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HomeMy WebLinkAboutCalifornia, State of; 1966-01-20; Freeway1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 -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, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 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 ™ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 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 - 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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$, by the following vott, to wits 2 AYES: Councilman Dunne, Nelswender, Atkinson, Hughes and 3 NOES; None 4 ABS£HT: 5 6 7 8 9 10 ATTEST: 11 12 13 w, C. ATKifirsoa; as. of tht City of Carlsbad, Carlibad, California City Clerk 14 (SEAL) 15" 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 STATE OF CALIFORNIA, ) COUNTY OF SAN DIEGO ) ss. Margaret E. Adams I, ../- ............ ...................... , City Clerk of the City of Carlsbad, County of San Diego, State of California, hereby certify that I have compared the foregoing copy with the original RfiSOl UttOfl ........... passed and adopted by said City Council, at 8 rCXJ.Ul 8P .............. meeting thereof, at the time and by the vote therein stated, which original ...Rft$.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