Attachment 3r.+ . ........ .. . -- - -. -
4- SC1- 85 -P.M. 10.2/12.0
In the Town of Los Gatos
from Bascom Avenue to
Pollard Road
4- SC1- 17 -P.M. 8.9/9.6
In the Town of Los Gatos
from Lark Avenue to the north
town limits near Kilmer Avenue
FREEWAY AGREEMENT
THIS AGREEMENT, made and entered into on this
day of <!?c =c t a „r; € , -^ 19`2; by and
between the STATE OF CALIFORNIA, acting by and through the
Department of Transportation (herein referred to as "STATE "), and
the Town of Los Gatos (herein referred to as "TOWN "),
WITNESSETH:
WHEREAS, the highways described above have been
declared to be freeways by Resolutions of the California Highway
Commission on November 25, 1957, and November 13, 1951; and
WHEREAS, STATE AND TOWN have entered into a Freeway
Agreement dated February 6, 1959, relating to that portion of
State highway Route 85 from Route 17 to Pollard Road and
Supplemental Freeway Agreement dated June 4, 1962, and March 28,
1967, relating to that portion of State Highway Route 85 from
Route 17 to More Avenue; and
WHEREAS, STATE and TOWN have also entered into a
Freeway Agreement dated February 11; 1970, relating to that
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ATTACHMENT 3
portion of State Highway
the town limit near York
WHEREAS, STATE
entered into a Freewav A-
relating to that portion
to Calabazas Creek and a
from Pollard Road to 0.1
WHEREAS, STATE
Route 85 from Winchester Boulevard to
Avenue; and
and the County of Santa Clara have
lreement dated December 29, 1958,
of State Highway Route 85 from Route 101
Freeway Agreement dated July 17, 1967,
mile west of Stelling Road; and
and the County of Santa Clara have also
entered into a Freeway Agreement dated December 14, 1953,
relating to that portion of State Highway Route 17 from 0.5 mile
south of Los Gatos to the south city limits of San Jose near
Redding Street; and
WHEREAS, TOWN has subsequently annexed certain areas
including portions of such freeways covered by said Freeway
Agreements with the County of Santa Clara dated December 29,
1958; July 17, 1967; and December 14, 1953; and
WHEREAS, TOWN adopted Resolution No. 1985 -172 on
December 2, 1985 with the intent of recinding Route 85 Freeway
Agreements between the TOWN and the STATE dated February 6, 1959
and February 11, 1970; and Supplemental Freeway Agreements dated
June 4, 1962 and March 28, 1967; and
WHEREAS, a revised plan map for such freeways has been
prepared showing the proposed plan of the STATE as it affects
streets of the TOWN; and
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WHEREAS, it is the mutual desire of the parties hereto
to enter into a new Freeway Agreement in accordance with the
revised plan of said freeways;
NOW, THEREFORE IT IS AGREED:
1. This Agreement supersedes in their entirety said
Freeway Agreements dated February 6, 1959, February 11, 1970, and
Supplemental Freeway Agreements dated June 4, 1962, and March 28,
1967 and supersedes those portions of said Freeway Agreements
dated December 29, 1958; July 17, 1967; and December 14, 1953, on
Route 85 from Bascom Avenue to Pollard Road and on Route 17 from
Lark Avenue to the north town limits near Kilmer Avenue.
2. TOWN agrees and consents to the closing of TOWN
streets, relocation of TOWN streets, construction of frontage
roads and other local roads, and other construction affecting
TOWN streets, all as shown on said plan map attached hereto
marked Exhibit A and enumerated in Exhibit B, and made a part
hereof by this reference.
3. STATE shall, in construction of the freeway and at
STATE's expense, make such changes affecting TOWN streets in
accordance with the plan map attached hereto marked Exhibit A and
enumerated in Exhibit B. it is understood by both parties that
STATE's obligation to construct the freeway is conditioned upon
execution of cooperative agreements with the Santa Clara County
Traffic Authority specifying construction participation.
