CC Resolution No. 087140. 87
RESOLU`ION OIL' TIII?, CITY COMICIL OF T1IL CI'IT OF CUPER`I'INO
APPROVINCr AGREEIII'P,Yi'
WHEIMAS, the State of California, through its Department
of Public Works, Division of 1- Iighv4ays, has presented an ar *ree
ment entitled "Freouay Agreement" which concerns State Highway
Route 114 within the City of Cupertino between P,IcClellari Road
and 0.2 mile north of Homestead Road, and
ti"lIMME'AS, the City Council has heard read said agreement
in full and is familiar with the contents thereof.
THE be _i.t resolved by the City Council of the City
of Cupertino that said agreemd -nt be and the same is hereby
apprvoed and the 11ayor and the City Clerk are directed to sign
the same on behalf of the C i t;Y .
ADOPTED THIS 19TH DAY Ors I,IAY., 195B.
Fy _Z s!TI. J. Nath - -- �
1',Ia yor
Ey Lav,. K. fiFla -
Cz�� C:Icrk �
Attest: I hereby certify that the foregoing resolution was duly
and regularly passed by the C?.ty Council of the City of Cupertino
at a regular meeting thereof held May 19, 15!58.
/s/ -urence K, M artin
Cif C�"r`
F'IZL1;1'l AGIdI,EI'IfL,IT
This Agreement, Trvadc� and ento red into, in duplicate, this 19th
day of May, 195£3 by and between t;ae .3tate of California, acting by
and through the Department of Publ -ic Works, Division of Highways,
hereinafter for convenience referr :d to as "the State ", and the City
of Cupertino, hereinafter for contr :ni.ence referred to as "the City ",
witnesseth:
VME- REAS, the C aliforza.1-a Hi ;hnvay C aannissi on has adopted a
resolution on October 17, 1956, de--- lacing that certain section of
State Highway Route 114 iii the Cou::lty of Santa Clara and the Cities
of San Jose, Cupertino, uunia-yvale and Llount ain View between existing
Route 114 north of Azu]-e. and Route 63 to be a freeway, and
VaEREAS, a plan map for such .freeway has heretofore been pre-
pared showing the propo:�d plan of the State as it affects streets
of the City, including provisions for closing City streets, for
carrying City streets ovor or under or to a connection with such
freeway, f -or relocation of City streets,, and for construction of
frontage roads;
NOW, THEP�r ORE, it is agreed:
1. The City agrees and consents to the closing of City streets,
relocation of City streets, const raction of frontage roads, and other
construction affecting City streets, all as shown on the plan map
attached hereto marked Exhibit "All between h1cClellan Road and 0.2
mile north of Homestead Road, and :. -ade a part hereof by this
reference.
2. The State, in the constru of said freeway,, All at
the Statet s expense, make such changes affecting City streets in
accordance with the said plan attached hereto or as the same may
hereafter be modifie -d by subsequent agreement; between the parties
hereto.
3. The City will resume control and maintenance over each
of the relocated or reconstructed City streets and accept control
and maintenance over each of the frontage eoads on notice to the
City from the Stste that the work liera:Ln provided for on such
iaLveet -o
;road 1jaj
been
csc
consent of the panties hereto, as rlay become necessary
oy.c :pt
as to any portion thereof'
which is
adopted by
the
Stat)
as a
pzavt cf
th-, freeway proper.
4. This agrciemont:;
may b:l mod .Lfied at any time by
the
mutual
consent of the panties hereto, as rlay become necessary
for
the
best accomplishment: through State md City cooperation
of
the whole
freeway project for the
benal'it of tt e people of the State
and of
the C ity.
IN WITNESS 1 , 1 ME,I',7Mr ,
the ptccties heraunto have set
their
hands
and seals the day above.
first vrritten.
STATE OF CALIFORNIA, Acting by and
through the Department of Public Works
C PAL. Gilliss
T " , r_.,..
C .
�. P;.. Gi�`
By / s1 A. H. Hende rson.
A. H. II °ridc�xson Dop�a °; Director
June 20, 1958
CITY OF CUPERTINO
By /5 N. J. Nathanson
By � _2sl L awr ; e K. 1,Iart in
City C r_
APPROVED:
Z S G. T. 1,1(:
APPROVED AS TO FORP,I:
1 1s l war ren P. P,Tarsd(n
A orne. z �r� t DE,p ar trnez3x