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HomeMy WebLinkAboutCC RESO 10,588RESOLUTION NO. 10,588 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND DIVISION OF HIGHWAYS, STATE OF CALIFORNIA BE IT RESOLVED by the City Council of the City of National City that the Mayor and City Clerk are authorized to execute and attest that certain agreement covering par- ticipation by the City and State in the acquisition of right of way for the purpose of constructing the connecting road- ways between the Interstate Route 5 Interchange and Tidelands Avenue. PASSED AND ADOPTED this 7th day of March, 1972. ATTEST: r ORIGINAL THIS AGREEMENT IS HEREBY MADE AND ENTERED INTO THIS DAY OF , 1972 i3Y AND BETWEEN AND 11-SD-5,54 8.6-10.1; 0.0-1.9 11208-046521 Dist. Agree. No. 11-0103 The CITY OF NATIONAL CITY, a body politic and a municipal corporation of the State of California, hereinafter re- ferred to as "CITY" The STATE OF CALIFORNIA, acting by and through its Business and Transportation Agency, Department of Public Works, Division of Highways, hereinafter referred to as "STATE" W I T N E S S E T H: WHEREAS, The United States Government, in cooperation with STATE, has undertaken the design and construction of a flood control channel known as the Sweetwater River Flood Control Channel between Interstate Route 805 and San Diegb Bay, and WHEREAS, a portion of the proposed flood control channel is along the alignment adopted by the California Highway Commis- sion for construction of State Route 54 Freeway, including interchanges with Interstate Routes 5 and 805, and WHEREAS, the San Diego Unified Port District, hereinafter re- ferred to as "PORT DISTRICT" contemplates construction of Tidelands Avenue west of and parallel to Interstate Route 5, to serve the needs of PORT DISTRICT, and WHEREAS, in cooperation with STATE and PORT DISTRICT; the Cities of Chula Vista and National City contemplate construc- tion of roadways extending westerly from the Interstate Route 5 interchange to connect to Tidelands Avenue, and WHEREAS, the extension of the aforesaid roadways would serve future industrial and recreational traffic needs, and WHEREAS, PORT DISTRICT and the Cities of Chula Vista and National City have respectively by formal resolution requested STATE to construct the portion of Tidelands Avenue crossing the channel and the connecting roadways between the Interstate Route 5 interchange and Tidelands Avenue, all of which work shall collectively be referred to hereinafter as "PROJECT", and WHEREAS, right of way required for construction of PROJECT involves parcels under the same ownership as parcels being acquired by STATE for construction of the flood control channel, and it is to the mutual advantage of CITY and STATE that acquisi- tion of right of way for PROJECT be accomplished by STATE, and WHEREAS, the relocation of utilities for PROJECT involves the same facilities as those which STATE will require to be relocated 2 as a result of construction of the flood control channel, and it is to the mutual advantage of CITY and STATE that all such re- location of utilities be accomplished by STATE, and WHEREAS, it is the purpose of this Agreement to set forth the terms, conditions and manner in. which STATE will acquire rights of way and relocate utilities for CITY and the manner in which CITY will reimburse STATE for costs incurred by STATE in the acquisition of lands and the relocation of utilities required for PROJECT: NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. DEFINITIONS: Whenever the following words are used in this Agreement, they shall be defined as follows: a. "PROJECT rights of way" shall mean lands and rights or interests, including access rights, in lands to be acquired as necessary to construct PROJECT'S roadways and appurtenant facilities. The area within which right of way is to be acquired, ex- clusive of the Sweetwater River Flood Control Channel right'of way, is shown on the map attached. hereto as Exhibit "A" dated January 3, 1972 and by ' this reference made a part of this Agreement. b. "PROJECT rights -of -way cost" shall mean all the costs of land and improvements on said land which is re- quired for the PROJECT rights of way and shall include 3 severance damages and incidental costs. Said in- cidental costs shall include but not be limited to direct cost of employee salaries and expenses, indirect overhead cost, fees for independent appraisals, other applicable fees, attorneys, title reports, title insurance, preparation of deeds and agreements, filing, reporters, court recording, printing and all other incidental costs directly attributable to right-of-way acquisi- tion for both highway purposes and PROJECT rights of way. c. "PROJECT utility relocation" shall mean the removal, and permanent reinstallation of exist- ing water, gas, power, telephone, sewer lines, fuel products line, drainage and irrigation facilities affected by PROJECT as well as the establishment and removal of temporary facilities to provide service during permanent relocation, if such work is required. 