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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 7 eh+' It 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 /Q? u MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Im J N M. FUNK Assistant City Attorney