4. STATE agrees to acquire all necessary right -of -way
as may be required for construction, reconstruction, or
-3-
alteration of TOWN streets, frontage roads, and other local
roads, and MM hereby authorizes STATE to acquire on its behalf
all such necessary right -of -way. It is understood by both
parties that STATE's obligation to acquire right of way is
conditioned upon execution of cooperative agreements with the
Santa Clara County Traffic Authority specifying right -of -way
participation.
5. It is understood between the parties 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 STATE hereunder shall be
carried out at such time and for such complete unit or units of
the project as funds are budgeted, appropriated and made lawfully
available for such expenditures.
6. It is mutually agreed to impose a maximum gross
truck weight limit of 9,000 pounds on Route 85 from State Highway
Route 280 to State Highway Route 101 in San Jose as provided for
in Section 35722 of the Vehicle Code, and the Santa Clara County
Ordinance No. NS- 703.5.
7. TO1,M will accept control and maintenance over
certain relocated or reconstructed TOWN streets, certain frontage
roads, and other STATE constructed local roads as shown on
Exhibit A and enumerated in Exhibit B, attached hereto and
incorporated by reference herein, on receipt of written notice to
TOWN from STATE that the work thereon has been completed, except
for any portion which is adopted by STATE as a part of the
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freewav proper. TOWN will accept title to the portions of such
roads lying outside the freeway limits, upon relinquishment by
STATE.
8. This Agreement may be modified at any time by the
mutual consent of the parties hereto, as may become necessary for
the best accomplishment, through STATE and TOWN cooperation, of
the whole freeway project for the benefit of the people of the
STATE and of the TOWN
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by their respective duly authorized
officers.
Date:
TOWN OF LOS GATOS
A Municipal Corporation
BY: C2r-
STATE OF CALIFORNIA
Department of Transportation.
ROBERT K. BEST
Director. of Transportation
Date: By:�i �� t
Chief, Office of Project
Planning and Design
APPROVED AS TO FORM:
Date -. 1 k ° � S — � (')
Date:
i
DATE:
By:
M.a J vinger own Attorney)
By:
otor y (Std e
ATTEST,,
_5_ MARIAN V. COSGROVE� '
CLERK OF THE TOWN OF LOS GATOS
LEGEND
FREEWAY AND CONNECTIONS
FRONTAGE ROAD OR OTHER LOCAL ROADS.
MAINTENANCE BY TOWN OF s 03 GATOS
w ROAD CLOSURES AND TERMINUS
CONSTRUCTION AS NECESSARY
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
04- SCI -85 -PM 10.2 TO PM 12.0
04 -SCI- 1 7 -PM 8.9 TO PM 9.6
FREEWAY
IN THE TOWN OF LOS GATOS
ON ROUTE 85 FROM
BASCOM AVENUE TO
POLLARD ROAD
AND
ON ROUTE 1 7 FROM
LARK AVENUE TO
THE NORTH TOWN LIMITS
NEAR KILMER AVENUE
SCALE IN FEET
ncu e eoa zoe
1.
2.
3.
0
i
RECONSTRUCTED TOWN STREETS AND STATE CONSTRUCTED
LOCAL ROADS • ACCEPTED BY THE TOWN
OR CONTROL AND XAXNTENANCE
Wedgewood Avenue Relocated portion from Calle Marguerita
to Pollard Road.
Pollard Road The roadway section, from York Avenue to
Wedgewood Avenue, including the traveled
way, shoulders, curbs, sidewalks, walls_,
drainage installations, lighting
installations, and traffic service
facilities that may be required for the
benefit or control of Pollard Road
traffic.
Winchester Boulevard a. The roadway section, for bridge
approaches, including the traveled
way, shoulders, curbs, sidewalks,
drainage installations, lighting
installations, and traffic service
facilities that may be required for
the benefit or control of Winchester
Boulevard traffic.
b. The STATE will maintain, at STATE
expense, the entire structure below
the deck surface except as
hereinafter provided. The TOWN will
maintain the deck and /or surfacing.
