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HomeMy WebLinkAboutC-2374 - Agreement Allowing Extension of Corona del Mar FreewaySTATE OF CALIFORNIA —RUSI NESS AND TRANSPORTATION AGENCY GEORGE DEUHMEJIAN, Governor DEPARTMENT OF TRANSPORTATION DISTRICT 7, P.O. BOX 2304 LOS ANG ES 90051 Telephone: (213) �20 -3210 O March 9, 1983 Mr. B. Nolan Director of Public Works 3300 Newport Boulevard P. 0. Box 1768 Newport Beach, CA 92663 - 3884 Dear Mr. Nolan: 07- ORA -73 R4.6/R5.8 From 0.3 Mile S of Jamboree Road to 0.2 Mile S of Red Hill Avenue 07209 - 074581 Enclosed is City's copy of fully executed Freeway Agreement covering the Route 73 Freeway between the Irvine City limits and the Newport Beach City limits. The agreement is for your files and record. Sincerely, JA G. BELL, P.E. C i , Project Development Branch B ach. "-e li 07- ORA -73 R4.OJR9.9 In the City of Newport Beach between the Irvine city limit near kacArthut Boulevard and the Newport Beach city limit at Campus Drive FREEWAY AGREEMENT THIS AGREEMENT, made and entered into on this Y -41h day of c%(/nc/Gr y , 19 83 , by and between the STATE OF CALI ?ORNIA, acting by and through the Department of Transportation (herein referred to as "STATE°), and the City of NEWPORT BEACH (herein referred to as 'CITY"), WITNESSETRi WHEREAS, the highway described alcove has been declaredo be a freeway by Resolution of the California Highway Commission on November 27, 14521 and WHEREAS, STATE and CITY have entered into a Freeway Agreement dated October 30, 1966, relating to that portion of State Highway Route 1 from Newport Beach city limit near Suck Gully and Sayside 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 afflicts streets of the CITY1 and WHEREAS, it is the mutual desire of the parties hereta..to enter into a new Freeway Agreement in accordance with the revised Plan of said freeway; f �. � .. � .. :.:' ,. .' ..:r. „. tom?:.:;, c.. .. -.,: 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 ma6`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 CI`T`Y 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 corp24ted, -2- � M except for any portion which is adopted by STATE, as a part 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 Aareement 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 authorized. officers. STATE OF CALIFORNIA Department of Transportation JOHN J. KOZAK Interim Director of Transportation BY: cputy Director APPROVED: Ch" i siori of project' elopment. APPROVED AS TO FORM: ttorney (STATE) -3- THE CITY OF NEWPORT BEACH By =. %�daLJL�� APPROVED AS TO FORM: Attorney ' (CITY) y RESOLUTION NO. 8 3 - 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 day of JAN 2 4 , 1983. -�' /"� zvz' J)ezz& Mayor xar/ r reeway CITY CLERK Of THE Cry CF Nr VPORT BEACH DATESJi./G..... -•r �� 1 I� goy 1 J� 1 . I a b 1 II � a 0 1' ' k y 'I � a Il` 0 ALOLANOJ OA ,�� ; z b rioE c M 1 ML /Nf 04. Q � . a \\ Nsw,00/'f �cacfi Cdy ! /m.. (i�inco Pogo %d Area - L-- . - - -- OAC.Y /O Jf 1 H J'P.fUCF __ AV. 3� \ '4?Li hl / 19 \ c� �o i�r1 X11 � { 1! In�� R O . /L( -AVE. UCF J7. ,gym /f I J ARf•.RJ w�r C. n nap 1 ar r � T rkk 0 ti : • I 0 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 19 , 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: WHEREAS, 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 1 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; E EMI T A 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- 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 authorized officers. STATE OF CALIFORNIA THE CITY OF NEWPORT BEACH Department of Transportation JOHN J. KOZAK By: Interin Director of Transportation By: APPROVERS Chief, Division of Transportation Facilities Design APPROVED AS TO FORM: Attorney (STATE) -3- APPROVED AS TO FORM: Attorney (CITY) CITY OF NEWPORT BEACH January 27, 1983 P.O. BOX 1768, NEWPORT BEACH, CA 92663 -3884 State of California Department of Transportation District 7, P.O. Box 2304 Los Angeles, CA 90051 Attn: R.H. Ramey, Deputy District Director OFFICE OF THE CITY CLERK (714) 640 -2251 Subject: freeway Agreement for Route 73 between the Irvine city limits and the Newport Beach city limits Enclosed are two copies of the subject agreement and 2 certified copies of Resolution 83 -12 which was adopted by the City Council of Newport Beach on January 24, 1983 authorizing the execution of the agreement. Please have executed, and return the City's copy to our office. We will supply the Public Works Department