HomeMy WebLinkAboutRESO 3768•
RESOLUTION NO. 376$
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1111 301011011 OF THE COUNCIL OF THE CITY OF PALO ALTO
AUTBiONIZIUQ Tit mac. TO =CUTE AN U-
Til EN CITY AND T STATIC OW CAL
OF PUiLIC womiii l ' tugii8
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The Council of the City oil Palo Alto `floes RESOLVE is
follows:
giCTigl1 1 That the egre e t attached berito be
tween the CITY OF ?M4 A b, a uydam:I corporattoa; and
the State of Celiforais, Depertiant of 1 c , Tiv w
Sian of algliways, be and the 4114 hereby tr'"approwii , "tt et
the y Mr or beand be hereby 1;s authorifad fecti to'r"'
execute the ssie for and i'n bibait `ot t�e ryCiey, it dthe .t}.;r,
City Clerk is a tbori see and d
signature.
IN1'it1DUC$D:AIQh,.EA Sib; $•P !! 'bel�5 ,i4,•;1 0.:4t. emus vote.
APBDDVID'';M TO: MIMI
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AS . TO CQTA NT:
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AGREEMENT
, The City of Palo Alto, a body politic and a municipal
corporation of the State of California, hereinafter referred to
as `CITE', and the State of California, Department of Public
Works, Division of Highways, hereinafter referred to as "STATE',
do enter into the following Agreement:
WHEREAS, Stets, lefts development of a freeway along
State Highway Route 101 in the City of Palo Alto, did construct
portions of a frontage road along the northerly side of such
freeway between Eabaroadero Road and San Antonio Road; and
WHEREAS, there now exists in State. highway right of
way, a jog 22.29 feet wide through the section where no frontage
road was oonstruoted,a distance of approximately 2500 feet; and
WHEREAS, City has requested that to permit construction
of the missing gap in the aforesaid frontage along the existing
frontage road Alignment, State convey to City, State's 22.29 feet
of right of way throughout the frontage gap; and
WHEREAS, State and City do mutually desire to cooperate
and jointly participate in the construction of said frontage road
missing gap and desire to specify herein the work to be performed
by each and to arrange herein for maintenance; end
WHEREAS, State will benefit from the construction of th
aforesaid frontage road through the reduction in the amount of
turning traffic through the interchange areas at Embarcadero Road
and at San Antonio Road, and the corresponding reduction of inter
change to interchange traffic now required because of the
uncompleted frontage road and the extent of State's partioipation
in the construction of the uncompleted frontage road is reasonabl;
proportioned to said benefits; and
WHEREAS, City and the traveling public will benefit
through the elimination of a perpetually unsatisfactory roadway
alignment should the City be required to construct said frontage
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road missing gep along en alignment avoiding encroachment on Stet
existing highway right of way, and the extent of City's partiol-
pation in the construction of the uncompleted frontage road is
reasonably proportioned to said benefits.
NOW, THEREFORE, I'P /S AGREED AS FOLLOWS:
SECTION I
For and in consideration of the oovenants and condi-
tions to be kept and performed by State, as set forth in this
Agreement, City agrees:
1. To construct or cause to be constructed, the missing
portion of the existing frontage road along the northerly side
of State Highway Route 101 Freeway between Embarcadero Road and'
San Antonio Road, said improvement to be along the tangent
extensions of the existing frontage road alignment.
2. To relocate or reconstruct State Highway fence
along the highway right of way as established by the conveyanos
of that certain 22.29 foot parcel to be conveyed by State to
City, as set forth hereinafter in Paragraph 1 of Section II,
said fencing to be installed in accordance with State's epeoifi-
cations and to be to en order equal to or batter than the now
existing fence.
g. To provide drainage facilities outside State's
remaining highway right of way to accommodate al; existing
freeway cross drainage within the limits of the existing
26 unoonstructed frontage, said improvements to either be by the
g6 continuation of such State facilities under and across said
97 proposed frontage road or by means of longitudinal drainage
29 facilities within said frontage road right of way which will
N carry said storm waters to the nearest or beet natural drainage
30 channel, said facility to include provision for the disposal of
31 surface drainage from State's freeway right of way.