The TOWN will also maintain all
portions of the structure above the
bridge deck, as above specified,
including lighting installations, as
well as all traffic service
facilities (signals, signs, pavement
markings, etc.) that may be required
for the benefit or " control of
Winchester Boulevard traffic.
Pedestrian screens installed will be
maintained by the STATE.
Mozart Avenue Reconstructed cul-de-sac between Oka Road
and Highway 17.
Lark Avenue a. The roadway section for bridge
approaches, including the traveled
way, shoulders, curbs, sidewalks,
drainage installations, lighting
installations, and traffic service
facilities that may be required for
the benefit or control of Lark Avenue
traffic.
b. The STATE will maintain, at STATE's
expense, the entire structure below
the deck surface except as
hereinafter provided. The TOWN will
maintain the deck and /or surfacing.
The TOWN will also maintain all
portions of the structure above the
bridge deck, as above specified,
including lighting installations, as
well as all traffic service
facilities (signals, signs, pavement
markings, etc.) that may be required
for the benefit or control of Lark
Avenue traffic. Pedestrian screens
installed will be maintained by the
STATE.
Bascom Avenue a. The roadway section for bridge
approaches within the Los Gatos
Boulevard TOWN limits, including the
traveled way, shoulders, curbs,
sidewalks, drainage installations,
lighting installations, and traffic
service facilities that may be
required for the benefit or control
of Bascom Avenue /Los Gatos Boulevard
traffic.
b. The STATE will maintain, at STATE
expense, the entire structure below
the deck surface except as
hereinafter provided. The TOWN will
maintain the portion of the deck
and /or surfacing within the TOWN
limits. The TOWN will also maintain
all portions of the structure above
the bridge deck, as above specified,
including lighting installations, as
well as all traffic service
facilities (signals, signs, pavement
markings, etc.) that may be required
for the benefit or control of Bascom
Avenue /Los Gatos Boulevard traffic.
Pedestrians screens installed will
be maintained by the STATE.
7. Oka Road Maintenance of access to Oka Road /Mozart
Avenue neighborhood to be determined at
a future date.
8. Samaritan Drive Relocated portion of Samaritan Drive from
Bascom Avenue to TOWN limits.
9. Mozart Avenue Maintenance of pedestrian overcrossing to
Pedestrian Overcrossing be determined at a future date.
U
The State of California, through its Department of Transportation, has
presented an agreement entitled "Freeway Agreement" which concerns State Highway
Routes 85 and 17 win*Hn the T ^ "w n Gf T n` (-''ce for Route 85 from lay ccm v,! -Ti - to
Pollard Road and for Route 17 from Lark Avenue to the north town limits near Kilmer
Avenue;
said agreement had been modified by the Town Council on March 21,
1989 to make it acceptable to the Town of Los Gatos (Resolution No. 1989 -43); and
29, 1990 (Resolution No. 1990 -113); and
WHEREAS, said agreement had been further modified by the Town Council
September 24, 1990 (Resolution No. 1990 -201); and
the Town Council desires to fiuther modify the previous agreement
which has not been accepted;
RESOLVED, by the Town Council of the Town of Los Gatos that said agreement
attached hereto as amended is hereby approved and the Mayor is directed to sign the same
on behalf of the Town after the Memorandum of Understanding between the Department
of Transportation and Town has been executed and signed by the Mayor. If the
Department of Transportation does not sign the Memorandum of Understanding, the
Freeway Agreement shall be null and void.
C -1 tl l > ®n«m,t \re +b6. fwy
PASSED OP '. meeting of the Town Council of • n
*f Los Gatos California, held on the 15th d:- of October, 99 by h following vote.
�.� ► �
The foregoing instrument is a
correct y of the original
on file in this officm
ATTEST. IAN V: CGSGSROVE
DIRECTOR OF LEGISLATIVE SERVICES
CLERK OF THE TOWN OF LOS GATOS
/E L
BY
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C- 1rj \agr.o t \ret8S. fop 2
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