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1968-0701_CALIF DIVISION OF HIGHWAYS_Freeway Agreement1 07 -Ora -5 6.6/12.2 Hetween the San Juan Capistrano 2 city limit near Route 1 and the San Juan Capistrano city limit 3 0.7 mile north of Trabuco Creek 4 5 FRRRWAY AGRXMUM 6 THIS AGREEN Mmade and entered into in duplicate on 7 /, this day or , 19�; by and between the STATS OF � '048 A F actin 'b and through the Department of Public Works C LI QR1tIA, ng y g p , 9 Division of Highways, hereinafter for convenience referred to as 10 the "STATS" and the City of San Juan Capistrano, hereinafter it for convenience referred to as the "CITY", 12 WITNESSSTH: 13 WHSRSAS, the California Highway Commission on December 18, 14 1952, passed a resolution declaring that portion of Route 5 and is Route 1 in the City of San Clemente and the County of Orange, 16 on Route 5 between Miguel Road and the San Diego County Line 17 and on Route 1 between Serra Junction and Route 5 to be a 18 freeway, and 19 WHSRFAS, the State and the City of San Juan Capistrano 20 have heretofore entered into a freeway agreement dated Septem- 21 ber 22, 1965, covering the Route 5 Freeway, Road 07 -Ora -5 22 6.6/12.2 between the San Juan Capistrano city limit near Route 1 23 and the San Juan Capistrano city limit 0.7 mile north of Trabuco 24 Creek, and 25 WHSRSAS, subsequent to entering into said freeway agree - 26 ment dated September 22, 1965, the State and the City have mu - 27 tually agreed to certain revisions of plan, and 28 WHIMS, a plan map for such freeway has heretfore been 29 30 prepared showing the proposed plan of the State as it affects 31 streets of the City, including provisions for closing city - 1 - 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 streets, for carrying city streets over or under or to a con- nection with such freeway, for relocation of city streets, for construction of frontages roads end other local roads, and it is the mutual desire of the parties hereto to enter into a new freeway agreement in accordance with the re- vised plan of said freeway, NOW, TURVORS, IT IS AGM=t 1. This agreement supersedes in its entirety said freeway agreement dated September 22, 1965. 2. The City agrees and consents to the closing of city atrsete, relocation of city streets, construction of frontage roads and other local roads, and other construction affecting city streets, all as shown on said plan map attached hereto marked Nxhtbit H between the San Juan Capistrano city limit near Route 1 and the San Juan Capistrano city limit 0.7 mile north of Trabuoo Creek and made a part hereof by this reference. 3. The State in the construction of said freeway will, at the State's expense, make such changes affesting eity streets in accordance with the said plan msp attached hereto or as the same may hereafter be modified by subsequent agreement between the parties hereto, except that at Camino Las Ramblas the con- struotion coat In the amount equal to the normal construction cost which would be required for the local roadway if the free- way was not in existence shall be borne by the City and the County of Orange. The State may, at the State's expense, in- stall signs, signals and other traffic -control devices at appropriate locations to be determined by the State in order to regulate, warn or guide traffic upon the highways. 4. The State agrees to acquire all necessary right of -2- 1 III I 2 way as may be required for construction of frontage 3 roads and other local roads, and the construction, re - 4 construction or alteration of city streets, and the 5 City hereby authorizes the State to acquire in its be - 6 half all such necessary right of way, except that the 7 cost of right of way required to construct connections 8 of Camino Las Ramblas to the freeways will be borne by 9 the City and the County of Orange. 10 5. The City will accept control and maintenance over 11 each of the relocatedcr reconstructed city streets and 12 the frontage roads and other State constructed local 13 roads on notice to the City Engineer from the State that 14 the work thereon has been completed, except as to any 15 11 portion thereof which is adopted by the State as a part 16 of the freeway proper. The City will also accept title 17 to the portions of such roads lying y ng outside the freeway 18 limits, upon relinquishment by the State. 19 6. The grade separations shown on plan map Exhibit B 20 will either be underpasses or overpasses as detailed en - 21 gineering studies may determine will best fit the locality. 22 It is understood between the parties that the right of way 23 may be acquired in sections or units and that, both as to 24 the acquisition of right of way and the construction of 25 the freeway projects, the obligations of State hereunder 26 shall be carried out at such time and for such unit or 27 units of the project as funds are budgeted and made law - 28 fully available for such expenditures. 29 7. This agreement may be modified at any time by the 30 mutual consent of the parties hereto, as may become neces- 31 sary for the best accomplishment through State and City -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 f cooperation of the whole freeway project for the benefit of the people of the State and of the City. IN WIT M3 WHEREOF$ the parties hereunto have set their hands and seals the day above first written. iy P' APPROVED AS TO FORA: -4- State of California Department of Public Works SAMUEL B. NELSON Director of Public Works UGH E- LHOLLAND Deputy irector JIJL "1 1968 THE CITY OF SAN JUAN C. A muncipal corporation