with a photocopy for their files. Sincerely, Wanda E. Andersen City Clerk WEA:Ir cc: Ben Nolan, Public Works Director 3300 Newport Boulevard, Newport Beach 07- ORA -73 R4..0/R4, In the City of Newpo. Beach between the Irvi, city limit near MacArthu. Boulevard and the Newport Beach city limit at }` Campus Drive FREEWAY AGREEMENT THIS AGREEMENT, made and entered into on this day of , 19 , bV 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: WHEREAS, 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 1 from Newport Reach 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; �. _`r 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- except.for any portion which is adopted by STATE as a part 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 authorized officers: STATE OF CALIFOR10i THE CITY OF NEWPORT BEACH Department of Tranportation JOHN J. KOSA!( By: inter inW'Director of Transportation By APPROVED AS TO FORM:' APPROVED: � / tor`ey (CI Y). thief, Division of Transportation Facilities Design APPROVED AS TO FOFM.s Attorney (STATE) Oy^ � 1R r {I I �1 A _ _ � Uninco�po�o,�ed A�B4 r / , 9 4J hf'? r1 � rW �r 4 r ,. v / J, > Pig B G 1\ 1 \O yn^ � o � v / J, > Pig B G 1\ 1 \O I I� l� e J� IAV viEW _,. N, 7 h n,.q ti ti KL /NF OR I 4'0`vpoil Stach City Z./,V,. (/nincoiPoio /Cd "Tea I i ,-t-eal i I I• I I �7 0�9 A 4E0 K/LL AVO. �.IMPUJ I OR C `~0 n ^aQ II r i co co { 09 Zm I Nmt+twm • n O LA A N a� ti i QS • n O LA A N a� ti i t 0 C. ^� w h �. e`"/ 11�J 1J Ip r V or ti V � d o y Ji7 to 'es-,w ;,1 Jet 0 e p, v C h a 4 Ro v�- 6� o� f�� prt a Q r �1 .011 V 4\ O 0 M v. 0 1 t a i • STATE OF CALIFORNIA — BUSINESS AND TRANSPORTATION AGENCY George Deukmejian, Governor DEPARTMENT OF TRANSPORTATION DISTRICT 7, P.O. BOX 2304, LOS ANGELES 90051 Telephone: (213) 620 -2309 January 5, 1983 07- ORA -73 R4.6/R5.8 From 0.3 Mi S of Jamboree Road to 0.2 Mi S of Red Hill Avenue 07209 - 074581 Mr. B. Nolan Director of Public Works 3300 Newport Boulevard Newport Beach, CA 92663 -3884 Dear Mr. Nolan: Enclosed are three copies of a proposed superseding Freeway Agreement covering the Route 73 Freeway between the Irvine city limits and the Newport Beach city limits. C_ " T he Freeway Agreement will supersede in its entirety the existing greement with the City of Newport Beach dated October 30, 1968. he exhibit map reflects a superseding plan of development for he Route 73 Freeway. If this agreement meets with your approval, please arrange for its formal execution by the City Council, and return the original and one signed copy together with two certified copies of the resolution authorizing the execution of the agreement. The State will then complete the execution and will date the first page of the agreement. The third copy of the agreement is for your files pending return to you of the fully executed agreement. Should you require additional information, please contact Mr. F. J. Weidler for my staff on (213) 620 -3210. Sincerely, R. H. RAMEY Deputy District Director Attach. VC.. • • TO: CITY COUNCIL FROM: Public Works Department 40 January 24, 1983 CITY COUNCIL AGENDA ITEM NO. SUBJECT: CORONA DEL MAR FREEWAY -- REVISED FREEWAY AGREEMENT JAN 2A 1983 By the CITY COUNCIL RECOMMENDATION: CITY OF NEWPORT BEACH Adopt a resolution approving a revised agreement with the State of California, Department of Transportation, covering the Route 73 (Corona del Mar) Freeway; and authorizing the Mayor and the City Clerk to execute the agreement. DISCUSSION: The proposed construction of the Route 73 (Corona del Mar) Freeway within the City was originally covered by a freeway agreement dated October 30, 1968 between the City and the State. Subsequent to that time the previously planned Coastal Freeway has been deleted, and planning and designs for the Corona del Mar Freeway have been significantly altered. The original freeway agreement is thus no longer appropriate, and a new agreement is necessary to allow the currently planned construction of the freeway. By letter dated January 5, 1983, Caltrans has transmitted the proposed new agreement to the City for consideration. Section 422 of the City Charter, adopted by referendum in April 1971, provides that a freeway agreement may only be entered into by the City pursuant to a vote of the electorate. On November 4, 1980, an election was held on the question of authorizing a revised Corona del Mar Freeway agreement, with the re- s uIts being 27,242 votes in favor and 4,195 votes opposed. A copy