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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
3 BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A REVISED FREEWAY
4 AGREEMENT WITH THE STATE OF CALIFORNIA, DEPARTMENT OF
TRANSPORTATION (CALTRANS) FOR THE RIGHT-OF-WAY ACQUISITION AND
5 CONSTRUCTION OF THE STATE ROUTE 215 FREEWAY.
RESOLUTION NO.
2003-20
6
7
8 Bernardino is of utmost importance to both the City and CAL TRANS.
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WHEREAS, the construction of the State Route 215 Freeway through the City of San
WHEREAS, the Freeway Agreement, attached as Exhibit" 1" and incorporated herein
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19 III
20 III
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24 III
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
The Mayor is hereby authorized and directed to execute said revised Freeway
Agreement with CALTRANS on behalf of the City.
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26 III
27 III
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III
2003-20
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
2 BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A REVISED FREEWAY
AGREEMENT WITH THE STATE OF CALIFORNIA, DEPARTMENT OF
3 TRANSPORTATION (CALTRANS) FOR THE RIGHT-OF-WAY ACQUISITION AND
4 CONSTRUCTION OF THE STATE ROUTE 215 FREEWAY.
5
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6
jt.
7 Common Council of the City of San Bernardino at a reg. meeting thereof, held on the ~ day
8 of Jan, 2003, by the following vote, to wit:
9 Council Members:
10
11
LONGVILLE
12
13
MC GINNIS
AYES NAYS
x
x
-
x
---1L
x
x
ABSTAIN ABSENT
ESTRADA
14 DERRY
15 SUAREZ
16
17
18
19
20
ANDERSON
MC CAMMACK
x
L1 'nil itu "t'-fd.,
City Clerk
The foregoing resolution is hereby approved t~is .f/-"T7r day of January , 2003.
/
(
Neil Derry, a ro Tern
City of San Bernardino
2003-20
Exhibit 1
(Revised)
1-215 Freeway Agreement
2003-20
8-SBd-215-KP 6.9113.8
(PM 4.3/8.58)
In the City of San Bernardino on
Route 215 between Fairway Drive
and Route 259/215 Interchange
FREEWAY AGREEMENT
THIS AGREEMENT, made and entered into on this 'lJ'.! day of :h.fl/l.l.i'\j 2003, by and
between the ST ATE OF CALIFORNIA, acting by and through the Dep~rtment of
Transportation herein referred to as 'STATE", and the CITY OF SAN BERNARDINO
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 August 20,
1953 between Riverside County Line and Highland Avenue and on November 17, 1954
between Highland Avenue and 0.6 miles north of Devore; and
WHEREAS, STATE and CITY have entered into a Freeway Agreement dated
November 26, 1968 relating to that portion of State Highway Route 2 I 5 from South City
Limits at Fairway Drive to Colton Avenue (currently Inland Center Drive) and Freeway
Agreement dated April 17 1956 relating to that portion of State Highway Route 215 from
Colton Avenue (currently Inland Center Drive) to the North City Limits; and
WHEREAS, a revised plan map for such freeway has been prepared showing thc
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 said freeway;
2003-20
8-SBd-215-KP 6.9113.8
(PM 4.3/8.58)
NOW, THEREFORE, IT IS AGREED:
1. This Agreement supersedes in its entirety said Freeway Agreement dated November
26, 1968, on State Route 215 from the south City Limits at Fairway Drive to Colton A venue
(currently Inland Center Drive), and that portion of said Freeway Agreement dated April 17,
1956, from the south City Limits to State Route 259.
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 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".
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
streets, and CITY hereby authorizes ST ATE to acquire on its behalf all such necessary right
of way.
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.
2
2003-20
8-SBd-215-KP 6.9/13.8
(PM 4.3/8.58)
6. CITY will accept control and maintenance over each of the relocated or reconstructed
CITY streets and other STATE constructed local streets 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 streets lying outside the freeway limits, upon relinquishment by ST ATE.
7. This Agreement may be modified at any time in writing by the mutual consent ofthe
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
Department of Transportation
CITY OF SAN BERNARDINO
. ) ~
( / 2-.,
By 0
JEFF MORALES
Director of Transportation
By
~
APPROVED AS TO FORM:
C
APPROVED AS TO FORM:
/(v!udM//lLLL "-
Attorney, State
'---'
3
2003-20
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2003-20
Exhibit 2
(Amended copy by CAL TRANS)
1-215 Freeway Agreement
2003-20
8-SBd-215-KP 6.9113.8
(PM 4.3/8.58)
In the City of San Bernardino on
Route 215 between Fairway Drive
and Route 259/215 Interchange
FREEWAY AGREEMENT
THIS AGREEMENT, made and entered into on this ~ day of O'~.d 2002, by and
between the STATE OF CALIFORNIA, acting by and through the Department of
Transportation herein referred to as "STATE", and the CITY of SAN BERNARDINO 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 August 20, 1953 between Riverside County Line
and Highland Avenue and on November 17, 1954 between Highland Avenue and 0.6 miles
north of Devore; and
WHEREAS, STATE and CITY have entered into a Freeway Agreement dated November
26, 1968 relating to that portion of State Highway Route 215 from South City Limits at
Fairway Drive to Colton Avenue (currently Inland Center Drive) and-Freeway Agreement
dated, , t%9 relating to that portion of State Highway Route 215 from Colton Avenue
, ~curre[ y Inland center Drive) to the North City Limits; and
"-i-;n_1f1 .
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'. WHEREAS, CITY h;'~l{;b.'equent1y annexed certain areas including portions of such
freeway covered by said Fr'eew..IY Agreement dated June 7, 1954 with the County of San
Bernardino; and :. n" / ..u A -1. -. _ . -;
v "". ";;:<_'- on ,'V1 t-1~y"""'"
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WHEREAS, a revised plan map for such freeway bas 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 said freeway;
1
'.
2003-20
8-SBd-215-KP 6.9113.8
(PM 4.3/8.58)
NOW, THEREFORE, IT IS AGREED:
I. This Agreement supersedes !II:! ~~~Isaid Freeway Agreement dated November
26, 1968 on State Route 215 from the south City Limits at Fairway Drive to Colton Avenue
(currently Inland Center Drive), and that portion of said Freeway Agreement daled April 17,
1956 from the South City Limits to State Route 259.
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 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".
4. ST ATE agrees to acquire all necessary right of way as may be required fnr
construction, reconstruction, or alteration of CITY streets, frontage roads, and other local
streets, and CITY hereby authorizes STATE to acquire on its behalf all such necessary right of
way.
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.
,
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