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Home My WebLink AboutCC Resolution 10824 (Freeway Agr.; State of CA)RESOLUTION NO. 10824 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING FREEWAY AGREEMENT BETWEEN THE STATE OF CALIFORNIA AND THE CITY OF SAN RAFAEL RELATING TO THAT PORTION OF STATE HIGHWAY ROUTE 101 FROM THE SAN RAFAEL CITY LIMIT AT 0.8 KILOMETER SOUTH OF BELLAM BOULEVARD TO RANCHITOS ROAD AND STATE HIGHWAY ROUTE 580 FROM BELLAM BOULEVARD TO ROUTE 101 WHEREAS, STATE and CITY have entered into a Freeway Agreement dated January 15, 1964, relating to portions of State Highway Route 101 from 0.64 kilometer north of Corte Madera Creek to Harbor Street and Route 580 from Bellam Boulevard to Route 101; and WHEREAS, CITY has subsequently annexed certain areas including portions of such freeways covered by Freeway Agreement dated January 15, 1964 with the County of Marin; and WHEREAS, STATE and CITY have also entered into a Freeway Agreement dated August 5, 1966, relating to that portion of State Highway Route 101 from Harbor Street to Ranchitos Road; and WHEREAS, CITY has also approved modification of Freeway Agreement dated August 5, 1966 relating to that portion of State Highway Route 101 at Lincoln Avenue Interchange, by Resolution No. 7525 dated April 20, 1987; and WHEREAS, STATE and CITY have also entered into a Freeway Agreement dated September 8, 1981, relating to that portion of State Highway Route 101 from Harbor Street to Fourth Street; and WHEREAS, studies show that it is necessary to close the gap between existing HOV lane on Route 101, between Lucky Drive in Corte Madera and North San Pedro Road in San Rafael and to remove the south bound Route 101 to east bound Route 101 to east bound Route 580 connector and replace it with a new structure; and WHEREAS, the plan map attached hereto marked Exhibit A has been prepared by the Department of Transportation showing said project as it affects city streets; and WHEREAS, the State of California, through its Department of Transportation, requests that the City (by resolution) approve said project, make changes affecting city streets as shown on the attached map marked Exhibit A; and WHEREAS, the City Council has considered said Agreement in full and is familiar with the content thereof. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Rafael that said Agreement be and the same is hereby approved and the Mayor is authorized to sign the same on behalf of the City. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on the 7`h day of May, 2001, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller 1ti . JEANMR-M. LEON INI, City Clerk File No.: 07.06.20.03 04 -MRN -101 -KP 14.6/19.8 (PM 9.1/12.3) In the City of San Rafael from the San Rafael City Limit at 0.8 kilometer south of Bellam Boulevard to Ranchitos Road 04 -MRN -580 -KP 7.2/7.7 (PM 4.5/4.8) In the City of San Rafael from Bellam Boulevard to Route 101 FREEWAY AGREEMENT THIS AGREEMENT, made and entered into on this day of , 20 , 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 Rafael (herein referred to as "CITY"), WITNESSETH: WHEREAS, the highways described above have been declared freeways by Resolutions of the California Transportation Commission on October 28, 1939, September 24, 1945, July 17, 1946, and June 17, 1953; and WHEREAS, STATE and County have entered into a Freeway Agreement dated January 15, 1964, relating to portions of State Highway Route 101 from 0.64 kilometer north of Corte Madera Creek to Harbor Street and Route 580 from Bellam Boulevard to Route 101; and WHEREAS, CITY has subsequently annexed certain areas including portions of such freeways covered by Freeway Agreement dated January 15, 1964 with the County of Marin; and WHEREAS, STATE and CITY have also entered into a Freeway Agreement dated August 5, 1966, relating to that portion of State Highway Route 101 from Harbor Street to Ranchitos Road; and WHEREAS, CITY has approved modification of Freeway Agreement dated August 5, 1966 relating to that portion of State Highway Route 101 at Lincoln Avenue Interchange, by Resolution No. 7525 dated April 20, 1987; and WHEREAS, STATE and CITY have also entered into a Freeway Agreement dated September 8, 1981, relating to that portion of State Highway Route 101 from Harbor Street to Fourth Street; 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 amend the existing Freeway Agreements in accordance with the revised plan of said freeway; NOW, THEREFORE, IT IS AGREED: 1. This Agreement supersedes in its entirety said Freeway Agreements dated August 5, 1966, September 8, 1981, and portions of said Freeway Agreement dated January 15, 1964 from Bellam Boulevard to Route 101 on State Highway Route 580 and from 0.8 kilometer south of Bellam Boulevard to Harbor Street on Route 101. 2. CITY agrees and consents to the closing of CITY streets, relocation of CITY streets, construction of frontage roads and other local streets, and other construction affecting CITY streets, all as shown on the plan map attached hereto marked 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 streets, and CITY hereby authorizes STATE to acquire on 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 projects 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 streets 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 streets lying outside the freeway limits upon relinquishment by STATE. 7. 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 Amendment to be executed by their respective duly authorized officers. STATE OF CALIFORNIA Department of Transportation JEFF MORALES Director of Transportation By ROBERT L. BUCKLEY Chief Design Engineer APPROVED AS TO FORM: Attorney (State) THE CITY OF SAN RAFAEL By ALBERT J. BO ,Mayor ATTEST:, NNE M. �NIW City Clerk 5EZ GGHIANTI ( k ! r IS § � \!\ ina \�otat , !ai®; 15% � ( k ! r