HomeMy WebLinkAboutC-2548(B) - Major Thoroughfare Agreement (for the San Joaquin Hills Transportation Corridor Agency)-2 44
12-ORA-73-10.05/25.45
In the County of Orange from I-5 (0.1
mile south of Avery Parkway) PM
10.05 to PM 25.45 at Birch Street
(connected to existing SR 73)
MAJOR THOROUGHFARE AGREEMENT
THIS AGREEMENT, made and entered into on this 23 . day of
, 1995, by and between the San Joaquin Hills Transportation
Corrido Agency (herein referred to as "AGENCY"), and the City of Newport
Beach (herein referred to as "CITY"),
WITNESSETH:
WHEREAS, the highway described above has been approved by AGENCY as
a portion of future major thoroughfare intended to become State Highway Route
73; and
WHEREAS, it is the intent of AGENCY that California Department of
Transportation recommend to the California Transportation Commission the
adoption of said major thoroughfare (herein referred to as "Corridor") as the
location of the State Highway; and
WHEREAS, it is further the intent of AGENCY that said adoption be
approved by resolution of the California Transportation Commission; and
WHEREAS, it is further the intent of AGENCY that the California
Department of Transportation assume responsibility for the operation, maintenance
and tort liability for the Corridor, and
WHEREAS, the California Department of Transportation by agreement with
AGENCY, dated November 14, 1988, as amended February 16, 1993, has agreed
to accept ownership of the Corridor after it has been made part of the State
Highway System; and
WHEREAS, the California Department of Transportation desires that it be
assured by executed agreements that all connections and other matters affecting
streets of the CITY are agreed to prior to accepting said ownership and assuming
said responsibility; and
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WHEREAS, a plan map for a portion of the Corridor has been prepared
(EXHIBIT A) showing the proposed plan of AGENCY as it affects streets of the
CITY; and
WHEREAS, CITY and the California Department of Transportation have an
existing freeway agreement covering Route 73 freeway between Irvine city limits
and the Costa Mesa city limits, dated January 24, 1983; and
WHEREAS, it is intended that the existing freeway agreement which covers
the existing Route 73 freeway improvements within CITY remain in place.
NOW, THEREFORE IT IS AGREED:
1. CITY generally agrees and consents to relocation, construction and
reconstruction of CITY streets as shown on the plan map attached hereto marked
Exhibit A, and made part hereof by this reference.
2. AGENCY shall, in construction of the Corridor and at AGENCY's
expense, make such changes affecting CITY streets in accordance with the plans
for the Corridor submitted to and approved by CITY.
3. It is understood between the parties that the right of way may be
acquired in sections or units, and that both as the acquisition of right of way and
the construction of the Corridor, the obligation of AGENCY 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.
4. CITY will accept, after joint inspection by CITY and AGENCY to
assure CITY streets have been constructed in accordance with jointly approved
construction plans and change orders, control and maintenance of each of the
AGENCY relocated, constructed or reconstructed CITY streets upon receipt of
written notice to CITY from AGENCY that the work thereon has been completed,
except for any of the Corridor which is intended by AGENCY to be adopted by
the California Department of Transportation. CITY will accept title to the portions
of such streets lying outside the Corridor limits upon conveyance by AGENCY
following CITY acceptance of control and maintenance.
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5. This Agreement may be modified at any time prior to an adoption action
on the Corridor by the California Transportation Commission by the mutual
consent of the parties hereto, as may become necessary for the best
accomplishment, through AGENCY and CITY cooperation, of the entire Corridor
project for the benefit of the CITY and the State of California.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
be executed by their respective duly authorized officers.
SAN JOAQUIN HILLS
TRANSPORTATION
CORRIDOR AGENCY
(J Qt. Date11
William Woollett, Jr.
Chief Executive Officer
Approved as to Form
Date t
Attorney (AGENCY)
CITY OF NEWPORT BEACH
Attest:
Approved as to Form
By
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orney (CITY)
Date
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CORRIDOR (SJHTC)
ARTERIAL ROADWAYS
BRIDGE STRUCTURES
FUTURE CONSTRUCTION
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