CC Resolution No. 7791
0",
RESOLUTION NO. 7791
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING FREEWAY AGREEMENT BETWEEN THE STATE OF
CALIFORNIA AND THE CITY OF CUPERTINO FOR STATE HIGHWAY
ROUTE 85 FROM SARATOGA-SUNNYVALE ROAD TO HOMESTEAD ROAD AND
FROM ROUTE 280 FROM 0.3 MILE EAST TO 0.3 MILE WEST OF
ROUTE 85
WHEREAS, the State of California, through its Department of Transportation
has presented an agreement entitled "Freeway Agreement" which concerns State
Highway Route 85 within the City of Cupertino from Saratoga-Sunnyvale Road ·to
Homestead Road, and State Highway Route 280 within the City of Cupertino from
0.3 mile east to 0.3 mile west of Route 85: and
WHEREAS, the City Council has read said Agreement 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 by and the same is hereby approved and the Mayor and City Clerk
are directed to sign the same on behalf of the City.
PASSED AND ADOPTED at
of Cupertino this 3rd
vote:
a regular meeting of the City Council of the City
day of April , 1989, by the following
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Gatto, Johnson, Koppel, P1ungy
None
P1ungy
None
ATTEST:
APPROVED:
/s/ Dorothv Cornp'ill~
City Clerk
I Q./ Tnhn T "Pl1fn.B~", Jr
Mayor, City of Cupertino
~-
04-SCl-85-P.M. 15.9/18.9
04-SCl-280-P.M. 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 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 December 24, 1963, and a Supplemental Freeway Agreement
dated November 27, 1968, relating to that portion of State Highway
Route 85 from McClellan Road to 0.6 mile north of Stevens Creek
Boulevard; and
WHEREAS, STATE and CITY have also entered into a Freeway
Agreement dated September 12, 1961, relating to that portion of
State Highway Route 85 from 0.25 mile south of Homestead Road to
0.2 mile north of Homestead Road; and
WHEREAS, STATE and CITY have also entered into a Freeway
Agreement dated November 18, 1975, relating to that portion of
State Highway Route 280 from 0.2 mile southeast of Calabazas Creek
to Foothill Boulevard; and
WHEREAS, STATE and the City of San Jose have entered into a
Freeway Agreement dated August 7, 1967, relating to that portion
of State Highway Route 85 from Hacienda Avenue to Stelling Road;
and
WHEREAS, STATE and the County of Santa Clara have entered
into a Freeway Agreement dated November 3, 1958, related to that
portion of State Highway Routes 85 and 101 between existing Route
85 north of Azule and Plymouth Street; and
WHEREAS, STATE and the County of Santa Clara have also
entered into a Freeway Agreement dated July 17, 1967, relating to
that portion of State Highway Route 85 from Pollard Road to 0.1
mile west of Stelling Road; and
WHEREAS, STATE and the County of Santa Clara have also
entered into a Freeway Agreement dated October 28, 1968, relating
to that portion of State Highway Route 85 between Stevens Creek
Boulevard and University Way; and
WHEREAS, CITY has subsequently annexed certain areas
including portions of such freeway covered by said Freeway
Agreement with the City of San Jose dated August 7, 1967; and
said Freeway Agreements with the County of Santa Clara dated
November 3, 1958; July 17, 1967; and October 28, 1968; and
WHEREAS, a revised plan map for such freeway 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 freeway;
NOW, THEREFORE, IT IS AGREED:
1. This Agreement supersedes in their entirety said Freeway
Agreements dated December 24, 1963; October 28, 1968; and
Supplemental Freeway Agreement dated November 27, 1968, and
supersedes that portion of said Freeway Agreements dàted
November 3, 1958; September 12, 1961; July 17, 1967; August 7,
1967; and November 18, 1975, on State Highway Route 85 from
Saratoga-Sunnyvale Road to Homestead Road and on State Highway
Route 280 from 0.3 mile east to 0.3 mile west of Route 85.
2. CITY agrees and consents to the closing of CITY streets,
relocation of CITY streets, construction of frontage road and
other local roads, 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, in construction of said freeway will at STATE's
expense, 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 and frontage 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 obligations 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.
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 Sta'te Highway Route 85 within the City
of Cupertino from Saratoga-Sunnyvale Road to Homestead Road, and
State Highway Route 280 within the City of Cupertino from 0.3 mile
east to 0.3 mile west of Route 85; 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
CÜy Clerk
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
APPROVED AS TO FORM:
By
DEPUTY DIRECTOR, PROJECT DEVELOPMENT
ATTORNEY, (City)
APPROVED AS TO FORM:
ATTORNEY, (State)