OF CALIFORNIA
Department of Transportation
MALCOLM DOUGHERTY
Director of Transportation
ADNAN MAIAH
Deputy District Director
Capital Outlay Program
APPROVED AS TO FORM:
Attorney (State)
CITY OF SANTA ANA
THIA J. RTZ
Interim City Manager
RECOMMEND D FO APPROVAL:
FRED MOUSAVIPO R
Executive Director, Public Works Agency
ATTEST:
Q4
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MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
Im
J N M. FUNK
Assistant City Attorney