HomeMy WebLinkAboutState of California, Department of Transportation - Agreement - 04.20.2306 - FRE - 99 — PM 21.5/31.6
In the City of Fresno
on Route 99 from El Dorado Street
to the Fresno -Madera County Line
FREEWAY AGREEMENT
THIS AGREEMENT, made and entered into on this 20th day of April
20 23 , by and between the STATE OF CALIFORNIA acting by
and through the Department of Transportation (herein- referred to as "STATE"), and the
City of Fresno (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 July 20, 1944; May 19, 1949; and
August 21, 1956; and
WHEREAS, STATE and CITY have entered into a Freeway Agreement dated June 6,
2013, relating to that portion of State Highway Route 99 from El Dorado Street to 0.9 miles
south of Herndon Avenue; and
WHEREAS, STATE and CITY have entered into a Freeway Agreement dated October 3,
2013, relating to that portion of State Highway Route 99 from 0.3 mile north of West Shaw
Avenue to 0.9 mile south of Herndon Avenue; 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;
NOW, THEREFORE, IT IS AGREED:
1. This Agreement supersedes in its entirety said Freeway Agreements dated June 6,
2013.
2. This Agreement supersedes in its entirety said Freeway Agreements dated October
3, 2013.
3. 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 the plan map attached hereto marked Exhibit A and
made a part hereof by this reference.
4. The obligations of STATE and CITY with respect to the funding and construction
of the freeway project will always be dealt with in separate Cooperative Agreement(s)
between the parties dated, and any amendments thereto, or Encroachment Permits issued
to CITY. The parties responsible for shall make any changes affecting CITY streets only
in accordance with the plan map attached hereto, marked Exhibit A.
06 - FRE - 99 — PM 21.5/29.5
In the City of Fresno
on Route 99 from El Dorado Street
to 0.9 Mile South of Herndon Avenue
5. The obligations of STATE and CITY with respect to the acquisition of rights of
way required for the construction, reconstruction, or alteration of the freeway and CITY
streets, frontage roads, and other local roads will always be dealt with in separate
Cooperative Agreement(s) between the parties dated, and any amendments thereto, or
Encroachment Permits issued to CITY.
6. It is understood between the parties that the rights 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.
7. CITY will accept control and maintenance over each of the relocated or
reconstructed CITY streets, and 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, except for any portion which is adopted by STATE as a part of the freeway
proper. CITY will accept title to the portions of such roads lying outside the freeway limits
upon relinquishment by STATE.
8. 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
TONY TAVARES
Director of Transportation
By
DIANA GOMEZ
District 6 Director
A E RM:
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Attorney (State}
THE CITY OF FRESNO
By
S OTT MOZIER or
Public Works Director
APPROVED AS TO FORM:
7 .G Z3
A ey (City)
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