CC Resolution No. 8024
RESOIUI'ION NO. 8024
A RESOIUI'ICN OF 'nIE CITY CXXJNCIL OF 'nIE CITY OF aJPERI'INO
AIJIHORIZmG EXEaJI'ICN OF FREEWAY l\GREEMENT WI'IH THE
CALIFORNIA DEPARIMENT OF TRANSroRIM'ICN (ROOl'E 85)
WHERE'AS, there has been presented to the City Council a "Freeway
Agreement" between the City of 0Jpertin0 ani the state of California,
Department of Transportation, in conjunction with the construction of
state Highway Rcut.e 85 within the City of CUpertino; ani
WHERE'AS, the City Council has heard said Agreement, read it in full,
ani is familiar with the contents thereof;
MOO, 'niEREFORE, BE IT RESOLVED, that the City Council of the City of
0Jpertin0 hereby approves said "Freeway Agreement", attached hereto ani
made a part hereof by reference, ani authorizes the Mayor ani the city
Clerk to execute the agreement herein referred to in behalf of the City of
CUpertino upon aw=val ani execution of a Memoran:ium of Un::1erstanding
with the state of California.
PASSED AND AOOPl'ED at a regular meetin;J of the City Council of the
city of CUpertino this 29th day of January , 1990 by the followin;J vote:
vote Members of the City Council
AYES: Goldman, Koppel, Sorensen, Szabo, Rogers
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:
/s/ Barbara A. Rogers
Mayor, city of CUpertino
A'ITFST:
/s/ Dorothy Cornelius
City Clerk
04-SCl-85-PM 15.9/18.9
04-SCl-280-PM 10.4/11.0
In the city of Cupertino
on Route 85 from Saratoga-
Sunnyvale Road to Homestead Road;
and on Route 280 from 0.3 mile
east to 0.3 mile west of Route 85
FREEWAY AGREEMENT
THIS AGREEMENT, made and entered into on this
day of
, 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 Cupertino (herein
referred to as "CITY"),
WITNESSETH:
WHEREAS, the highways described above have been declared to
be freeways by Resolutions of the California Highway commission on
October 17, 1956 and July 23, 1958; and
WHEREAS, STATE and CITY have entered into a Freeway Agreement
dated April 3, 1989, relating to those portions of State Highway
Routes 85 and 280, on Route 85 from Saratoga-Sunnyvale Road to
Homestead Road and on Route 280 from 0.3 mile east to 0.3 mile
west of Route 85; and
WHEEEAS, a revised plan map for such freeways have been
,
prepared showing the proposed plan of the STATE as it affects
streets of the CITY; and
WHEREAS, it is the mutual desire 9f 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 said Freeway
Agreement dated April 3, 1989.
2. CITY agrees and consents to the closing of CITY streets,
relocation of CITY streets, all as shown on said plan map attached
hereto marked Exhibit A and made a part hereof by this reference.
3. STATE in the construction of said freeway will, at
STATE's expenses, make such changes affecting CITY streets in
accordance with the plan map attached hereto marked Exhibit A. It
is understood by both parties that STATE's obligations to
construct the freeway is conditioned upon execution of cooperative
agreements with the Santa Clara County Traffic Authority
specifying construction participation.
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. It is understood by both parties that
STATE's obligation to acquire right of way is conditioned upon
execution of cooperative agreements with the Santa Clara County
Traffic Authority specifying right of way participation.
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 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. It is mutually agreed to impose a maximum gross truck
weight limit of 9,000 pounds on Route 85 from State Highway Route
280 to State Highway Route 101 in San Jose as provided for in
section 35722 of the Vehicle Code, and the Santa Clara County
Ordinance No. NS-703.5.
7. 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.
8. This Agreement may be modified at any time 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 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 CUPERTINO
ROBERT K. BEST
Director of Transportation
By
By
APPROVED AS TO FORM:
Chief, Office of Project
Planning and Design
APPROVED AS TO FORM:
Attorney (City)
Attorney, (State)
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING
FREEWAY AGREEMENT.
WHEREAS, the State of California, through its Department of
Transportation, has presented an agreement entitled "Freeway
Agreement" which concerns State Highway Route 85 from Saratoga-
Sunnyvale Road to Homestead Road and State Highway Route 280 from
0.3 mile east to 0.3 mile west of Route 85 within the city of
Cupertino; and
WHEREAS, the City Council has heard said Agreement read in
full and is familiar with the contents thereof.
THEREFORE, be it resolved by the City Council of the City of
Cupertino that said Agreement be and the same is hereby approved
and the
is directed to sign the same on
behalf of the CITY.
ADOPTED THIS
day of
, 19
By
Attest: I hereby certify that foregoing resolution was duly and
regularly passed by the City Council of the CITY OF CUPERTINO at a
regular meeting thereof held , 19
CITY Clerk
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