2.
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1 4. Except for the 22.29 foot parcel of land to be
8 conveyed by State to City, as set forth hereinafter, to acquire
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3 ` all neossspry rights of way for'the aforesaid frontage road to
4 be oopstructed by City.
5 5. To prepare all plans and specifications for the
8 foregoing enumerated items in this Section, said plans' and
7 specifications tp be subject to the review and approval of
is State as to their relationship to State highway facilities
9 within the area.
10 6. To maintain as constructed, the roadway and drainage
11 improvements covered by this Agreement, and to make no olaia
12 against.State for any portion of such maintenance exiense.
13 SECTION II
14 For end in ponsideretion of the covenants andjconditions
15 to be kept and performed by City;as set forth in thus Agreement,
18 State agrees:
17 1. To transfer to City,all right., title, and interests
18 held by State in that certain 22.29 foot parcel of highway right
19 of way within the limits of the existing unconetructed frontage
80 road along the northerly side of State Highway Route 101 Freeway
21 between Embarcadero Road and San Antonio Road, such transfer to
21 be processed by State as rapidly as possible after completion of
23 City's oonatruction contract or oontracta for the roadway and
98 drainage improvements covered by this Agreement, and the
completion of the relocation or reconstruction of State's
101 freeway fence.
27 2. Upon review and approval by State of City's construe -
99 tion plans end specifications, to issue to City a Permit to
29 Enter pending completion of the processing of the aforesaid
30 conveyance of real property to the City.
31 3. To maintain the reloosted or reconstructed freeway
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fencing at State's expense.
SECTION III
IT IS UNDERSTOOD AND AGREED that:neither the State nor any
officer or employee thereof is responsible for any damage or
liability occurring by reason of anything done or omitted to be
done by the City under or in connection with any work, authority
or jurisdiction delegated to the City under this Agreement. It
is also understood and agreed that pursuant to Government
Code Section 895.4, City shall fully indemnify and hold State
harmless from any damage or liability occurring by reason of
anything done or omitted to be done by City under or in oonneo-
tien with any work, authority or jurisdiction delegated to City
under this Agreement.
IT IS UNDERSTOOD AND AGREED that neither City nor any officer
or employee thereof is responsible for any damage or liability
occurring by reason of anything done or omitted to be done by th
State under or in conneotion with any work, authority, or
jurisdiction not delegated to the City under this Agreement.
IT IS ALSO UNDERSTOOD AND AGREED that pursuant to Government
Code Section 89$.4, State shall fully indemnify and hold City
hsrmleee from any damage or liability occurring by reason of
anything done or omitted to be done by State under or in con-
nection with any work, authority or jurisdiction not delegated
to City under this Agreement.
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IN WITNESS WHEREOF, the Parties hereto have caused this
Agreement to be executed by their respective Officers, duly
authorized: By the City, this sitil day of
$aptember
, 1964, and by the State, this *%
day of _ Noveamber ,1964.
APPROVAL RECOMMENDED:
wlks. 4. Pleat
Deputy uistriot angineer
APPROVED AS TO FORM AND
PROCEDURE:
/a/ missar4 C. Apit
Attorney, -Department of
Public, Works
/./ Robert E. Michalski
pity Attorney
APIOROVE AS TO CONTENT;
/s/ Robert A. W[eloUss
argiaeerl.g Department
5.
DEPARTMENT OF PUBLIC WORKS
'toting through the
Division of Eighways
State of California
J. C. Womaok
State Highway Engineer
By /s/ J. A. Loran
Deputy State Highway Engineer
CITY OF PALO ALTO
By /s/ R. Woodward
Mayor
By dal RWrlrm ffi jgore
City Clerk, Aeolus
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