HomeMy WebLinkAbout2002-238
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RESOLUTION NO. 2002-238
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING A FREEWAY AGREEMENT WITH THE STATE OF
CALIFORNIA, DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR THE
STATE ROUTE 215 FREEWAY.
WHEREAS, the construction of the State Route 215 Freeway through the City of San
Bernardino is of utmost importance to both the City and CALTRANS; and
WHEREAS, the Freeway Agreement, attached as Attachment "A" and incorporated
herein by reference, is necessary to construct said freeway improvements as well as local road
closures and detours as may- be necessary to complete such improvement at CALTRANS'
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WHEREAS, Upon completion of construction, the City will accept control and
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maintenance over each of the relocated or reconstructed city streets, and
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 Freeway Agreement with
CALTRANS on behalf of the City;
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2002-238
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING A FREEWAY AGREEMENT WITH THE STATE OF
CALIFORNIA, DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR THE
STATE ROUTE 215 FREEWAY.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a reg. meeting thereof, held on the~ay
of July 2002, by the following vote, to wit:
8 Council Members:
AYES NAYS
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ABSTAIN ABSENT
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ESTRADA
LIEN
MC GINNIS
DERRY
SUAREZ
ANDERSON
MC CAMMACK
x
\fa h cIAL!...; fYtcR rLi Y) a ) . '~pu.--t.1y
Citv Clerk ' ()
The foregoing resolution is hereby approved this )1 ru day of . July
(j~~
JUd~~yalles, Mayor
City U San Bernardino
,2002.
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
By: {L_<. 1. f <?~'-'~
(}
(oi'l
8-SBd-215-KP 6.9/13.8
(PM 4.3/8.58)
In the City of San Bernardino on
Route 215 between Fairway Drive
and Route 2591215 Interchange
FREEWAY AGREEMENT
THIS AGREEMENT, made and entered into on this _ day of 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 March 18, 1969 relating to that portion of State Highway Route 215 from Colton Avenue
(currently Inland center Drive) to the North City Limits; and
WHEREAS, CITY has subsequently annexed certain areas including portions of such
freeway covered by said Freeway Agreement dated June 7, 1954 with the County of San
Bernardino; and
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WHEREAS, a revised plan map for such freeway has been prepared showing the proposed
plan of the ST ATE 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;
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8-SBd-215-KP 6.9/13.8
(PM 4.3/8.58)
NOW, THEREFORE, IT IS AGREED:
I. This Agreement supersedes that portion of said 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 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 ST ATE'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 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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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 ST ATE 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 STATE.
7, This Agreement may be modified at any time in writing 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 ST ATE
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
JEFF MORALES
Director of Transportation
By
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APPROVED AS TO FORM:
By
KARLA SUTLIFF
Chief, Design Engineer
/ ." } (,.1.....
At orney, CITY
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APPROVED AS TO FORM:
Attorney, State
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Oversized
Map Attached
to Original
Resolution
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