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64-072Dir of Public Works Engineer Acctg Officer RESOLUTION NO. 64R- 72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF A PROPOSED AGREEMENT WITH THE STATE OF CALIFORNIA, RELATING TO CERTAIN PORTIONS OF THE FREEWAY, STATE ROUTE VII-ORA- 174-ANA, BETWEEN THE FULLERTON-ANAHEIM CITY LIMIT AT HOUSTON STREET AND THE ANAHEIM-ORANGE CITY LIMIT NEAR STATE COLLEGE BOULEVARD. WHEREAS, the California Highway Commission on October 28, 1939, passed a resolution declaring that portion of Route 174 in the City of Santa Ana and the County of Orange between the Los Angeles-Orange County Line and Anaheim (Euclid Avenue), and be- tween the City of Anaheim (Vermont Avenue) and Main Street in Santa Ana to be a freeway; and on December 19, 1940, passed a resolution declaring that portion of Route 174 in the City of Anaheim and the County of Orange between Euclid Avenue and West Vermont Avenue (Vermont Avenue) to be a freeway; and WHEREAS, the State of California and the City of Anaheim have heretofore entered into a freeway agreement dated April 29, 1941 covering the Santa Ana Freeway, Road VII-Ora-174-Ana, between Euclid Avenue and Vermont Avenue; and have heretofore entered into a supplemental freeway agreement dated August 22, 1955 cover- ing the Santa Ana Freeway, Road VII-Ora-174-Ana, for the portions between the Anaheim city limits at Houston Street and the Anaheim city limits at Vermont Avenue; and WHEREAS, the State of California and the County of Orange have heretofore entered into a freeway agreement dated October 27, 1953, covering the Santa Ana Freeway, Road VII-Ora-174-A, between the Anaheim city limits at Vermont Avenue and Flower Street, and have heretofore entered into a freeway agreement dated August 2, 1955, covering the Santa Ana Freeway, Road VII-Ora-174-A, for the portions between the Buena Park city limits at Dale Street and the Anaheim city limits near Westmont Drive; and WHEREAS, subsequent to entering into said freeway agree- ments dated April 29, 1941, October 27, 1953, August 22, 1955, and August 2, 1955, the State and the City have mutually agreed to certain revisions of plan; 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, it is the mutual desire of the State and the City to enter into a new freeway agreement in accordance with the revised plan of said freeway; and WHEREAS, the State of California, Department of Public Works, Division of Highways, has submitted a new freeway agree- ment to the City of Anaheim to be made and entered into by and -1- between the City and the State of California, Department of Public Works, in accordance with the revised plan of said free- way, which agreement the City Council finds would be for the benefit and best interest of the City and the traveling public and should be approved. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the new freeway agreement this day submitted to the City Council to be made and entered into by and between the State of California, Department of Public Works, and the City of Anaheim, relating to certain changes and con- struction, to be done by the State, affecting City streets between the Fullerton-Anaheim city limit at Houston Street and the Anaheim-Orange city limit near State College Boulevard, 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: · That said agreement supersedes said freeway agreements between the State and the City of Anaheim dated April 29, 1941, and August 22, 1955, in their entireties; that portion of said freeway agreement between the State and the County of Orange, dated October 27, 1953, between the limits, Anaheim city limits at Vermont Avenue and State College Boulevard (Placentia Avenue); and that portion of said freeway agreement between the State and the County of Orange, dated August 2, 1955, between the limits, Catalpa Avenue and Westmont Drive. 2. That the 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 a plan map. attached to said agreement marked "Exhibit C" between the Fullerton-Anaheim city limit at Houston Street and the Anaheim-Orange city limit near State College Boulevard and made a part thereof by reference. 3. That the State in the construction of said freeway will, 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 be modified by subsequent agreement between the State and the City. · That the State agrees to 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 authorizes the State to acquire in its behalf all such necessary right of way. -2- · That the 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 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. The City will also accept title to the portions of such roads lying out- side the freeway limits, upon relinquishment by the State. , That the grade separations shown on said plan map Exhibit C will either be underpasses or over- passes as detailed engineering studies may determine will best fit the locality. That it shall be understood between the State and the City 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 the State shall be carried out at such time and for such unit or units of the project as funds ar~ budgeted and made lawfully available for such expenditures. · That 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 accomplish- ment through State and City cooperation o~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 to sign said agreement for and on behalf of the City of Anaheim. ATTEST: THE FOREGOING RESOLUTION is approved and signed by me this 4t.h day of F..ebruary, 1964. -3- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) s s. CITY OF ANAHEIM ) I, DENE M. WILLIAN[~, Ci±¥ Clerk of the City of Anaheim, do hereby certify thai the foregoing Resolution No. 64R-72 was intro- duced and adopted at a regular meetin9 provided by law, of the City Council of the City of Anaheim, held on the 4th day of February, 1964, by the ~ollowin9 vote of the members thereof: AYES: NOES: COUNCILMEN: Dutton, Chandler~ Schutte Krein and Coons COUNCILMEN: None ABSENT: COUNCILN[EN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 64R-72 on the 4th day of February, 1964. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim~ this 4th day of February, 1964. (SEAL)