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Home My WebLink AboutReso 1971-6283RESOLUTION NO. 5283 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FREEWAY MAINTENANCE AGREEMENT 11-8061 FOR STATE ROUTE 805 BETWEEN OTAY VALLEY ROAD AND TELEGRAPH CANYON ROAD The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the State of California, through its Department of Public Works, Division of Highways, has presented an agreement entitled "Freeway Maintenance Agreement" which includes a portion of State Highway Route 805, within the limits of the City of Chula Vista, and WHEREAS, the City Council has read said agreement in full and is familiar with the contents thereof. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that said Freeway Maintenance Agreement be, and thE~ same is hereby approved and the Mayor and the City Clerk are directed to sign the same on behalf of said City. PrE~sented by Approved. as to form by ~_ -- _._ , ' ~~ / `~ ~ ~ ,. _ ~ Larie F. Cole, Director o George IYi Lindberg, City Attorr~ Puk~lic Works ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 7th day of December , 1971, by thE~ following vote, to-wit: AYES: Councilmen Hyde., Egdahl, Scott, Hobel, Hamilton NAYES: Councilmen None ABSENT: ATTEST Councilmen STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, City Clerk of the City of Chula Vista, California DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed. DATED City Clerk ' ~ FMA 11-8061 :. ~ • - . .SD-805 ' ~ 3.5-6.06 FREEWAY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into, in duplicate, this 7th day of December 19 71 by and between the State of California, acting by and through the Department of Public Works, Division of Highways, hereinafter for convenience referred to as "the State," and the City of Chula Vista hereinafter for convenience referred to as "the City," witnesseth: WHEREAS, on July 1 19_~-, a freeway agreement was executed between the City and the State wherein the City agreed and consented to certain adjustments of the City street system required for the development of that portion of State Highway Route 805 within the limits of the City of Chula Vista as a freeway; and WHEREAS, on July 1, 1968 a freeway agreement was executed between the County of San Diego and the State wherein the County agreed and consented to certain adjustments of the County Road system required for the development of that portion of State Highway Route 805 between 3.5 miles north of Route 5 and 3.7 miles north of Route 5 and subsequently annexed to the City of Chula Vista on June 15, 1971; and WHEREAS, 5aiu frCCwciy i:ct8 iiu"w ~,ccn completed or is nearing completion, and the parties hereto mutually desire to clarify the division of maintenance responsibility as to separation structures, and cite GtrAAts ~r portions thereof, and landscaped areas, within the freeway limits; and WHEREAS, under the provisions of the above freeway agreements, the City will resume control and maintenance over each of the relocated or reconstructed city streets except on ~~~~ . (_;, J „- those portions thereof adopted as a part of the freeway proper. NOW THEREFORE, IT IS AGREED: 1. ROADWAY SECTIONS The City will maintain, at City expense, all portions of City Streets and appurtenant structures and bordering areas, within the shaded areas on sheets 2 through 5 of the attached map marked EXHIBIT "A" and made a part hereof by this reference. 2. VEHICULAR OVERCROSSINGS The State will maintain, at State expense, the entire structure below the deck surface except as hereinafter provided. The City will maintain, at City expense, the deck and/or surfacing and shall perform such work as may be necessary to ensure an impervious and/or otherwise suitable surface. The City will also maintain all portions of the structure above the bridge deck, as above specified, as well as all traffic service facilities that may be required for the benefit or control of City street traffic. 3. VEHICULAR UNDERCROSSINGS The State will maintain the structure proper. The roadway section, including the traveled way, shoulders, curbs, sidewalks, walls, drainage installations and traffic service facilities will be maintained by the City. 4. PEDESTRIAN OVERCROSSINGS The State will maintain, at State expense, the entire structure below the top of the concrete deck surface, exclusive of any surface treatment thereon. The City will maintain, at - 2 - -f , ~, ~S' =, City expense, the top of the concrete deck surface, together with any surface treatment thereon, and all portions of the structure above the concrete deck surface, and shall perform such other work as may be necessary to ensure an impervious and otherwise suitable surface. The City will also maintain all traffic service facilities provided for the benefit or control of pedestrian traffic. 