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2014/06/05 State of California Department of Transportation I215 Keller to McLaughlin Maintenance Routing and Transmittal Slip Date: 6-23-14 To: Emad Makar, Project Manager Remarks: Department of Transportation Approved at CC on 6-4 464 West 4`h Street, 6'" Floor San Bernardino, CA 92401-1400 Description: Freeway Agreement—State Hwy 215 between Keller Road & McLaughlin Action: Sent out for signatures STATE OF CALIFORNIA—CALIFORNIA STATE TRANSPORTATION AGENCY FDNUJN1)G BROWN Jr.,Go,eauw DEPARTMENT OF TRANSPORTATION �� p� DISTRICT City Of IV erifGe p._.. AGREEMENTS(MS 1229) 464 WEST 4TB STREET, 6TB FLOOR MAY 0 6 2014 SAN BERNARDINO,CA 92401-1400 Serious drought. PHONE(909)383-4068 Received Help save water, FAX(909)383-6938 May 5, 2014 Mr. Jonathan Smith 08-RIV-215-PM R14.5/R22.3 City Engineer and Director of Public works In the City of Menifee City of Menifee On Route 15 29714 Hann Road From Keller Rd to McLaughlin Rd Menifee, CA 92586 EFIS 0800000301 EA OJ440 Dear Mr. Smith: Enclosed for execution by the City of Menifee(City) are two (2) original Freeway Agreements, for the above-referenced project. Please have the appropriate parties for the City sign and return all original Freeway Agreements with two original notarized Resolutions from the board, signed and stamped approving the agreement and authorizing the execution of the agreement by June 5,2014. The City's Resolution for execution of the Freeway Agreement shall include statement that the Public Hearing Provisions in section 100.22 of Street and Highway Code have been complied with If applicable,provide two original City Clerk's Certificate,signed and stamped. Please leave the effective date blank. The effective date will be the date HQ Chief Design Engineer signs the agreement. After the agreement is fully executed, we will return one (1) original for your records. If you need more information,please contact me at(909) 383-4068. i c ely, y . DENISE CRAIG �n r Office Chief Agreements Enclosures I c: Emad Makar/Project Management <— V "Provide a safe,sustainable, inte and e i lent transportation system to enhance California's economy and livability" 08-RIV-215-PM R14.5/R22.3 In the City of Menifee On Route 215 From Keller Rd to McLaughlin Rd FREEWAY AGREEMENT THIS AGREEMENT, made and entered into on this day of , 20_, by and between the STATE OF CALIFORNIA acting by and through the Department of Transportation(herein referred to as "STATE"), and the City of Menifee (herein referred to as "CITY"), WITNESSETH: WHEREAS, the highway described above has been declared to be a freeway by Resolution of the California Transportation Commission on January 18, 1950 and February 14, 1951; and WHEREAS, STATE and County of Riverside have entered into a Freeway Agreement dated November 19, 1974 relating to the portion of State Highway Route 215 between junction Route 15 (71) and Ethanac Road ; and WHEREAS, STATE and City of Murrieta have entered into a Freeway Agreement dated July 7, 2009 relating to the portion of State Highway Route 215 from Route 15/Route 215 junction to Scott road ; and WHEREAS, CITY has subsequently annexed certain areas including portions of such freeway covered by said Freeway Agreement dated November 19, 1974 with the County of Riverside; and WHEREAS, CITY has subsequently annexed certain areas including portions of such freeway covered by said Freeway Agreement dated July 7, 2009 with the City of Murrieta; and WHEREAS, a plan map for such freeway has been prepared showing the proposed plan of the STATE as it affects streets of the CITY; and 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 freeway; NOW, THEREFORE, IT IS AGREED: 1. This Agreement supersedes that portion of said Freeway Agreement, dated November 19, 1974 from Scott Road to McLaughlin Road and that portion of said Freeway Agreement, j dated July 7, 2009 from Keller Road to Scott Road. 1 of 3 08-RIV-215-PM R14.5/R22.3 In the City of Menifee On Route 215 From Keller Rd to McLaughlin Rd 2. CITY agrees and consents to the closing of CITY roads, relocation of CITY roads, construction of frontage roads and other local roads, and other construction affecting CITY roads, all as shown on the plan map attached hereto, marked Exhibit A, and made a part hereof by reference. 3. The obligations of STATE and CITY with respect to the funding and construction of the freeway project will always be dealt with in separate Cooperative Agreement(s) between the parties, and any amendments thereto, or Encroachment Permits issued to CITY. The parties responsible for the construction of the freeway shall make any changes affecting CITY roads only in accordance with the plan map attached hereto, marked Exhibit A. 4. The obligations of STATE and CITY with respect to the acquisition of the rights of way required for the construction, reconstruction, or alteration of the freeway and CITY roads, frontage roads, and other local roads will always be dealt with in separate Cooperative Agreement(s) between the parties, and any amendments thereto or Encroachment Permits issued to CITY. 5. It is understood between the parties that the rights 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 project, the obligations of STATE and CITY hereunder shall be carried out at such time and for such snit or units of the project as finds are budgeted and made lawfully available for such expenditures. 6. CITY will accept control and maintenance over each of the relocated or reconstructed CITY roads, any frontage roads, and other local roads constructed as part of the project, on receipt of written confirmation that the work thereon has been completed, except for any portion which is adopted by STATE as a part of the freeway proper. If acquired by STATE, CITY will accept title to the portions of such roads lying outside the freeway limits upon relinquishment by STATE. 7. This Agreement may be modified at any time by the mutual consent of the parties hereto, as needed to best accomplish, through STATE and CITY cooperation, the completion of the whole freeway project for the benefit of the people of the STATE and of the CITY. 2 of 3 08-RIV-215-PM R14.5/R22.3 In the City of Menifee On Route 215 From Keller Rd to McLaughlin Rd IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by their respective duly authorized officers. STATE OF CALIFORNIA CITY OF MENIFEE Department of Transportation MALCOLM DOUGHERTY, Director Department of Transportation By By TIMOTHY CRAGGS Chief Design Engineer APPROVED AS TO FORM: APPROVED AS TO FORM: AttorneyState(State) Ad(orney (City) 3 of 3 Scott A.Mann Mayor Wallace W.Edgerton Deputy Mayor John V.Denver STATE OF CALIFORNIA ) Councilmember COUNTY OF RIVERSIDE ) ss CITY OF MENIFEE ) Thomas Fuhrman Counciimember Greg August I, Kathyennett, City Clerk of the City of Menifee, do hereby certify that the Councilmember Y Y Y Y y foregoing is a true and correct copy of Item 11.1, Approve Freeway Agreement between the State of California and City of Menifee to Identify Jurisdictional Boundaries of State Highway Route 215 between Keller Rd. and McLaughlin Rd. due to City's Incorporation, of the June 4, 2014 Agenda of the City Council and that the item was approved on a unanimous roll call vote of the Council. Kathy Bennett, City Clerk Dated: ca o& 29714 Haun Road Menifee,CA 92586 Phone 951.672.67777 Fax 951.6793843 w .cityofinenifee.us