of the new agreement is attached for Council members, and a copy of the Caltrans drawing showing the configuration of the facility is also attached for reference. The agreement provides for the following: 1. The existing agreement dated October 30, 1968 is superseded and cancelled entirely; the new agreement thus becomes the only agreement covering any freeway construction within the City. • 2. The limits of work covered by the agreement extend from the northwesterly City limit line along Campus Drive at Bristol Street to the easterly city limit line between Jamboree Road and MacArthur Boulevard. (The project construction limits ex- tend from the present terminus northwesterly of Campus Drive to a connection with MacArthur Boulevard at San Diego Creek in the City of Irvine.) 0 January 24, 1983 Subject: Corona del Mar Freeway -- Revised Freeway Agreement Page 2 3. Frontage road and City street construction related to the freeway project are as shown on the exhibit. This con- struction is to be done at State expense. 4. The City will accept control and maintenance over the re- located or reconstructed City streets and frontage roads, except for portions which are part of the freeway proper, upon completion of the work. The current schedule for the project provides for advertising for bids in December 1983 or January 1984, with award of the construction contract in March or April, 1984. Completion of construction should take approxi- mately 12 to 2 years. Caltrans is attempting to accelerate the schedule, and feels it may be possible to advance the above dates by a few months. The Caltrans staff has indicated that execution of the revised freeway agreement will be help- ful in procedures for acquisition of the remaining rights -of -way. However, the extensive utilities relocation work needed preparatory to the project makes it unlikely that the construction date can be significantly advanced. Benjamin B. Nolan Public Works Director Att: • • • E Ll STATE OF CALIFORNIA - BUSINESS AND TRANSPORTATION AGENCY George Deukmejian, Governor DEPARTMENT OF TRANSPORTATION DISTRICT 7, P.O. BOX 2304, LOS ANGELES 90051 -s Telephone: (213) 620 -2309 is January 5, 1983 07- ORA -73 R4.6/R5.8 From 0.3 Mi S of Jamboree Road to 0.2 Mi S of Red Hill Avenue 07209 - 074581 Mr. B. Nolan Director of Public Works 3300 Newport Boulevard Newport Beach, CA 92663 -3884 Dear Mr. Nolan: Enclosed are three copies of a proposed superseding Freeway • Agreement covering the Route 73 Freeway between the Irvine city limits and the Newport Beach city limits. The Freeway Agreement will supersede in its entirety the existing agreement with the City of Newport Beach dated October 30, 1968. The exhibit map reflects a superseding plan of development for the Route 73 Freeway. If this agreement meets with your approval, please arrange for its formal execution by the City Council, and return the original and one signed copy together with two certified copies of the resolution authorizing the execution of the agreement. The State will then complete the execution and will date the first page of the agreement. The third copy of the agreement is for your files pending return to you of the fully executed agreement. Should you require additional information, please contact Mr. F. J. Weidler for my staff on (213) 620 -3210. Sincerely, R. H. RAMEY Deputy District Director Attach. ,F1,opF 1 • • • 0 0 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 19 , 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: WHEREAS, 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 1 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; 0 0 NOW, THEREFORE, IT IS AGREED: 1. This Agreement suL.arsec:es 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- 0 except for any portion which is adopted by STATE as a part 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 authorized officers. • STATE OF CALIFORNIA Department of Transportation JOHN J. KOZAK Interin Director of Transportation By: APPROVED: Chief, Division of Transportation Facilities Design APPROVED AS TO FORM: • Attorney (STATE) -3- THE CITY OF NEWPORT BEACH By: APPROVED AS TO FORM: Attorney (CITY) 1 u h Q o o b• � � i Ox ►� Q �, O w b ►, e 0� a _ C JD f� f Q1 IA��tf V wrn+ tr +,rrr r o° v W C v �• �s si w v� 4 ore ;f �i� i/ C. ►o ash �e,• 6a 1�� of �a ,oa�oiosioouiu� s) - Ft • ryo a, �F o� o, 4 o° v W C v �• �s si w v� 4 ore ;f �i� i/ C. ►o ash �e,• 6a 1�� of �a ,oa�oiosioouiu� s) - Ft • ryo a, �F o� o,