2. STATE agrees to acquire all necessary "PROJECT rights of way" as may be required for said construction of PROJECT and CITY hereby authorizes STATE to acquire in its behalf all such necessary "PROJECT rights of way". 3. STATE'S standard right-of-way acquisition and condemnation practices shall be utilized. - 4 4. CITY agrees that all rights, title and interest in and to properties acquired by STATE for 'PROJECT rights of way" pur- suant to terms and conditions set forth in this Agreement for which STATE deems it necessary to retain Access Control, shall remain vested in the name of STATE. Said Limits of Access shall be' those as delineated on Exhibit ''A". The remainder of said properties shall be conveyed with fee title to CITY following completion of construction of PROJECT by STATE. 5. CITY agrees to bear the entire "PROJECT rights of way cost" and to deposit upon receipt of STATE'S demand, the sum of $350,000.00 representing CITY'S estimated share of said costs. Said deposit will not be required prior to March 1, 1972, but shall be required prior to any expenditure by STATE on behalf of CITY. The actual amount of CITY'S share will be the actual cost of the land, improvements and all acquisition costs attributable to the rights of way acquired at CITY'S expense as shown on said Exhibit "A". In the event that the actual cost exceeds said deposit, CITY will pay the difference between the amount of said deposit and the actual cost. In the event that the actual cost is less than said deposit, STATE will refund the difference between the actu41 cost and the amount of the deposit by CITY. 6. STATE shall keep complete and accurate records of ''PROJECT rights of way costs" for PROJECT and agrees to furnish CITY an itemized accounting of CITY'S final share of said costs. CITY'S - 5 final share of "incidental costs" as defined in Paragraph 1(b) above, shall be a fixed sum of $4,249.00 plus CITY'S share of the actual costs for each parcel, which are directly attributable to condemnation and resulting court procedures if such should be required. CITY'S share of said condemnation and court costs, if incurred, shall be determined on a percentage basis to be applied against actual costs for acquiring the parcels noted below at the rate indicated: Parcel number Percent 17368 25 17373 33 1/3 17371 33 1/3 17370 33 1/3 7. STATE agrees to make all necessary arrangements for "PROJECT utility relocation" of public or private utilities which would conflict with construction of PROJECT. 8. CITY agrees to bear the full costs of removal and/or relocation of the aforesaid utility facilities. STATE will arrange for billing of ,said costs directly to CITY by the affected Utility Company. 9. That the provisions of this AGREEMENT and its execution, shall not be effective or binding upon CITY unless other Agreements as listed below, which are considered essential - 6 - to completion of PROJECT, are duly executed by STATE with the referenced Agencies: AGENCY TYPE OF AGREEINT San Diego Unified Port District Right of Way and Utility Chula Vista Right of Way and Utility 10. That obligations of STATE under terms of this Agreement are subject to the allocation of funds by the California Highway Commission. 11. That neither STATE nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully indemnify and hold STATE harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason 'of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. 12. That neither CITY nor any officer or employee thereof, is responsible for any damage or liability occuring by reason of anything done or omitted to be done by STATE under or in con- nection with any work, authority or jurisdiction not delegated to CITY under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, STATE shall fully indemnify and hold CITY harmless from any liability im- posed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or juris- diction not delegated to CITY under this Agreement. 13. That, should any portion of the project be financed with Federal Funds or State Gas Tax Funds, all applicable pro- cedures and policies relating to the use of such funds shall apply notwithstanding other provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officer, duly authorized, the provisions of which Agreement are effective as of the day, month and year first hereinabove written. STATE OF CALIFORNIA Department of Public Works Division of Highways R. J. DATEL State Highway Engineer By District Engineer CITY OF NATIONAL CITY By t At test :- 0.ty Clerk Approved as to Form Attorney Procedure:. - 8 w f w EE Port of San Diego Unified Port District R/W \i 11 1 I I i-i .1TTT Limits of Access Co,trol )L IIIIII /./ r-„ FCC R/W-1 v••• ��i0.• • •k NATIONAL CITY R/ a CITY OF NATIONAL CITY SWEETWATER FLOOD CONTROL CHANNEL CITY OF CHULA VISTA z i FCC R/WJ Port of San Diego Unified Port District R/W Limit of Access Contro / c rff( 'ice1 CITY OF CHULA VISTA 13/W w �\ C a CO CCS E p w 0 cn 0 w 0 U w OLa Cl) LIMITS OF RESPONSIBILITY NATIONAL CITY PORT DISTRICT CHULA VISTA ROADWAY CONSTRUCTION BRIDGE CONSTRUCTION >�yd :**2 AT8 SF C L U EXHIBIT "A" ROUTE 54 WESTERLY EXTENSION JAN 341372 SCALE, i = 200