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64-772RESOLUTION NO. 64R- 772 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF PROPOSED AGREEMENT NO. 1516, ENTITLED "AGREEMENT LA PALMA AVENUE FROM SUNKIST STREET TO WHITE STAR AVENUE," TO BE ENTERED INTO BETWEEN THE COUNTY OF ORANGE, CITY OF ANAHEIM AND STATE OF CALIFORNIA, WITH REFERENCE TO A PORTION OF THE RIVERSIDE FREEWAY. WHEREAS, the State of California, acting by and through its Department of Public Works, Division of Highways, contemplates the construction of a portion of the Riverside Freeway, State Highway Route 91, in Orange County on existing alignment easterly from vicinity of Placentia Avenue to the Newport Freeway, State Route 55; and WHEREAS, on January 16, 1962 the Board of Supervisors of the County of Orange by resolution requested the State to provide an overcrossing of the Riverside Freeway at La Palma Avenue in conformance with the Orange County Master Plan of Highways; and WHEREAS, the Freeway Agreement entered into between the County and State on October 23, 1962 requires that an over- crossing be constructed at La Palma Avenue; and WHEREAS, the State has agreed to assume responsi- bility for construction of the La Palma Avenue Overcrossing and approaches; and WHEREAS, the County has agreed to assume responsi- bility for rights of way necessary for the La Palma Avenue approaches; and WHEREAS, in the interest of economy the County has requested the State to acquire rights of way for the La Palma Avenue approaches and to perform the construction of Blue Gum Street, of La Palma Avenue between Blue Gum Street and White Star Avenue, and reconstruct La Palma Avenue between Sunkist Street and Chantilly Street, construct a La Palma Frontage Road in the Vicinity of Rio Vista Street, and reconstruct Rio Vista Street between La Palma Frontage Road and Anaheim City Limit Line, said construction being indicated on a plan entitled 'Exhibit A" attached to and made a part of a proposed agreement numbered 1516, entitled 'Agreement La Palma Avenue from Sunkist Street to White Star Avenue, and this day submitted to the City Council to be made and entered into between the County of Orange, City of Anaheim and State of California; and WHEREAS, the State will require for freeway purposes property outlined in red on a map entitled "Exhibit B," attached to and made a part of the agreement above referred to, and the County will require for construction the property outlined in brown on said map; and WHEREAS, the areas outlined in red and brown are to be acquired out of single property holdings, and in the interests of economy it is the desire of the County that the State acquire the areas outlined in red and brown on said Exhibit "B and WHEREAS, it is in the best public interest that the State perform said construction and acquire the additional property therefor upon condition that the County pay the cost thereof; and WHEREAS, in the event the City of Anaheim annexes all or a portion of the area covering the right of way to be acquired by the State in behalf of the County prior to the date for advertising of the project by the State, or prior to recordation of deed to State, or prior to the exercise of order of possession by the State, whichever date comes first, has agreed to assume responsibility for the cost of all or or it3 proportional part of the right of way as set forth in said agreement hereinabove mentioned and to pay the County for said costs; and WHEREAS, in the event the City annexes all or a portion of the area covering the construction as heretofore referred to, prior to the date of advertising of the project by the State for said freeway project, the City has agreed to assume responsibility for all, or it3 proportional part, of the cost of construction and utility adjustments as set forth in said agreement above mentioned, and to pay the County for said costs. in addition to paying the County for said costs, the City has agreed to assume responsibility for control and maintenance of all or of its proportional part of the County's portion as defined in Section IV of the agreement hereinbefore mentioned and this day submitted to the City Council for approval; and WHEREAS, the City Council does find that said proposed Agreement No. 1516, entitled "Agreement La Palma Avenue from Sunkist Street to White Star Avenue," and this day submitted to the City to be made and entered into by and between the County of Orange, City of Anaheim and State of California, would be for the benefit and best interest of the City and should, therefore, be approved NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the proposed agreement this day sub- mitted to the City Council to be made and entered into by and between the County of Orange, City of Anaheim and State of California, numbered 1516 and entitled "Agreement La Palma Avenue from Sunkist Street to White Star Avenue," providing for the acquisition by the State of certain rights of way for the County, for the performance of certain construction work by the State for the County in the area covered by said agree- ment, and for the payment therefor by the County, and for the assumption by the City of all or its proportional part of the costs of the rights of way and construction and for payment thereof to the County, in the event the City annexes all or a portion of the area covered by the project, all as more particu- larly set forth in said agreement and as indicated on the exhibits attached thereto, be and the same is hereby approved. -2- BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized to execute said agreement for and on behalf of the City of Anaheim. THE FOREGOING RESOLUTION is approved and signed by me this 20th day of October, 1964. ATTEST: DENE M. WILLIAMS, CITY CLERK N=0 DEPUTY CITY CLERK OF THE CITY OF ANAHEIM (SEAL) DENE M. WILLIAMS, CITY CLERK ITY OF ANAHEIM 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 passed and adopted at a regular meeting of the City Council held on the 20th day of October, 1964, by the following vote of the members thereof: AYES: COUNCILMEN: Pebley, Dutton, Schutte, Krein and Chandler 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 20th day of October, 1964. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 20th day of October, 1964. CITY CLERK OF THE CITY OF ANAHEIM