5. PEDESTRIAN UNDERCROSSINGS The State will maintain the structure from a struc- tural standpoint. The City will maintain all drainage and lighting installations and will be responsible for all clean- ing and painting as may be required to keep the structure free of debris and obscenity.nity. 6. LANDSCAPED AREAS ADJACENT TO CROSSING STRUCTURES Landscaped areas within the limits reserved for freeway use, including traffic interchanges ramp areas but excluding frontage road area tained by the State, at State expense. All types of roadside development lying outside reserved for freeway use will be maintained at City expense. 7. RESPONSIBILITY and on and off s, will be main- plantings or other of the area by the City It is understood and agreed that neither the State, nar 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 the Freeway Agreement and further clarified by this Freeway Maintenance Agreement. It is also understood and agreed that pursuant to Government Code Section 895.4, the City shall fully indemnify and hold the State harmless from 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 the Agreement. It is understood and agreed that neither the 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 the State under or in connection with any work, authority or jurisdiction not delegated to the City under the Freeway Agreement and further clarified by this Freeway Maintenance Agreement. It is also understood and agreed, that pursuant to the Government Code Section 895.4, the Department shall fully indemnify and hold the City harmless from any damage or liability occurring by reason of anything done or omitted to be done by the State under or in connection with any work, authority or jurisdic- tion delegated to the City under the Freeway Agreement and further clarified by this Agreement. - 4 - ~, `i' r 8. EFFECTIVE DATE This Agreement shall be effective upon the date of its execution by the State; it being understood and agreed, however, that the execution of this Agreement shall not affect any pre-existing obligations of the City to maintain desig- nated areas pursuant to prior written notice from the State that work in such areas, which the City has agreed to main- tain pursuant to the terms of the Freeway Agreement, has been completed. CITY OF Chula Vista Approved as to form and procedure: _\ ~,~ B ~ i' M ._ i y orney ;-~ BY ~ ~ ~L~t-~~. 1 ~~~ By ity Clerk STATE OF CALIFORNIA DEPARTMENT OF PUBLIC WORKS DIVISION OF HIGHWAYS SAM HELWER STATE IGHt~AY ENGINEER 21 QEC 197 By ~ , Distri Engineer ~~ -- ~ , ~ ,, Location Limits Sta. 342+00 PN 6.06 our r t r yt l IOC. I SM. 2 I ~ MAPLES ST. UC I~ a-~ j1 O' ~ ~~~ \' _LS~r~~~l ~ ~ILO~. 3 SM. 4 I .' Ss/';/ -~ I I~ i !~ ~I ~~ dl ~ -~i SI~,~L i% ~ c~~l a L~--~, , j 5~; ~ -~ ~ I a., -rte _ i;. i 'i-~-1L.J'igea ~ _ ~ ~ d~~ a ~.~\~!; \ ~~ fir, ,~~~' ~ '~ I~_ - `~, ~I Ili I ~~ ~ ~., .. ~ ~,~ ,~~ ~ ! ~- ~ JIB .:.. m ' ~ r~ _ the. s_= i ,R~'c.~~ 'f~ ~ ~• 114 ~ _ •~~-- r~ ~~ ~ ~ `~ea~f" J LOC. 2 SII. 3 al x~m~----J~` ~~= ~ili / ~ w (- ~ ~ 2~L~.~. /,- - Location li~it~ ~ ~~ Sta. 214100 PM 3.47 ~ i ~. / ~ r"_- "-~ \`~ TELEORAPN CANTON RD. UC LOC. 4 SN. 5 FREEWAY MAINTENANCE AGREEMENT EX H i 8 IT "A" SHEET 1 OF 5 SHEETS ~~,1 ,~~ ~~,~ . S~~ ~~ ;.~~ _ .. 3 D 1ST. CO. RTE. SEC. 11 SD 80S ...._ --, OTAY V T,T.~''Y RD . U. C . AREA WITHIN FREEWAY LIMITS TO BE MAIIQTAIRED BY CITY LOCATION # ~ EXHt~IT"A" SHEET 2 ~ OF 5 SHEETS 'c` '• , r. ~ ~,: ~J ~~ ':~~- D IST. CO. RTE. SEC. 11 SD 805 n `~ } . NO ', -- -- -~ LO CAT I 0 N # 2 EXH6IT"A" SHEET 3 OF 5 SHEETS ;. 1.-._- - Freeway Limits 'L \ ~ ~~~N \~ EVE '`-., _ ryes CL „ Fi'+ewoy Fenct --~ 4 D 1ST. CO. RTE. SEC. 11 SD 80 ~X~~ \ v~ , i y,~ << ~~ <<>1>:>~>~ bhp/es St U~ ~;;:~>::>:~;<.; ;.::~:::;:~: B~ NO 57-634 R/L - -~--- ------1 0 -- ~-- _____---e - ----- - Ty Pe C[ -L Fru~noy Finn - Typs LL G freswsiy Fenn -, r ~C~ C4 - ' i C ~ Z n,t Gn~e : sa:•;::•: ~::~> Q c.~»~%~ c~i,~ Go~r(Yype C4 -~J y i ----- ~- - 3 Ji3 ~ i W r ' J ~ , s i N ~, I~ ,a 3 iCy, [z. // LOCATION #3 EXHI~IT~~A~~ $MEET 4 OF 5 SHEETS .• ~• ~s -~' I ,\ ~. _~ ,:~ ~ 4Ty4 TELEGRAPH CANYOA RD • U. C • ~-'""~ AREA ~IITHIN FREEWAY LIMITS t . 1 TO BE MAIIQTAI2~ED BY CITY 01ST. CO. RTE. SEC. '~ ', / , i LO CAT I 0 N # 4 EXH! ~!T ~'A" SHEET 5 ®F 5 SHEETS .• tw ., . . RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF APPROVING FREEWAY MAINTENANCE AGREEMENT 11- WHEREAS, the State of California, through its Department of Public Works, Division of Highways, has presented an Agreement entitled "Freeway Maintenance Agreement" which includes a por- tion of State Highway Route within the limits of the City of and, WHEREAS, the City Council has heard read said Agreement in full and is familiar with the contents thereof; THEREFORE, be it resolved by the City Council of the City of that said Freeway Maintenance Agreement be and the same is hereby approved and the and the City Clerk are directed to sign the same on behalf of said City. ADOPTED this day of , 19 BY BY City Clerk ATTEST: I hereby certify that the foregoing resolution was duly and regularly passed by the City Council of the City of at a regular meeting thereof held 19 City Clerk