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HomeMy WebLinkAbout83-12 - Corona del Mar Freeway Construction of Extension-374 RESOLUTION NO. 83 -12 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF • NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT TO ALLOW FOR THE; CONSTRUCTION OF THE EXTENSION OF THE CORONA DEL MAR FREEWAY WHEREAS, the State of California and the City of Newport Beach entered into a Freeway Agreement, dated October 30, 1968, relating to the completion of the Corona del Mar freeway; and WHEREAS, a revised Plan for such freeway has been prepared; and WHEREAS, on November 4, 1980, pursuant to provisions of the Charter of the City of Newport Beach, a ballot measure authorizing the City Council to enter into a revised Freeway Agreement, was submitted to a vote of the electorate of the City of Newport Beach and was approved by an overwhelming majority of those voting; and WHEREAS, it is the mutual desire of the parties to enter into a revised Freeway Agreement to allow for construction of the Corona del Mar freeway, a copy of which Agreement is attached to this Resolution as Exhibit "A ". NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the Mayor and City Clerk of the City of Newport Beach are hereby authorized to execute said Freeway Agreement. ADOPTED this 24th day of January , 1983. RSP /Freeway 07- ORA -73 R4.0/R4.9 In the City of Newport Beach between the Irvine city limit near MacArthur Boulevard and the Newport Beach city limit at Campus Drive FREEWAY AGREEMENT THIS AGREEMENT, made and entered into on this day-of X= 19—t by and between the STATE OF CALIFORNIA, -- acting by and through the Department of Transportation (herein referred to as "STATE "), and the City of NEWPORT BEACH (herein referred to as "CITY "), WITNESSETH. WBEREAS, the highway described above has been declared to be a freeway by Resolution of the California Highway Commission on November 27, 1962; and WHEREAS, STATE and CITY have entered into a Freeway Agreement dated October 30, 1968, relating to that portion of state Highway Route l from Newport Beach city limit. near Buck Gully and Bayside Drive, and Route 73 from Route 1 Freeway and the Newport Beach city limit at Campus Drive; 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 enter into a new Freeway Agreement in accordance with the revised plan of said freeway; EXPTA • NOW, THEREFORE, IT IS AGREED: 1. This Agreement supersedes in its entirety said Freeway Agreement dated October 30, 1968. 2. CITY agrees and consents to the closing of CITY streets, relocation of CITY streets, construction of frontage roads and other local roads, and other construction affecting CITY streets, all as shown' on said 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 roads, and CITY hereby authorizes STATE to acquire in 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 project 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, the frontage roads, and other STATE constructed local roads on receipt of written notice to CITY from STATE that the work thereon has been completed, -2- c except for any portion which is adopted by STATE as apart of the freeway proper. CITY will also accept title to the portions of such roads 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 Agreement to be executed by their respective duly aut- horized officers. STATE OF CALIFORNIA THE CITY OF NEWPORT BEACH Department of Transportation JOHN J. KOZAR By: Interin Director of Transportation By: APPROVED AS TO FORM: APPROVED: Attorney (CITY) Chief, Division of Transportation Facilities Design APPROVED AS TO FORM: Attorney (STATE) -13- ( Al 'T 14 w o O 41 C) L. LE i4 Li Ilk tire OV N 2�va o W r� o�ry LVjorosiowiu/I ' -7 6jiJ y�o>g ��ednr>N l� l i I e I o�ry LVjorosiowiu/I ' -7 6jiJ y�o>g ��ednr>N l� l 4 a! , � 0 V 0 II , I 1 I e I � �i. I 4 a! , � 0 V 0 II , I