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Home My WebLink About1989-464 ....'.... " ~ .,..' .. .. . 1 2 RESOLUTION NO. 89-464 3 4 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 6 CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FREEWAY AGREEHENT WITH THE STATE OF CALIFORNIA, RELATING TO IMPROVEMENT OF ROUTE 30, BETWEEN 0.1 MILE WEST OF DEL ROSA AVENUE TO ROUTES 330/30 INTERCHANGE AT PACIFIC STREET, AND ON ROUTE 330 , FROM 330/30 INTERCHANGE TO 1 . 0 MILE NORTH OF HIGHLAND AVENUE. SECTION 1. The Mayor of the City of San Bernardino ,is hereby authorized and directed to execute on behalf of said City 9 a Freeway Agreement relating to improvement of Route 30, from 0.1 10 mile west of Del Rosa Avenue to Route 330/30 Interchange at 11 Pacific Street, and on Route 330, from 330/30 interchange to 1.0 12 mile north of Highland Avenue, a copy of which is attached 13 hereto, marked Exhibit "A" and incorporated herein by reference 14 as fully as though set forth at length. 15 SECTION 2. The authorization granted hereunder shall not 16 take effect until fully signed and executed by all parties. The 17 City shall not be obligated hereunder unless and until the 18 agreement is fully executed and no oral agreement relating 19 thereto shall be implied or authorized. 20 SECTION 3. The authorization to execute the above- 21 referenced agreement is rescinded if the parties to the agreement 22 fail to execute it within sixty (60) days of the passage of this 23 resolution. 24 / / / / 25 / / / / 26 / / / / 27 / / / / 11/08/8928 / / / / -RESO;,". AUTHORIZING EXECUTION OF AGREEMENT WITH STArE OF, . '* CALI-FORNI*A FOR ROUTES 30 AND 330 _ , .~ " 15 16 17 18 19 20 21 22 23 24 25 26 27 11 / 0 8 / 8 9 28 1 2 3 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the Ci ty of San Bernardino at a meeting thereof, he ld on the regular 4 20th day of November , 1989, by the following vote, to-wit: 5 6 7 8 9 10 11 12 ,2~;J 13 14 AYES: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller NAYS: None ABSENT: None d ~ y>~t?a1f~ ~"I'?~L"_ / City C er- The foregoing resolution is hereby approved this _". / day of November 1989. //' / / . / ~:;/!$-~/~; " ~C::::-H,()lCOmb ,/1iiayor Ci tf o~~.. San "Bernardino \~ Approved as to form and legal content: James F. Penman City Attorney By - 2 - , ~ f; EXHIBIT "A" <f' 8-SBd-30-R25.7/R28.8 8-SBd-330-R28.7/R30.6 On Route 30 between 0.1 Mi. W of Del Rosa Avenue to Routes 330/30 Interchange at Pacific street and on Route 330 from Routes 330/30 Interchange to 1.0 Mi. N of Highland Avenue FREEWAY AGREEMENT THIS AGREEMENT, made and entered into on this 20~ day of Novew, j,qV , 19~, 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 highways described above have been declared to be freeways by Resolution of the California Transportation Commission on November 15, 1945 and May 22, 1963; and WHEREAS, STATE and County of San Bernardino have entered into a Freeway Agreement dated January 20, 1964, relating to that portion of State Highway Route 30 between San Bernardino City Limit (near Golden Avenue) and Redlands City Limit (Lugonia Avenue) and that portion of Route 330 between Route 30 and 0.2 mile north of Highland Avenue; and a Freeway Agreement dated November 3, 1969, relating to that portion of State Highway Route 30 and Route 330 between San Bernardino City Limit (near Golden Avenue) and 0.2 mile north of Highland Avenue; and WHEREAS, a revised plan map for such freeways 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 said freeways; NOW, THEREFORE, IT IS AGREED; 1. This Agreement supersedes in its entirety, insofar as it pertains to CITY, said Freeway Agreement dated November 3, 1969, and said Freeway Agreement dated January 20, 1964. 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 1 ,().co~ 'f" \:J '" \ '1.> l ~~~ r. " 7 ~ . . . , 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 roads, and CITY hereby authorizes STATE to acquire in 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. 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. / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / ~ ~~ 2 ~ , I ' '" ... ;. 7. This Agreement may be modified at any time in writing by the mutual agreement 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 Department of Transportation THE CITY OF SAN BERNARDINO By W. R. Holcomb By ft)fLd Chief, Office of Project Planning and Design Mayor ROBERT K. BEST Director of Transportation ,<7' APPRO D ~ TO FORM, AND LEGAL CONTENT: James F. Penman, City Attorney APPROVED AS TO FORM: t..~ ~ ~L ttorney (state) j1 ATTEST: ~~~/it7 / City Clerk 3 \~~O:, ~ ~~ \\\') ~-- S"'~TE OF CALIFORNIA-BUSINESS, TRANSPORTATION AND HOUSING AGENCY GEORGE DEUKMEJIAN, Governor DEPARTMENT OF TRANSPORTATION DISTRICT 8, P.O. BOX 231 SAN BERNARDINO, CA 92402 TOD (714) 383-4609 January 29, 1990 , "11 .. The Honorable W. R. Holcomb Mayor, City of San Bernardino Attention Roger Hardgrave Director of Public Works City Engineer 300 North "D" Street San Bernardino, CA 92418 08-SBd-30-R25.7/R28.8 08-SBd-330-R28.7/R-30.6 On Route 30 between 0.1 mi. W of Del Rosa Avenue to Routes 330/30 Interchange at Pacific Street and on Route 330 from Routes 330/30 Interchange to 1.0 mi. N of Highland Avenue Dear Mayor Holcomb: Enclosed for your records please find a fully executed Freeway Agreement between the State and the City of San Bernardino for the Routes 30/330 freeway project. Thank you for your efforts in reaching this Agreement. If you have any questions, please contact Bruce Kean, District 8 Agreements Coordinator, at 383-6729 or me at 383-4068. 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