HomeMy WebLinkAboutCalifornia, State of; 1963-07-08; Freeway1
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FREEWAY AGREEMENT
THIS AGREEMENT, made and entered into in duplicate this & —
day of k/v /V , 1963 by and between the State of Cali-
fornia, acting by and through the Department of Public Works, Div-
ision of Highways, hereinafter for convenience referred to as the
"State", and the City of Carlsbad, hereinafter for convenience re-
ferred to as th.e "City";
WITNESSETH:
WHEREAS, the California Highway Commission on June 21, 1950
adopted a resolution declaring that portion of State Highway
Route 2 in the County of San Diego, as same is shown on the gen-
eral route map thereof adopted by the California Highway Commis-
sion on June 21, 1950, between 2.2 miles south of Carlsbad and
Tamarack Avenue at Carlsbad to be a freeway; and
WHEREAS, the State and the County of San Diego have hereto-
fore entered into a Freeway Agreement dated August 1, 1950, and a
Supplemental Freeway Agreement dated February 20, 1951* relating
to that certain portion of State Highway Route 2 in the County of
San Diego between 2.2 miles south of Carlsbad and the South City
Limits of Oceanside, Road XI-SD-2-B; and
WHEREAS, subsequent to the execution of said agreement the
City of Carlsbad was incorporated; and
WHEREAS, the California Highway Commission on July 24, 1957,
adopted a resolution declaring that portion of State Highway
Route 2 in the cities of San Diego and Carlsbad and the County of
San Diego, as same is shown on the general route map thereof
adopted by the California Highway Commission on July 24, 1957,
between Miramar Road and 0.9 mile south of Agua Hedionda Creek
to be a freeway; and
WHEREAS, plan maps have been prepared showing the proposed
plan of the State as it affects the streets of the City, includ-
ing provisions for closing city streets, for carrying city streets
COPY
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over or under or to a connection with such freeway, for relocation
of city streets and for construction of frontage roads and other
local roads, between the South City Limits of Carlsbad and 0.3
miles north of Cannon Road, in the City of Carlsbad, Road XI-
SD-2-Cbd, and it is the mutual desire of the parties hereto to
enter into a new freeway agreement in accordance with said plan;
NOW, THEREFORE, IT IS AGREED:
1. This Agreement supersedes those portions of Freeway Agree-
ment dated August 1, 1950 and Supplemental Freeway Agreement dated
February 20, 1951 which apply to the section of Route 2 between
the South City Limits of Carlsbad and 0.3 miles north of Cannon
Road, In lieu thereof the City agrees and consents to the closing
of city streets, the relocation of city streets, the construction
of frontage roads and other local roads and other construction
affecting city streets, all as shown on plan map attache'd hereto
marked Exhibit "A" and by this reference made a part hereof.
2. The State, in the construction of said freeway, will at
State's expense make such changes affecting city streets in accord-
ance with the said plan map attached hereto or as the same may
hereafter be revised or modified by subsequent agreement between
the parties hereto. The State agrees to acquire all necessary
rights of way as may be required for the construction, reconstruc-
tion or alteration of city streets. The City hereby authorizes
the State to provide in its behalf all such necessary rights of
way.
3. The City will accept control and maintenance of the re-
located, reconstructed or otherwise altered city streets and
frontage roads, and other State constructed local roads, on notice
bo the City from the State that the work herein provided on such
toads has been completed except as to any portion thereof which
s adopted by the State as part of the freeway proper. The City
COPY
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will also accept title to the portions of such roads lying out-
side the freeway limits upon relinquishment by the State.
4. 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 set their hands
and seals the day above first written.
APP
igh way Engineer
Attorney (State)
r,
Attorney (City)
BEST
COPY
STATE OF CALIFORNIA, Acting by and
through the Department of Public
Works
THE CITY OF CARLSBAD, a municipal
corporation
By