HomeMy WebLinkAboutReso 1969-5432A +~ r '
RESOLUTION NO. 5432
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND THE STATE OF CALIFORNIA FOR REIMBURSEMENT
OF RIGHT OF WAY COSTS IN CONNECTION WITH THE CON-
STRUCTION OF THE INTERCHANGE AT "J" STREET ON THE
I-5 FREEWAY AND AUTHORIZING THE MAYOR TO EXECUTE SAME
The City Council of the City of Chula Vista does hereby
resolve as follows:
That that certain agreement between the City of Chula
Vista, a municipal corporation, and the State o.f. California for
reimbursement of right of way costs in connection with the con-
struction of the interchange at "J" Street on the I-5 Freeway,
dated the 18th day of November ,19 69 , a copy of_ whi_ch
is attached hereto and incorporated herein, the same as though
fully set forth herein be, and the same is hereby approved.
BE IT FURTHER RESOLVED that the sum o.f_ $45,200 be, anc~.
the same is authorized. to be expended from Gas Tax funds for the
purposes set forth hereinabove.
BE IT FURTHER RESOLVED that the Mayor o.f the City of. Chula
Vista be, and he is hereby authorized and directed to execute said
agreement for and on behalf of said City.
Presented by
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Lane F. Cole, Director of
Public Works
Approved as to form by
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George D. indberg, City Attorn
ADOPTED AP'D APPROVED by the CITY COUNCIL of the CITY OF CEULA VISTA
CALIFORNIA, this 18th day of
November
1969 by the following vote,
to-wit:
AYES: Councilmen Scott, Sylvester, Hamilton, McAllister
r:AYES: Councilmen None
ABSEP,T: Councilmen None
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C~tv Clerk
STATE OF CALIFORNIA )
COti.~TY OF SATE DIEGO ) ss .
CITY OF CHULA VISTA )
I, uENNETH P. CAriPBELL, City Clerk of the City of Chula Vista, Caliroc~ia,
DO HEREBY CERTIFY that the above and foregoing is a full, true and come: t c_:~n~- ~~1
or r2nealed.
DA~rE D
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Mayor/of the City of Chula V7.sta
pro tem
and that the same has not been amended
Clty Clerk 4r
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11-SD-5
4.3/8.6
11208-086071
Dist.Agree.No.ll-0051
"J" Street, Chula Vista
THIS AGREEMENT, MADE AND ENTERED INTO ON THIS
!~'~'~, DAY OF i~2s-~~e~yx,~~ , 19~,
BY AND BETWEEN
CITY OF CHULA VISTA,
a body politic and a municipal
corporation of the State of
California, hereinafter referred
to as "CITY,"
AND
STATE OF CALIFORNIA,
acting by and through its Business
and Transportation Agency, Depart-
. ment of Public Works, Division of
Highways, hereinafter referred to
as "STATE."
WITNESSETH
WHEREAS, the California Highway Commission on
August 21, 1847, adopted and declared a freeway that portion
of Route 5 between the Mexican Border and 8th Street in
National City; and
WHEREAS, STATE contemplates a project for the
widening of said Route 5 freeway between 0.3 mile South of
Palm Avenue and "E" Street in and near the City of Chula
Vista; and
WHEREAS, CITY by resolution dated August 24, 1965,
requested a new public road connection to the freeway at•"J"
Street in the City of Chula Vista; and
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WHEREAS, the California Highway Commission on
November 17, 1965, passed a resolution authorizing said new
public road connection with the stipulation that CITY pay the
cost of the right of way required for the northbound off-ramp
and southbound on-ramp, hereinafter. ref erred to as the
southerly ramps, and STATE to bear the cost of the inter-
change and the right of way required for the northbound
on-ramp and the southbound off-ramp, hereinafter called the
northerly ramps, and the cost of the crossroad within the
interchange area; and
WHEREAS, a Freeway Agreement dated November 19, 1965,
entered into by and between CITY and STATE provides for the
construction of said northerly ramps as a part of the afore-
said freeway widening project and for the future construction
of said southerly ramps when justified; and
WHEREAS, CITY and STATE agree that sufficient ~usti-
fication now exists for the construction of said southerly
ramps and desire to construct them as apart of the aforesaid
freeway widening project; and
WHEREAS, a portion of the right of way required for
the future construction of the southerly ramps already is
public street right of way under the ,jurisdiction of CITY;
and
WHEREAS, in order to protect the remaining right of
way required for the eventual construction of the future
southerly ramps, STATE did acquire said remaining right of way
as a part of STATE'S right of way acquisitions for said free-
way widening project; and
WHEREAS, CITY and STATE will mutually benefit from
the construction of said southerly ramps as a part of said
freeway widening project and desire to specify herein the
manner in which CITY will reimburse STATE for the cost of
the right of way acquired by STATE for CITY and the manner
in which STATE will construct said southerly ramps.
NOW, THEREFORE, in consideration of the covenants
and conditions herein contained, the parties hereto agree as
follows:
SECTION I
STATE AGREES:
1. To include the construction of said southerly
ramps at "J" Street as a part of the aforesaid freeway
widening pro3ect.
2. To bear all oosts related to the acquisition of
right of way, and the construction of a full interchange at
"J" Street except for those costs specifically stated herein
to be borne by CITY.
SECTION II
CITY AGREES:
1. To pay STATE within 90 days of receipt of billing
therefore (which billing will be forwarded immediately upon
execution of this agreement by CITY and STATE) the amount of
$43,800.00 which is the amount paid by STATE for the right of
way acquired by STATE for said southerly ramps as shown on
the attached EXHIBIT "A" dated September 29, 1969 and by this
reference made a part hereof, and an amount of $1,400.00 which
represents acquisition costs for a total payment to STATE of
$45, 200.00. ~ ~ ~
SECTION III
It is mutually understood and agreed:
1. That fee title to the property described in
Section II, Paragraph 1, shall remain in the State.
2. That obligations of STATE under terms of this
Agreement are subject to the allocation of funds by the California
Highway Commission.
3, That neither STATE nor any officer or employee
thereof shall be responsible for any damage or liability occurring
by reason of anything done or omitted to be done by CITY under or
in connection with any work, authority or jurisdiction delegated
to CITY under this Agreement. It is also understood and agreed
that, pursuant to Government Code Section 895.x+, CITY shall fully
indemnify and hold STATE harmless from any liability imposed for
injury (as defined by Government Code Section 810.8) occurring by
reason of anything done or omitted to be done by CITY under or in
connection with any work, authority or jurisdiction delegated to
CITY under this Agreement.
~.. 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 STATE under or
in connection with any work, authority or jurisdiction not dele-
gated to CITY under this Agreement. It is also understood and
agreed that, pursuant to Government Code Section 895.x+, STATE
shall fully indemnify and hold CITY harmless from any liability
imposed for injury (as defined by Government Code Section 810.8)
occurring by reason of anything done or omitted to be done by
STATE under or in connection with any work, authority or Juris-
diction not delegated to CITY under this Agreement.
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5. That, should any portion of the project be
financed with Federal Funds or State gas tax funds, all appli-
cable procedures and policies relating to the use of such funds
shall apply notwithstanding other provisions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused'
this Agreement to be executed by their respective officers,
duly authorized, the provisions of which Agreement are effective
as of the day, month and year first hereinabove written.
STATE OF CALIFORNIA
Department of Public Works
Division of Highways
J. A. LEGARRA
State;Hig~way Engineer
By
District Engineer
CITY OF CHULA VISTA
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By /'~j~z '~ ~
ayor
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City ~" k
Approved as to Form and Procedure:
C Attorney
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