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HomeMy WebLinkAboutRESOLUTIONS - 03021993 - 93-90 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on March 2, 1993 by the following vote: AYES: Supervisors Powers, Smith, Bishop, McPeak and Torlakson NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.93/90 SUBJECT: FREEWAY AGREEMENT WITH THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION FOR THE STATE ROUTE 4 WILLOW PASS GRADE LOWERING AND BAILEY ROAD INTERCHANGE PROJECTS. Project No's.: 4660-6X4110 (Willow Pass Grade Lowering) 4660-6X4159 (Bailey Road Interchange) RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA APPROVING FREEWAY AGREEMENT. WHEREAS, the State of California, through its Department of Transportation, has presented an agreement entitled "Freeway Agreement" which concerns State Highway Route 4 within the County of Contra Costa from 0.2 mile west of Willow Pass Road in Concord to the city limits of Pittsburg near Loftus Road; and WHEREAS, the Board of Supervisors has considered said Agreement in full and is familiar with the contents thereof. THEREFORE, be it resolved by the Board of Supervisors of the County of Contra Costa that said Agreement be and the same is hereby approved and the Chairman of the Board is directed to sign the same on behalf of the County. I hereby certify tnat this is a true and correct copy j' an action taken and enteitd on the minutes of me Board of Supe�yig�rs on the date hown. ATTESTED: PHIL BATCHELOR,Clerk of the Board of Supervisors and unty Administrator By ..deputy Orig. Dept.: Public Works (TE) cc: Maryam Babaki, Caltrans Paul Maxwell, CCTA Jim Tausey, BARTD RVF:pe a:\BO\Res WPGL 2.t3 RESOLUTION NO. 93/90 04-CC-4-PM 16. 7/20. 9 In the County of Contra Costa from 0.2 mile west of Willow Pass Road to the city limits of Pittsburg near Loftus. Road 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 County of Contra Costa (herein referred to as "COUNTY" ) , WITNESSETH: WHEREAS, the highway described above has been declared to be a freeway by Resolutions of the California Highway Commission on March 18, 1948, April 18, 1946, and January 26, 1949; and WHEREAS, STATE and COUNTY have entered into a Freeway Agreement dated March 16, 1964, relating to that portion of State Highway Route 4 from Port Chicago Road to 0 . 4 mile west of Railroad Avenue; and WHEREAS, STATE and COUNTY have also entered into a Freeway Agreement dated August 14, 7.973 , relating to that portion of State Highway Route 4 from 0. 1 mile west of Pacheco Boulevard to 0. 6 mile east of Port Chicago Highway East; and WHEREAS, STATE and COUNTY have also entered into a Freeway Agreement dated December 17 , 1991, relating to that portion of State Highway Route 4 from 0. 2 mile west of Willow Pass Road to 0. 5 mile west of Bailey Road; and -1- WHEREAS, a revised plan map for such freeway has been prepared showing the proposed plan of STATE as it affects roads of the COUNTY; 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; NOW, THEREFORE IT IS AGREED: 1. This Agreement supersedes said Freeway Agreement dated December 17, 1991, in its entirety and supersedes those portions of said Freeway Agreements dated March 16, 1964, and August 14, 1973 , from 0. 2 mile west of Willow Pass Road to the city limits of Pittsburg near Loftus Road. 2 . COUNTY agrees and consents to the closing of COUNTY roads, relocation of COUNTY roads, construction of frontage roads and other local roads, and other construction affecting COUNTY roads, 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 COUNTY roads in accordance with the plan map attached hereto marked Exhibit A. It is understood by both parties that STATE' s obligations to construct the freeway is conditioned upon execution of cooperative agreements with the Contra Costa Transportation Authority and the Bay Area Rapid Transit District specifying construction participation. 4. With the approval of STATE, COUNTY agrees to acquire all necessary right of way as may be required for construction, -2- reconstruction, or alteration of COUNTY roads, frontage roads, and other local roads. COUNTY further agrees to acquire all necessary right of way as may be require for construction of the freeway, and STATE hereby authorizes COUNTY to acquire the freeway right of way in STATE' s behalf, and agrees to accept title to the same, upon conveyance by COUNTY. It is understood by both parties that STATE' s obligation to accept title to right of way is conditioned upon execution of cooperative agreements with the Contra Costa Transportation Authority and the Bay Area Rapid Transit District specifying right of way participation. 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 projects as funds are budgeted and made lawfully available for such expenditures . 6. COUNTY will accept control and maintenance over each of the relocated or reconstructed COUNTY roads, and the frontage roads, and other STATE constructed local roads on receipt of written notice to COUNTY from STATE that the work thereon has been completed, except for any portion which is adopted by STATE as a part of the freeway proper. STATE will accept title to the portions of such roads lying within the freeway limits, upon conveyance by COUNTY. -3- 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 COUNTY cooperation, of the whole freeway project for the benefit of the people of the STATE and of the COUNTY. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers. STATE OF CALIFORNIA THE COUNTY OF CONTRA COSTA Department of Transportation JAMES W. VAN LOBEN SELS Director of Transportation �an By / . Chairman of the Board of Supervisors By Chief, Office of Project ATTEST: Planning and Design PHIL BACHELOR, Clerk of the Board of Supervisors and County Administrator APPROVED AS TO FORM: By "-2tu L LC Deputy Attorney, (State) APPROVED AS TO FORM: VICTOR J. WESTMAM, Counsel By jw""" Deputy Couny C unse -4- RESOLUTION NO. _ RESOLUTION OF THE BOARD OF SUPERVISORS OF THE &COUNTY OF CONTRA COSTA APPROVING FREEWAY AGREEMENT BETWEEN THE COUNTY OF CONTRA COSTA AND THE STATE OF CALIFORNIA WHEREAS, the State of California, through its Department of Transportation, has presented an agreement entitled "Freeway Agreement" which concerns State Highway Route 4 within the County of Contra Costa from 0.2 mile west of Willow Pass Road to the city limits of Pittsburg near Loftus Road; and WHEREAS, the Board of Supervisors has considered said agreement in full and is familiar with the contents thereof; and THEREFORE, be it resolved by the Board of Supervisors of the County that said Agreement be and the same is hereby approved and the Chairman of the Board is directed to sign the same on behalf of the County. ADOPTED THIS , _ day of _ }'](ar�� 1993 By Dry( `O�i'.�kSOK Chairman of the Board of Supervisors Attest: I hereby certify that the foregoing resolution was duly and regularly passed by the Board of Supervisors of the County of Contra Costa at a regular meeting held 1993 ne NATY Clerk -5-