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1960-5817RESOLUTION NO. 5817 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF A PROPOSED FREEWAY AGREE- MENT RELATING TO THAT PORTION OF THE FREE- WAY, STATE ROUTE VII- ORA -r. .3 -ANA, BETWEEN BIXBY AVENUE AND THE SANTA ANA CANYON ROAD, IN THE CITY OF ANAHEIM. WHEREAS, the California Highway Commission did on December 10, 1947, pass a resolution declaring that portion of Route 43 in the County of Orange, between Heim Avenue and the Riverside County Line to be a freeway; and WHEREAS, a plan map for such freeway has heretofore been prepared showing the proposed plan of the State as it affects streets of the City, including provisions for closing City streets, for carrying City streets over or under or to a connection with such freeway, for relocation of City streets and for construction of frontage roads and other local roads; and WHEREAS, the State of California, Department of Public Works, Division of Highways, has submitted a Freeway Agreement to the City of Anaheim to be made and entered into by and between the City and the State of California, Department of Public Works, with reference to the closing of City streets, relocation of City streets, construction of frontage roads and other local roads, and such other construction affecting City streets as will be necessary in the construction of that portion of the freeway between Bixby Avenue and the Santa Ana Canyon Road, all as shown on the plan map attached to said Agreement and marked "Exhibit A and WHEREAS, the City Council finds that it would be for the benefit and best interest of the City to enter into said Agreement with the State of California; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the Freeway Agreement this day submitted to the City Council by the State of California, Department of Public Works, Division of Highways, to be made and entered into by and between the State of California and the City of Anaheim, relating to certain construction and changes affecting City streets to be made by the State in the construction of that portion of the freeway, State Highway Route VII-Ora-43-Ana, between Bixby Avenue and the Santa Ana Canyon Road, all as shown on a plan map attached to said Agreement, marked "Exhibit A the terms and conditions of which Agreement are hereinafter set forth, be and the same is hereby approved. That the terms and conditions of said Freeway Agreement are as follows: 1. The City shall agree 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 a plan map attached to said Agreement, marked "Exhibit A between Bixby Avenue and Santa Ana Canyon Road. 2. The State in the construction of said freeway shall at the State's expense, make such changes affecting City streets in accordance with the said plan map attached to said Agreement or as the same may hereafter be modified by subsequent agreement between the State and the City. 3. The State shall acquire all necessary right of way as may be required for construction of frontage roads and other local roads, and the construction, reconstruction or alteration of City streets, and the City shall authorize the State to acquire in its behalf all such necessary right of way. 14.. The City shall accept control and maintenance over each of the relocated or reconstructed City streets, and the frontage roads and other State constructed local roads on notice to the City Engineer from the State that the work thereon has been completed, except as to any portion thereof which is adopted by the State as a part of the freeway proper,_ and presentation of a separate maintenance agreement delineating in detail the areas and specific portions of the junctions of such relinquished roads with the freeway. The City shall also accept title to the portions of such roads lying outside the freeway limits, upon relinquishment by the State. 5. The grade separations shown on said plan map 'Exhibit A" shall either be underpasses or overpasses as detailed engineer- ing studies may determine will best fit the locality. The right of way may be acquired in sections or units and as to the acquisi- tion of right of way and the construction of the freeway projects, the obligations of the State 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. Said Agreement may be modified at any time by the mutual consent of the State and the City, 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. BE IT FURTHER RESOLVED that the Mayor and City Clerk be, and they are hereby authorized and directed to execute said Free- way Agreement hereinabove mentioned for and on behalf of the City of Anaheim. THE FOREGOIVG RESOLUTION is signed and approved by me this 9th day of February, 1960. Y CLE OF THE CITY OF ANAHEIM -2- STATE OF CALIFORNIA) COUNTY OF ORANGE ss. CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting provided by law of the City Council of the City of Anaheim, held oft the 9th day of February, 1960, by the following vote: AYES: COUNCILMEN: Coons, Fry, Pearson, Thompson and Schutte. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 9th day of February, 1960. IN WITNESStWHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 9th day of February, 1960. (SEAL) city clerk of the City of Anaheim