HomeMy WebLinkAboutCA DEPT TRANSPORTATION 8 - 2003
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12-0RA-22 KP 15.9/20.5 (PM R9.9/R12.8)
In the City of Santa Ana from 0.1 Ian west of Bristol
Street to 0.4 Ian east of Cambridge Street.
FREEWAY AGREEMENT
THIS AGREEMENT, made and enter into on this_day of ,2004, by and between the STATE
OF CALIFORNIA, acting by and through 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 January 23, 1957; and
WHEREAS, STATE and CITY have entered into a Freeway Agreement dated February 21,1989, relating
to that portion of State Highway Route 22 from 0.1 Ian west of Bristol Street to Main Street; and
WHEREAS, STATE and the County of Orange have entered into a Freeway Agreement dated August 15,
1961 relating to that portion of State Highway Route 22 from west of Spinnaker to Route 55; and
WHEREAS, STATE and the City of Orange have entered into a Freeway Agreement dated May 28, 1963,
relating to that portion of State Highway Route 22 from west of Lewis Street to Route 55; and
WHEREAS, CITY has subsequently annexed, or otherwise acquired, certain areas including portions of
such freeway covered by said Freeway Agreements dated August 15, 1961, and May 28, 1963; and
WHEREAS, a revised plan map for such freeway 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 enter into a New Freeway Agreement in
accordance with the revised plan of said freeway:
NOW, THEREFORE, IT IS AGREED:
1. This Agreement supersedes that portion of said Freeway Agreement dated February 21, 1989, relating to
that portion of Route 22 from 0.1 km west of Bristol Street to Main Street.
2. This Agreement supersedes those portions of said Freeway Agreements dated August 15, 1961 and May
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
of Cambridge St which has been annexed or otherwise acquired by CITY.
3. CITY agrees and consents to the closing of CITY streets, relocation of CITY streets, construction of
frontage roads and other local streets, all as shown on said plan map attached hereto marked Exhibit A and made a
part hereof by this reference.
4. STATE shall, in construction of the freeway and at STATE expense, make such changes affecting CITY
streets in accordance with plan map attached hereto marked Exhibit A.
5. 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 best behalf all such necessary right of way. It is understood by both parties that STATE's obligation to acquire
right of way is conditioned upon execution of the cooperative agreement with the Orange County Transportation
Authority specifying right of way participation.
6. It is understood between the parties that the right of way may be acquired in sections or units, and that both
as to the acquisition of the 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 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, and the
frontage roads, and other ST ATE constructed local streets on receipt of written notice to CITY from ST ATE that the
work thereon has been completed, except for any portion which is adopted by ST ATE as a part of the freeway
proper. CITY will accept title to the portion of such sireets lyl~1! ootside the freeway limit, upon relinquishment by
STATE.
8. 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 cause this agreement to be executed by their respective duly
authorized officers. ....,
STATE OF CALIFORNIA
Department of Transportation
CITY OF SANTA AN
By
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RANDALL IWASAKI
Interim Director of Transportation
By
City Clerk (City)
..-----
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MARK LEJA
Chief Design Engineer
Approved as to form:
Approved as to form:
Attorney ( State)
JOSEPH W. FLETCHER
City Attorney
By: %.UA /^ ~"'.R.d!.l/
Laura Sheedy /
Assistant City Attorney
Approved as to Content:
JAMES G. ROSS
Executive Director Public Works