HomeMy WebLinkAboutResolution 2010-133 N.C.S. 07/19/2010Resolution No. 2010-133 N.C.S.
of the City of Petaluma, California
AiJT~IORIZING THE CI'I'Y MANAGER TO ENTER ~NTO
A FREEWAI' AG~EIVIENT WITI-~ 'I'I-~E STATE FOR
EAST WASHI-~ING'I'ON AND O~.D REDWOOI) I~IG~IWAY INTERCI~ANGES,
PROJECT NUIVIBERS RDA100280 AND C00501304, RESPECTgVEI.X
WHEREAS, on December 21, 1966, the City of Petaluma and the State of California
(Caltrans) entered into a Freeway Agreement relating to that portion of State Highway Route 101
from 0.4 miles South of Route 116 to 0.6 miles North of Old Redwood Highway; and,
W~I~REAS, Exhibit A of the Agreement identifies the state route through Petaluma and.
all currently allowed interchanges, separations (crossing structures), pedestrian overcrossing, and
roads to be constructed, reconstructed, or relocated ~vithin the limits of the agreement; and,
WI~EREAS, the City of Petaluma and Caltrans will innprove the East Washington and
Old Redwood Highway interchanges; and,
WI~EI2EAS, because of these new improvements, Caltrans requires a new Freeway
Agreement to be executed, which will include Exhibit A, identifying the allowed structures listed
above.
NOW, T~IERE~'OIZE, BE IT RESOLVED that the City Council of the City of
Petaluma authorizes the City Manager to sign the new Freeway Agreement, attached hereto as
Exhibit A to the Resolution.
BE IT FUIZ'I'I3ER RESOL,VED that in authorizing execution of the Freeway
Agreement, attached as Exhibit A to Resolution, the City Council expressly does not waive, and
authorizes and directs City staff to preserve and maintain any and all rights of the City
concerning inspection, approval, acceptance, and/or objection to improvements constructed
pursuant to the Freeway Agreement and/or proposed relinquishment of same to the City pursuant
to any applicable relinquishment agreement, cooperative agreement and/or other applicable law.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approv d s to
Council of the City of Petaluma at a Regular meeting on the 19`h day of July, 2010, ~pr
by the following vote: ~ ~
AYES: Barrett, Vice Mayor Glass, Harris, I-{ealy, Renee, Mayor Torliatt
NOES: None
ABSENT: Rabbitt
ABSTAIN: None
ATTEST: `~`'"' "v
City Clerk
City
ResolutionNo. 2010-133 N.C.S. Page 1
~+ XHIBIT A TO
12ESOLUTION
04-SON-141 PM 3.2/S3
In tl~e City of T'etaluma
From 0.4 mi South of Route 116
To 0.6 mi North of Old Redwood
Highway
~'~EWAX AGREEIVIENT
THIS AGREEMENT, made and entered into on tUis day of
2010; by and between Yhe STATE OF CALIFORNIA acting by and tlu~ough the Department of
Transportarion (herein referred to as "STATE"), and the City of Petaluma (herein referred to as
"CITY"),
W [TN~SSETH:
WH~R~AS, the higilway described above has been declared to be a freeway by
Resolution of the California Higllway Commission on March 23, 1950; and
WHEREAS, STATE and County of Sonoma have entered into a Free~vay Agreement
dated April t l, 1952, relating to that portion of State Highway Rowte 101 from 1.5 mile south of
Petaluma to Railroad Avenue; and
WHEREAS, C1TY has subsequently annexed eertain areas including portions of such
fi•eeway covered by the Freeway Agreement dated April 11, 1952 with the County of Sonoma;
and
WHEREAS, STATE and CITY have enterad into a Freeway Agreement dated December
21, 1966, relating to that portion of 5tate Highway Route 301 from State Highway Route 116 to
the North City Lirriits; and
WHEREAS, a revised plan map for such freeway has been prepared showing the
proposed plan oF the STATE as it. affects streets of the CITY; and
WHERCAS, it is the mut~ial desire oP the parties hereto to enter into a new Preeway
Agreement in accordance with the revised plan of the freeway;
NOW, THEREFORE, IT IS AGREED:
1. This Agreement supersedes in porfion of said P'reeway Agreeinent related to State
Highway Routc 10] dated April ] 1, 1952, from 0.4 mile south oF State FIighway Route l l6 to
5tate Highway Route 116 and in its entirety said Freeway Agreement related to Highway koute
] O1 dated December Z], l 966.
2. CITY agrees and consents to the closing of CI"fY stt~eets, relocation of CITY streets,
constrtiction of frontage roads and other local sh~ecis, and other constniction affecting CITY
Resolution No. 2010-133 N.C.S. Page 2
sh-eets, all as shown on the plan map attached herefo, marked Exhibit A and made a part hereof
by this reference.
3. The obligations of STATE and C]'TX with respect to the funding and consnroction of the
freeway project will always be dealt with in separa[e Cooperative Agreement(s) behveen the
parties, and any amendments thereto, or Encroachment Pennits issued to the CITY. The parties
responsible for the c~nsh-uction of the fi•eeway shall make any clianges af£ecting C1TY streets
only in accordance with the plan map attached hereto, marlced Exhibit A.
4. Tlie obligarions of STATE and CITY wifh respect to the acquisition of the right of way
required for the constxuction, teconstruction, or alkeration of the freeway and C1TY streets,
frontage roads, ar~d other l~cal streets will always be dealt with in separate Cooperative
Agreement(s) between the parties, and any amendments thereto or Encroachment Permits issued
to CITY.
5. It is tmderstood between the parties tl~at the right af way may he acquired in sections or
imits, and that both as to the acquisition of right of way and the construction of the freeway
project, the oUligations of STATE and CITY 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 Por such
expenditures.
6. CtTY will accept conh~ol and maintenance over each of thc relocated or reconstructed
Cl"CY streets, any frontage roads, and other local streets conshueted as part of the project, on
receipt of written cai~firmation that thc work thereon has been completed, except for any portion
which is adopted by STATE as a part of the freeway proper. ff acquired by STATE, CITY will
accept title to the portions of such streets lying outside tile fi•eeway limits upon relinquishment by
STAT~.
7. This Ag~~eement may be modified at any time by the mutual consent of the parties hereto,
as needed to best accomplisli, Nuough STATB and C1TY cooperation, tlie eompletion of the
whole freeway project for the benef t o f the people of the STATE and of the CITY.
lN. WITNF,SS WI~EREOF, the parties hereto have caused this Agreemcnt to bc cxecutcd
by their respective duty authorized of~cers.
STATE OF CALIFORNIA CITY OF PETALUMA
Deparhnent of Transportation By
Director of Transportation
By
TERRY L. ABBOTT
Chicf Design Lngineer
Resolution No. 2010-133 N.C.S. Page 3
APPROV);D A5 TO FORM`. APPROVED AS TO FORM:
Attorney (state)
Attorney (City)
Resolution No. 2010-133 N.C.S. Page 4