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HomeMy WebLinkAboutResolution 2010-133 N.C.S. 07/19/2010Resolution No. 2010-133 N.C.S. of the City of Petaluma, California AUTHORIZING THE CITY MANAGER TO ENTER INTO A FREEWAY AGREEMENT WITH THE STATE FOR EAST WASHINGTON AND OLD REDWOOD HIGHWAY INTERCHANGES, PROJECT NUMBERS RDA100280 AND C00501304, RESPECTIVELY 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, WHEREAS, 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 within the limits of the agreement; and, WHEREAS, the City of Petaluma and Caltrans will improve the East Washington and Old Redwood Highway interchanges; and, WHEREAS, 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, THEREFORE, 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 FURTHER RESOLVED 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 is to Council of the City of Petaluma at a Regular meeting on the 19`h day of July, 2010, �pr by the following vote: l / City AYES: Barrett, Vice Mayor Glass, Harris, Healy, Renee, Mayor Torliatt NOES: None ABSENT: Rabbitt ABSTAIN: None ATTEST: ql—a� City Clerk Resolution No. 2010-133 N.C.S. Page 1 EXHIBIT A TO RESOLUTION 04-SON-101 PM 3.2/8.3 In the City of Petaluma From 0.4 mi South of Route 116 To 0.6 mi North of Old Redwood Highway FREEWAY AGREEMENT THIS AGREEMENT, made and entered into on this. day of 2010, by and between the STATE OF CALIFORNIA acting by and through the Department of Transportation (herein referred to as "STATE"), and the City of Petaluma (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 March 23, 1950; and WHEREAS, STATE and County of Sonoma have entered into a Freeway Agreement dated April 11, 1952, relating to that portion of State Highway Route 101 from 1.5 mile south of Petaluma to Railroad Avenue; and WHEREAS, CITY has subsequently annexed certain areas including portions of such freeway covered by the Freeway Agreement dated April 11, 1952 with the County of Sonoma; and WHEREAS, STATE and CITY have entered into a Freeway Agreement dated December 21, 1966, relating to that portion of State Highway Route 101 from State Highway Route 116 to the North City Limits; 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 WHEREAS, it is the mutual desire of the parties hereto to enter into a new Freeway Agreement in accordance with the revised plan of the freeway; NOW, THEREFORE, IT IS AGREED: 1. This Agreement supersedes in portion of said Freeway Agreement related to State Highway Route 101 dated April 11, 1952, from 0.4 mile south of State Highway Route 116 to State Highway Route 116 and in its entirety said Freeway Agreement related to Highway Route 101 dated December 21, 1966. 2. CITY agrees and consents to the closing of CITY streets, relocation of CITY streets, construction of frontage roads and other local streets, and other constriction affecting CITY Resolution No. 2010-133 N.C.S. Page 2 sheets, all as shown on the plan map attached hereto, marked Exhibit A and made a part hereof by this reference. 3. The obligations of STATE and CITY with respect to the funding and construction of the freeway project will always be dealt with in separate Cooperative Agreement(s) between the parties, and any amendments thereto, or Encroachment Permits issued to the CITY. The parties responsible for the construction of the freeway shall make any changes affecting CITY streets only in accordance with the plan map attached hereto, marked Exhibit A. 4. The obligations of STATE and CITY with respect to the acquisition of the right of way required for the construction, reconstruction, or alteration of the freeway and CITY streets, frontage roads, and other local 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 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 project, the obligations 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 for such expenditures. 6. CITY will accept control and maintenance over each of the relocated or reconstructed CITY streets, any frontage roads, and other local streets constructed as part of the project, on receipt of written confirmation that the work thereon has been completed, except for any portion which is adopted by STATE as a part of the freeway proper. If acquired by STATE, CITY will accept title to the portions of such streets lying outside the freeway limits upon relinquishment by STATE. 7. This Agreement may be modified at anytime by the mutual consent of the parties hereto, as needed to best accomplish, through STATE and CITY cooperation, the completion of the whole freeway project for the benefit of the people of the STATE and of the CITY. IN. WITNESS WI3EREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers. STATE OF CALIFORNIA CITY OF PETALUMA Deparhnent of Transportation By Director of Transportation By TERRY L. ABBOTT Chief Design Engineer Resolution No. 2010-133 N.C.S. Page 3 APPROVED AS TO FORM`. APPROVED AS TO FORM: Attorney (State) Attorney (City) Resolution No. 2010-133 N.C.S. Page 4