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HomeMy WebLinkAbout99-089 CC ResolutionRESOLUTION NO. 99-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A "SUPERSEDING FREEWAY AGREEMENT, BETWEEN THE STATE OF CALIFORNIA, ACTING BY AND THROUGH THE DEPARTMENT OF TRANSPORTATION (STATE), AND THE CITY OF TEMECULA DECLARING THAT CERTAIN SECTION OF STATE HIGHWAY ROUTE 15 BETWEEN THE SOUTH TEMECULA CITY LIMIT AND THE NORTH TEMECULA CITY LIMIT TO BE A FREEWAY". THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: The City Council of the City of Temecula hereby approves that certain agreement entitled "Superseding Freeway Agreement, between the State of Califomia acting by and through the Depadment of Transportation (State), and the City of Temecula declaring that certain section of State Highway Route 15 between the South Temecula City Limit and the North Temecula City Limit to be a Freeway", and authorizes the Mayor to execute the Agreement on behalf of the City in substantially the form attached hereto as Exhibit "A': Section 3. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED by the City uncilofth,~ Council of the City of ecula this 142 day of September 1999. · Ford, MayorSt ATTEST: Susan W. Jones, [SEAL] R',Reeol t)-89 1 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) SS I, Susan W. Jones, CMC/AAE, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 99-89 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 14 day of September 1999, by the following vote: AYES: 5 COUNCILMEMBERS: Comerchero, Undemans, Roberts, Stone, Ford NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Susan V . Jones CMC/~,AE R~Reeoe 99-89 2 EXHIBIT A RESOLUTION NO. 99-89 8-Riv-15-KP 3.2/12.0 (PM 2.0/7.5) In the City of Temecula between the South Temecula City Limit and the North Temecula City Limit 08303 - 354601 SUPeRSeDING FR~T~AY AGReeMeNT THIS AGREEMENT, made and entered into on this 14th day of September , 1999 , by and between the STATE OF CALIFORNIA, acting by and through the Department of Transportation (herein referred to as STATE), and the CITY of TEMECULA (herein referred to as CITY) WITNESSETH: WHEREAS, the highway described above has been declared to be a freeway by Resolution of the California Transportation '- Commission on November 12, 1947, declaring that certain section of State Highway Route 15 between the San Diego County Line and 3.5 miles north of Temecula to be a freeway, and a resolution on January 18, 1950, declaring that certain section of State Highway Routes 15 and 215 between one mile north of Temecula and Antelope Road to be a freeway~ and WHEREAS, STATE and County of Riverside have entered into a Supplemental Freeway Agreement dated January 18, 1971, relating to that portion of State Highway Route 15 from two miles north of San Diego County Line to the junction of Route 215; and WHEREAS, a revised plan map for such freeway has been prepared showing the proposed plan of the CITY 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; NOW, THEREFORE, IT IS AGREED: 1. This Agreement supersedes the portion of said Freeway Agreement dated January 18, 1971 from two miles north of San Diego County Line to the junction of Route 215 within the City of Temecula, as shown on attached revised Exhibit "A". S-Riv-15-KP 3.2/12.0 (PM 2.0/7.5) 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 JOSE MEDINA Director of Transportation CITY OF TEMECULA By Steven J. Ford, Mayor By Project Planning and Design Engineer APPROVED AS TO FORM: APPROVED AS TO FORM: Attorney, CITY Attorney, State ', ,/- ,, 8-Riv-15-KP 3.2/12.0 (PM 2.0/7.5) 2. STATE and CITY agree and consent to the construction of a new overcrossing structure and other construction affecting CITY streets, at Overland Drive and Route 15, all as shown on said plan map attached hereto marked revised Exhibit A and made a part hereof by this reference. 3. CITY in the construction of said freeway overcrossing will, at CITY's expense, make such changes affecting CITY streets in accordance with ~he plan map attached hereto marked revised Exhibit A. 4. CITY agrees to acquire all necessaz7 right of way as may be required for construction of CITY streets and Overland Drive Overcrossing, and the cost of right of way required to construct the Overland Drive Overcrossing project shall be borne by CITY. 5. 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 Overcrossing project for the benefit of the people of the STATE and of the CITY. 2