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HomeMy WebLinkAboutReso. 1985 - 026 - Approving an agreement with the state of california department of transportation for freeway construction and authorizing the mayor to execute the same RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING AN AGREEMENT WITH THE STATE OF CALIFORNIA DEPART- MENT OF TRANSPORTATION FOR FREEWAY CONSTRUCTION AND AUTHORI- ZING THE MAYOR TO EXECUTE THE SAME. WHEREAS , the State of California, through its Department of Transportation (Caltrans) , has presented an agreement covering freeway construction for State Route 44 and the overcrossing of Churn Creek Road; and WHEREAS, a copy of said agreement is attached hereto as Exhibit "A" and incorporated by reference herein; and WHEREAS, staff has recommended that the City Council approve said agreement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redding that said agreement is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Redding is hereby authorized to execute said agreement and any related documents on behalf of the City of Redding. I HEREBY CERTIFY that the foregoing resolution was intro- duced and read at a regular meeting of the City Council of the City of Redding on the 4th day of February , 1985 , and 4-7 • • was duly adopted at said meeting by the following vote: AYES : COUNCIL MEMBER: Fulton, Gard, Pugh, & Kirkpatrick NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: Demsher ABSTAIN: COUNCIL MEMBER: None //i-a7,6/add/{ etkeV HOWARD D. KIRKP . RICK, Mayor City of Redding ATTEST: / ETHEL A. NICHOLS, City Clerk FORM APPROVED: RAN ALL A. HAYS, Cit Attorney -2- 02-Sha-44-0 .4 In Shasta County 0 .4 mile east of Interstate 5 FREEWAY AGREEMENT THIS AGREEMENT , m,.ade and entered into on this day of , 19.$41, by and between the STATE OF CALIFORNIA , acting by and throug the Department of Transportation (herein referred to as "STATE") , and the CITY of Redding (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 February 19 , 1957 ; WHEREAS , STATE and the COUNTY of Shasta have entered into a Freeway Agreement dated December 20 , 1965 , relating to those portions of State Highway Routes 299 and 444 from the former Redding City limits to 0 .2 mile west of old Airport Road; and WHEREAS, a revised plan map for such freeway has been prepared showing the proposed plan of the STATE as it affects roads of the CITY ; and WHEREAS, it is the mutual desire of .the parties hereto enter into - a new Freeway Agreement in accordance with the revised plan of said freeway; NOW, THEREFORE , IT IS AGREED: 1 . This Agreement supersedes that portion of said Freeway Agreement dated December 20 ; 1965 at PM 0 .4 . 2 . 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 map attached hereto marked Exhibit .A and made a part hereof by this reference. 3 . STATE shall , in construction of the freeway and at STATE ' s expense , make such changes affecting CITY streets in accordance with the plan map attached hereto marked Exhibit A except the cost of con- struction for Churn Creek Road , Churn Creek Road Overcrossing , and Dana Drive shall be borne by others . 4 . STATE agrees to acquire all necessary right of way as may be required for construction , reconstruction, or alteration of CITY streets , frontage roads , and other local roads , and CITY hereby M. • ..1 411 ' authorizes STATE to acquire in its behalf all such necessary right of way except right of way for Churn Creek Road , Churn Creek Road Over- , crossing , and Dana Drive shall be acquired by others . 5 . It is understood between the parties that the right 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 projects , the obligations of STATE 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 . 6 . CITY will accept control and maintenance over each of the relocated or reconstructed CITY streets , and the frontage roads , and other STATE constructed local roads on receipt of written notice to CITY from STATE that the work thereon has been completed , except for ' any portion which is adopted by STATE as a part of the freeway proper . CITY will accept title to the portions of such roads lying outside the freeway limits , upon relinquishment by STATE . 7 . 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 caused this Agreement to be executed by their respective duly authorized officers . STATE OF CALIFORNIA THE CITY OF REDDING Department of Transportation By Leo J . Trombatore Director of Transportation • By • APPROVED AS TO FORM : APPROVED: At orney ( City). LG� • Chief , Division of Project Development APPROVED AS TO FORM: