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HomeMy WebLinkAbout82-018RESO~t~~ION No,82-~,18 1 2 3 4 5 6 7' 8 9 10 l~. ~.2 13 14 15 16 ~7 , 18 ~' 19 ~a 21 22 2~ 24 ~ 2~ RESO~,U'~~pN OF TH~ ~OA['~b OF S~JPERV~50RS OF ~HE COL~IT'Y OF ~UTTE APPROV~NG AGREF~i~1T REGAi',D~~TG A FR~EWAY 4N RQAD 03~BV~-99 BE'T~IEEN ~.4 MIL~ SOi7'~~T OF' '~HE EAST ~'ORK OF RQ~~R'~S CREER ANT? TT~E CYTY LIIKIT Q~' CHTCO A1'PROXIMAT~L'Y 0.3 MILE SOI~TH OF THE sxYw.~X ov~~c~ass~~c ~ WHEREAS, a revised agreement, ~as been presented covering the cons~ruc~ion and mazn~enance of a freesaay on Road 03-BUT--99 ~et-*aee~ 0.4~ mile south of the Eas~ Fork o~ Rol~erts Cx~eek and the Ci.ty Li.mi~ of Chico ap~roxi- mate~y 0.3 mil.e south of ~he Skyway Overc~ossing; NOW, ~'HEREFORE, BE IT RESOLVE~ ~haC ~he Board af Supe~-visors of th.e Gouz~~y v£ $utte h~:xeby approves ~he at~ached above-en~~~Ied agree~usnt be~wesn the Conn~y o~ Butte and S~a~e of Cal.ifarnia (Department o~.T~anspor~ation) and he~e'by au~harizes the CY~a~.~an o~ this Soard to execu~ee same oz~ behalf of the Coun~y of But~e. PASS~~7 ANn AbOPTED by the. Board a~ Su~ervisors of the County of 2f,t~ 3anuary' But~e, Stat~. of Ca3.ifornia, this day.o~ , I9$2, hy the follo~uring va~e: - - • AYES • Su~e~v~.9ors Do~az~., ~inseley, 5araceni an~ C:hairman y~eelex N'aES : ~one ABSEN'~.: None NOT VDTING: ~or~e n, ~oard of Supez-~rzso~s o~ Butte, Sta~e of Cali,fo~nia ATT~ST: C1.ark Nel on, Countp Clerk C ~. erk/D eputy ~~--~~ ~#~~I~fG INS"~'~111vI~N~' ~S. A ~4RREC'~ .~~~` ~ TH~ pft~ 1k~A1. ON ~lL~ AND OF R~CbRD !N THIS O~~FlC~. ATTEST: - - - ~----~-~--~--,- ~. t 9_d m. ~ CGl~N7Y C1ERK hTID LEP,K OF TFiE SUPERIOR Cr A dv A p~} cO~ CpUR7 AND _E%•OFFfClO CL£RK pF T31E GOAr1i) Lt'~~ ~'~' ~~x'~ OF SUPERVf50R5 133 AiSS FCR THE' CDl7N'f'! UT7~~ 5FA7E OF CALIPUitNiA. By - . Dopufy I ' , ~ ~XUIE~~T ~q'. ____ ,~o / ICY IN TN -~~. CO~JNTY 4~ BUTTc F'ROM 0.4 MI LE SOUTH OF YHE EAST FC~~ QF ROBERTS CRE~K TO THE CjTY LEMIT 0~ CHICO AP~~OXIMATELY 0.~ MlLE SOEJTH OF THE SKYWAY ~VERCROSS~NG. SCAIE 1N FEE7 ' O 5~0 I,000 2,000 \ r~ ~~' IL ~ . " , 03-But-99-~ 0/3~.3 From ~.4 Mi. S. of ~.h.e East Fork of Roberts Creek to the Ci~y Limit of Chico Approxima.~ely 0. 3 M~.. S, of . tha Skyway Overcrossing FREEWAY AGREEMENT . THIS AGREEMENT, made and entered in~o on this 26th day of ~~'anuary _, 1982, by and between the STATE DF CALIFQRNiA, acting by and through. the D~partment of T~ansporta~~.on (here~n refex~ed to as "STATE"), and the County of Bu~te (h~rein referred to as "COUNTY"}, WITNESSE~'H: WI~REAS, the highwa3r described abvve has been declared to be a freeway by Resoluta.on of the California Transpo~tation Cammisszon on Apri1 I8, ~95~.; and WI-~REAS, STATE and COUNTY have entered into a Freeway Ag~eement dated October 2b, 1971, re~.a~~.ng to that portion of State Highway Route 99 f~om 0.4 mile south of the East Fork of Roberts Creek to the ci.ty limi~ of~Chico, approximately ~,3 mi~.e sou~.h of the Skyway Ove~crossing, and WHEREAS , a revised. plar~ map for such freeway has been prepared showing the proposed pl.an af the STATE a.s i~ affec~s raads of the COUNTY; and WHEREAS ,~.t is the mutua~. desize of the pa~ti,es hereto to enter in-~o a new Freeway Agreement in accordance wi~h the revised p~an of said freeway; NOW, THEREFORE, TT I.S AGREED: 1. This Agr~emEnt supersedes in its enti~ety said Freeway Agreement dated Octoiaer 2b , ].971, 2. COUNTY agre~s and co~.sen ~s to the closing of COUNTY roads, relocation of COUNZ`Y roads, cons~z~a.cta~on of frontaga roads ,. - ~ . ~ .~ -2- and o~her loca~ roads, and other construction affec-~ing CDUNTY roads, a1Z as shawn. on said plan map a~tached he~eto ma.rk~d Exhibit A and made a part hereof by ~.his ~eference. 3. STATE sha.11, ~n constr~c~ion of the freeway and a-~ STATE'S expense, make such changes affecting COUNTY roads i.n accordance w~.th the plan map at-~ached hereto marke~ Exh~bit A. 4. STATE agrees to acquize a1Z necessary ~ight af way as may be required for construct~.on, reconstruc~ion, o~ a~tera~~on of COUNTY roads, f~ontage rvads, and other local roads, and C0~3NTY hereby au~.hor~zes STATE ~o acqu~.re in its beha~f a~~. such necessary right af way. 5. ~t is ur~derstood between the partzes that the r~.ght of way may be acquired in sections or -~nits, and.that bo th as to the acquis~.tion of ~ight of way and ~he constnzction of the freeway proj~cts, the ob3.igation of STATE hereu.n.der sha~2 be ca~r~.ed out at sv.ch time and for such unit or uni~s of the p~oject as funds aze budgeted and made lawful~y availab~.e far such expenditures. b. COUNTY raill accept control. and maintenance over each of the relocat~d or reconstructed COUNTY roads, a-~.d -~he fron.tag~ roads, and othez STATE constr~cted Zoca3. roads on receipt of written notice to COUNTY from STATE that the work thereon has been compl.eted, except for any portion which is adop~ed by STATE as a par~ of ~he freeway proper. COUNTY wi.ll. accept title ~o th~ port~ons of such roads ~.ya.ng outside the freeway ~imits, upon. re~inqui.shment by STATE. -3- 7. This Agreemen~ may be modified at any time by ~he mu.tual consent of the parti.es hereto, as may become necessary for the best accompl.ishment, through STATE and COUNZ`Y coopera-- tion, of the wha~e fzeeway pro~ect for ~he benef~.t of the peop~.e of the STATE and of ~he COUNTY. IN WITNESS WHEREOF, ~he part~.es her~to ha.ve caused this Agreement to be executed by the~.r respective duly authorized officers. STATE OF CALZFORNIA Depaxtmen~ of Transportation Adriana Gia.~t~rco Director of Transportation By . APPROVED: Ch~ef, D~.vision of Transpor~ati.on Faci~.ities Design f ~-. ~ i ~ / ,~ . " - ~ ~.~ ,: ;=~ 1-r%:;c,~',~;% I"_. 1 ~'-~~~`-.. Attoxn.ey (County APPRO~TED AS TO FORM: A-~-~orney S ~ate THE C4tTNTY OF BUTTE By STATE UF CALIFORNIA---7RANSPORTATION[ AGENCY EdMfJND G. BROWN JR., Governor DEPARTM~NT OF TRANSPORTAT~ON DISTRICT 3 P.O. BOX 911, MARYSVILLE 95401 Tel.epha~e {916? 674-4270 Aprii 26, 1982 .. . .. - .m ~~,.% ` ,~ ~ ': C) f~. .., .F,.~ ` ~, r~ i ~`~ `l~E .~ ~,~~l~~~.~~a~,"~`r-~r~ ~'~`~~~~ ~~ 03-Bu~-99 25.0/3a.3 Freeway Agreemen~ Board o~ St~pervisors County of Butte 7 County Cen,ter Dr~.ve Oroville, California 95965 Dea~ Board Members: Attached ~or your file is one fu~.l.y executed Freeway Agree~ent cover~.ng that port~.on a~ But-99 from 0.4 mile south of ~he East Fork of Rober~s Creek ~o the City l~.mit of Ghica, approximately 0.3 mi].e so~.th o~ the Skyway Overcrassing. This Agreement al~.aws the construction af a temporary publ~.c road approach at South Gate Lan~ (Peterson Tractor). Thank you and your staf~ for ~he cooperation in the development of ~.has Agreemex~t. Very truly yours, .~n:-J~n.~,., LEO J. TROMBATORE Distr~.ct Director of Transportation At~.ch. cc Clay Cast].~berry ~ o3=But-95-25.0/30.3 From 0.4 Mi. S. of the . East Fork of Robe~ts Creek , ~o ~he C i~y L imi t of Chico • Approxima~ely p.3 Mi. S. of the Skyway Overcrossing FREEWAY AGREEMENT TH~S AGREEMENT, made and ente~ed in~o on th~.s 7hth day of .