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HomeMy WebLinkAbout1973-04-03; City Council; Resolution 31011 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 RESOLUTION NO. 31 01 A RESOLUTION OF THE CITY COUNCIL OF THE ING THE MAYOR TO EXECUTE THE FREEWAY CITY OF CARLSBAD AUTHORIZING AND DIRECT- { WHEREAS, the City entered into a Freeway Agreement on March 25, 1970, to accommodate the widening of Interstate 5; and WHEREAS, the City agreed to accept control and maintenance of relocated and reconstructed City streets upon completion of construction; and, WHEREAS, the State relocated and reconstructed certain City streets as shown on Exhibit "A" of Freeway Maintenance Agreement attached hereto; THEREFORE, the City Council of the City of Carlsbad does hereby resolve as follows: That the Mayor of the City of Carlsbad is hereby author zed and directed to execute on behalf of the City that certain Freeway Agreement, a copy of which is attached hereto and by this reference incorporated herein. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held April 3, 1973, by the following vote, to wit: AYES: Councilmen McComas, Lewis, Chase and Frazee. NOES: None. ABSENT : Councilman Dunne. 5- CC-L cCOMAS, Vice Mayor ATTEST: (SEAL) 11-8066 Jf 11-SD-5 47.31-51.019 FREEWAY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into, in duplicate, this day of I 19 , 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, 'I witnesseth: WHEREAS, on March 25, 1970, a Freeway Agreement was executed between the City and the State wherein the City agreed and consented to certain adjustments of the City street system required for the development of that portion of State Highway Route 5, within the limits of the City of Carlsbad, as a free- way, and WHEREAS, said freeway has now been completed or is nearing completion, and the parties hereto mutually desire to clarify the division of maintenance responsibility as to separation structures, and city streets or portions thereof, and landscaped areas, within the freeway limits, and WHEREAS, under the provisions of the above Freeway Agreement, the City will resume control and maintenance over each of the relocated or reconstructed city streets except on those portions thereof adopted as a part of the freeway 1 proper . NOW THEREFORE, IT IS AGREED: 1. ROADWAY SECTIONS The City will maintain, at City expense, all portions of City Streets and appurtenant structures and bordering areas, within the shaded area on sheets 2 through 5 and 7 through 8 of the attached map marked EXHIBIT "A" and made a part hereof by this reference. 2 , VEHICULAR OVERCROSSINGS The State will maintain, at State expense, the entire structure below the deck surface except as hereinafter provided. The City will maintain, at City expense, the deck and/or surfacing and shall perform such work as may be neces- sary to ensure an impervious and/or otherwise suitable surface. The City will also maintain all portions of the structure above the bridge deck, as above specified, as well as all traffic service facilities that may be required for the benefit or control of City Street traffic. 3. VEHICULAR UNDERCROSSINGS The State will maintain the structure proper, The roadway section, including the traveled way, shoulders, curbs, sidewalks, walls, drainage installations and traffic service facilities will be maintained by the City. \ f 4. PEDESTRIAN OVERCROSSINGS , ) 3 1 ,' I,, The State will maintain, at State expense, the entire structure below the top of the concrete deck surface, exclusive of any surface treatment Llereon, The City will maintain, at -2- City expense, the top of the concrete deck surface, together with any surface treatment thereon, and all portions of the structure above the concrete deck surface, and shall perform such other work as may be necessary to ensure an impervious and otherwise suitable surface. all traffic service facilities provided for the benefit or control of pedestrian traffic. The City will also maintain 5. PEDESTRIAN UNDERCROSSINGS I LJ-- 1 ‘3’c: c.. - ~e? The State will maintain the structure from a struc- tural standpoint. lighting installations and will be responsible for all clean- ing and paint as may be required to keep the structure free of debris and obscenity. The City will maintain all drainage and 6. Landscaped areas within the limits reserved for LANDSCAPED AREAS ADJACENT TO CROSSING STRUCTURES freeway use, including traffic interchanges and on and off ramp areas but excluding frontage road areas, will be main- tained by the State, at State expense. All plantings or other types of roadside development lying outside of the area reserved for freeway use will be maintained by the City at City expense. 7 . RESPONSIBILITY It is understood and agreed that neither the State, nor any officer or employee thereof is responsible for any -3- damage or liability occurring by reason of anything done or omitted to be done by the City under or in connection with any work, authority or jurisdiction delegated to the City under the Freeway Agreement and further clarified by this Freeway Maintenance Agreement. It is also understood and agreed that pursuant to Government Code Section 895.4, the City shall fully indemnify and hold the State harmless from any damage or liability occurring by reason of anything done or omitted to be done by the City under or in connection with any work, authority or jurisdiction delegated to the City under the Agreement. It is understood and agreed that neither the City nor any officer or employee thereof, is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the State under or in connection with any work, authority or jurisdiction not delegated to the City under the Freeway Agreement and further clarified by this Freeway Maintenance Agreement. It is also understood and agreed, that pursuant to the Government Code Section 895.4, the Department shall fully indemnify and hold the City harmless from any damage or liability occurring by reason of anything done or omitted to be done by the State under or'in connection with any work, authority or jurisdic- tion delegated to the City under the Freeway Agreement and further clarified by this Agreement. -4- 8. EFFECTIVE DATE This Agreement shall be effective upon the date of its execution by the State; it being understood and agreed, however, that the execution of this Agreement shall not affect any pre-existing obligations of the City to maintain desiq- nated areas pursuant to prior written notice from the State that work in such areas, which the City has agreed to main- tain pursuant to the terms of the freeway agreement, has been completed. Approved as to form and procedure : CITY OF CARLSBAD BY City Attorney Mayor BY BY City Clerk STATE OF CALIFORNIA DEPARTFmNT OF PUBLIC WORKS DIVISION OF HIGHWAYS R. J. DATEL STATE HIGHWAY ENGINEER BY District Engineer i . u 0 . ?i 5 z 3 a z H 3: V U ... //. .. -... a Q1 e b u 3 b a- ..