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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 -1- 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 -2- 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 -4- 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 - -. f C- 1rj \agr.o t \ret8S. fop 2 THIS PAGE INTENTIONALLY LEFT BLANK