~an , I982, by and between the STATE QF CAL~FORNIA, aeting by and through the Department of Tra.n.spar-~atior~. (her.ein referred to as "STATE" ), and the Co~an.ty af Butte {herein referred. ta as "COUNTY" ), WITNESSETH: WHEREAS, the highway describ~d above has been d~clared to be a freeway by Resolution of ~h~ California Transportat~.on .Commzssa~on on April 18, Z95~; and WHEREAS, STATE and COUNTY have entered into a F~eeway Agreemeri~ dated Oc~obe~ 2b, ~.971, re~.ating to that por~io~.3 of State Highway Rou~e 99 fram 0.4 mi~e south of ~he East Fork of Rober-~s Creek ~a the ci~y ~.imi~ of Ghico, approximate~.y 0.3 m~le sou~h of the Sk~rway Overcrossing, and . WHEREAS, a revised pZan map for such freeway has been. prepared showing the proposed p~an of the STATE as xt affec~s roads of ~he CQUNTY; and WHEREAS,--it is the mu~ual desire of the pazties hereto to enter into a new Fre~way Agreement in accordanc~ wifh the revised plan of said freeway; NOW, THEREFORE, ZT ~S AGREED: ~. This Agree~uen.t supersedes in its ez~.~i.~ety sa~.d Freeway Agreemen~ dated October 25, 1971. 2. COUNTY ag~ees and consents to the closing of COUNTY roads, relocata.on of COUNTY roads, cons~ruction of~frontage raads -- 2- and other loca~ roads, and other construc~i.vn affecting COUNTY roads, al~. as shown on said plan map attached ~, hereto marked Exhibi~ A and made a part hereof by th~.s ref ex~enc e . ~ ~ 3. STATE sha.~~, ~n cons~ruction of the f~eaway and at STATE'S expense, make such changes affecting COUNTY rQads in. accordance wi~h the pla.n map attached hereto marked Exhzbit A. 4. STATE agrees ~o acquire a1.~ necessary r~ght of way as may be ~ required for cons~ruct~on, recons~truction, or altera~ion of COUNTY roads, fzantage roads, and o~her ~oca~. ~oads, and COUNTY hereby authorizes STATE -~a acquire ~,n i.ts, behalf all such necessary right of way. . S. It is u~rderstood between the parties thafi the r~ght of way may be acqui~ed in sections or ~n.~ts, and. -~ha.t bo-~h as ~to ~he acq~zisi~ion of right of way and the constructio~. of the freeway p~o,~ects, ~he obligation of STATE hereunde~ sha.l~ be ca~zied ou~ at such time and for s~.ch unit or ~.nits of the project as funds a~~ b~.dgeted and made ~.awful.7.y avai~.ab~e fo~ such expend~t~.res. b. COUNTY will accep~. con,tro~ ax~d ma~.ntenance over each of the reloca~ed or recanstruc~ed COUNTY roads, and ~he frontage raads, and other STATE const~.c~ed local roads on rec~ipt of wrifiten nQ~ice to COIJNZ`Y frora. STATE that ~he work thereon has been completed, except for any portion wh~ch is adop~ed by STATE as a par~ of the freeway proper. COUNTY wx3.1. accept tit~.e to the portions of such roads lying outside the freeway I~mits, upon relinquzshm~nt by STATE. ~ _~_ 7. ~ Thi.s AgreemEnt may be modif ~ed at an.y time by the mutual l . . consent of the parties her~to, as may become necessary for ~he best accomplish~mant, through STA'I'E and COUNTY coope~a- tion, of the whole freeway pro j ec~ for the benefi-~ af the people of ~he STATE an.d of ~he COUNTY. IN WITNESS WHEREOF, the partzes herefiv have caused .thzs Agreement ta be executed by their respec~ive du1.y authorized off~cers. . STATE OF CALIFORN~A Depa~t-nz~nt of Transportation Adri~~Giantu~co ROVED AS TO FaRM: A arn ~ate . . L - Facilifies Desigr~. APPRO'il'ED AS TO FORM: THE C~UNTY OF SUTTE By ~ .