HomeMy WebLinkAboutCalifornia, State of; 1966-01-20; Freeway1
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-ll-SD-5 W« R46.1-5Q.3 in tile Cityof Carl****id between the,South Git1 Limits Srtfc the North City/Limits
FREEWAY AGREEMENT
THIS
day of
, made and entered Into, In duplicate, this 2-£>
, by and between the State of
California, acting by and through the Department of Public Works,
Division of Highways, hereinafter for convenience referred to as
the "State", and the City of Carlsbad, hereinafter for convenience
referred to as the "City",
WITNISSlTHs
WHEREAS, the California Highway Commission on September 14,
1949, and June 21, 1950, did adopt a resolution declaring that
certain portion of State Highway Route 5 (Old Route 2) in the
County of San Diego, as same is shown on the general route map
thereof adopted by the California Highway Commission on September
19^9; and June 21, 1950, between 2.2 miles south of Carlsbad to
Oceanslde northerly City limits to be a freeway; and
WHEREAS, on July 8, 1963, and January 4, 1965, the State and
the City entered into a freeway agreement with respect to said
freeway section between the South City Limits and 0,3 miles north
of Cannon Road; and between 0.3 mile north of Cannon Road and 0.2
mile south of junction Route 78, respectively, including provision
for closing City streets, for carrying City streets over or under
or to a connection with said freeway and for relocation of City
streets; and
WHEREAS, plan maps for such freeway have heretofore been pre-
pared, showing the proposed plan of the State as it affects the
streets of the City, including provisions for carrying City street
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,
NOW, THEREFORE, IT IS AGREED*
1. This agreement supersedes in its entirety said freeway
agreements between the State and the City, dated July 8, 1963,
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and January 4, 1965, with respect to the section of State Highway
Route 5 between the South City Limits and 0,2 mile south of
junction Route 781
2. In lieu thereof the City agrees and consents to the
closing of City streets, relocation of City streets, construction
of frontage roads and other local roads, and other construction
affecting City streets, all as shown, on said plan maps attached
hereto marked Exhibit "A", Exhibit "B", and Exhibit "C% Road
ll-SD-5 FM R46.1-50.3 between the South City Limits arid the
North City Limits of Carlsbad and made a part hereof by this
reference!
3. The State in the construction of said freeway will, at
the State's expense, make such changes affecting City streets in
accordance with the said plans attached hereto or as the same
may hereafter be modified by subsequent agreement between the
parties hereto. The State may., at the State's expense, install
signs, signals and other traffic control devices at appropriate
locations to be determined by the State in order to regulate,
warn or guide traffic upon the highways. The State agrees to
acquire all necessary rights of way as may be required for the
construction, reconstruction or alteration of City streets. The
City hereby authorizes the State to provide in its behalf all
such necessary rights of way;
4. The City will accept control and maintenance over each
of the relocated or reconstructed City streets, frontage roads,
pedestrian facilities, and other State constructed local roads
on notice to the City from the State that the work thereon has
been completed, except as to any portion thereof which is adopted
by the State as a part of the freeway proper. The City will also
accept title to the portions of such roads lying outside of the
freeway limits, upon relinquishment by the State.
~ 2 ™
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5, This agreement may be modified at any time by the mutual
consent of the parties hereto, as may become necessary for the
beet 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 WHEHDQF, the parties hereto have set their hands
and seals the day above first written.
APPROVED
Statf Highway Engineer
APPROVED AS TO FORM:
"7 ,
STATE OF CALIFORNIA, Acting by and
through the Department of Public Works
JOHN 1RR1CA
Attorney (State)
T .
Assistant Direc JAN 2 7 1966
Attorney (City)
it ley
THE C1TST OF CARLSBAD
a municipal corporation
(Title)
COPY
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A RESOLUTION 0F THE CITY COUNCIL OF
THE CITY OF CARLSBAD A8THORIZIU® THE
MAYOR 16 EXECUTE FREEWAY ASREEIOT
BETWEEN THE STATE OF CALIFORNIA A8D
THE CITY COVERING ROAD 11-SO-5 P«
R46.1-S0,3 BETWEI8 SOUTH CITY LIMITSnmn CITY LIWITS OF CARLSBAB.
WHI8EAS, the City Council of the City of Carlsbad* California,
and the Stats of California, acting by and through the Department
of Public Morks » have corae to & tentative a§ra«meflt regarding the
cor»fitrwet1an and location of that certain portion of freeway which
apply to the section of Road 1]»S0-S PM i46.1«SO£3, betwetn tha
South City timitt and the iorth City limits of CarUbad; and
MMCREAS, the City Council wlshas to formalist this
by the «xsctt tiers of a written doeussifRt „ which dor.uiiont has bmn
siittid to the City for sifnatar* by tht State of California, acting
by and through the Department of Public. Morks>»
riDV, THEREFORE 3£ IT RESOLVED that the Mayor of the City of
Carlsbad t»®, and ha hereby is authorized and directed to execute on
btfialf of the City of Carlsbad that certain agreement with the Ststt
of California, acting by and through the Department of Public Works
in regard to the location and construction of those certain portions
of Road 11-S8-S PN R4@,1~§0,3* which apply to th® section of freeway
between the South City Limits and the North City Limits of Carlsbad,
which appears on the General Route Ki$ attached to said jtfreentnt,
PASSED. APPROVED A«D ADOPTED by the City Council of the City
of Carlsbad* at a regular meeting held on the 4th day of January,
^ 191$, by the following vott, to wits
2 AYES: Councilman Dunne, Nelswender, Atkinson, Hughes and
3 NOES; None
4 ABS£HT:
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10 ATTEST:
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w, C. ATKifirsoa; as.
of tht City of Carlsbad,
Carlibad, California
City Clerk
14 (SEAL)
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STATE OF CALIFORNIA, )
COUNTY OF SAN DIEGO ) ss.
Margaret E. Adams
I, ../- ............ ...................... , City Clerk of the City of Carlsbad, County of San Diego, State of California,
hereby certify that I have compared the foregoing copy with the original RfiSOl UttOfl ........... passed and
adopted by said City Council, at 8 rCXJ.Ul 8P .............. meeting thereof, at the time and by the vote therein
stated, which original ...Rft$.Q.l.M.*jLQfi .......... is now on file in my office: that the same contains a full, true
and correct transcript therefrom and of the whole thereof.
Witness my hand and the seal of said City of Carlsbad, this C.til.. day of J atlUary * 1966 .................
(SEAL)
" ' " City Clerk