06-Fre-41-KP 53.6/53.8 (PM 33.3/33.4)
Bridge #42-0112 on SR 41
EA 06-45310
District Agreement No. 06-1367
RELINQUISHMENT AGREEMENT
THIS AGREEMENT. ENTERED INTO EFFECTIVE ON ~ !>/ 2007.is betweentheSTATE OF CALIFORNIA, acting by and through its Department of ransportatlOn,referred to herem as "STATE", and the
CITY OF FRESNO, a body politic and a
municipal corporation of the State of California,
referred to herein as "CITY".
RECITALS
1. STATE and CITY, pursuant to Streets and Highways Code sections 73 and 130, are authorized to enter into a Cooperative Agreement in order to relinquish to CITY a portion of a state highway within CITY's jurisdiction.
2. STATE intends to relinquish to CITY a portion of Bridge # 42-0112 (BRIDGE) located on State Route (SR) 41, referred to hereinafter as "RELINQUISHED FACILITIES", as shown in Exhibit A, attached to and made a part of this Agreement. The CITY!Madera County line is located on BRIDGE therefore, only that portion of BRIDGE lying within CITY limits, between PM 33.3/33.4, will be relinquished to CITY upon completion of seismic retrofit, scour repair work and rail replacement to be performed by STATE in accordance with current Standards, approval by California Transportation Commission (CTC) of a Resolution of Relinquishment and STATE's recording of said Resolution in the County Recorder's Office.
3. STATE and CITY have agreed that, with the sole exception of seismic retrofit, rail and scour work on BRIDGE, said portion of SR 41 is in a good state of repair and STATE will continue to maintain the proposed RELINQUISHED FACILITIES in a state of good repair until the dates of said relinquishment.
4. STATE and CITY agree that RELINQUISHED FACILITIES shall be re-evaluated to confirm that all portions included in this Relinquishment Agreement are in a state of good repair, as defined in Section 27 of the Streets and Highway Code, upon completion of the STATE's repair work identified in Article 1 of this Section II of this Agreement and prior to acceptance of ownership by CITY in writing of RELINQUISHED FACILITIES.
5. The parties hereto intend to define herein the terms and conditions under which relinquishment is to be accomplished.
District Agreement No.: 06-1367
SECTION I
CITY AGREES:
1. That STATE will submit to CTC for Resolutions of Relinquishment of RELINQUISHED FACILITIES upon completion and acceptance in writing by the CITY of STATE's seismic retrofit, rail and scour project.
2. Execution of this Agreement constitutes CITY's waiver of STATE's obligation to provide ninety (90) days prior notice of STATE's "Intention to Relinquish" as set forth in section 73 of the Streets and Highways Code.
3. To accept ownership, including all of STATE's current obligations, rights, title and interest in RELINQUISHED FACILITIES, upon completion and acceptance in writing of STATE's seismic retrofit, rail replacement and scour repair project on BRIDGE and recordation of the CTC's Resolution of Relinquishment in the County Recorder's Office and to thereafter operate, maintain, and be liable for RELINQUISHED FACILITIES at no additional cost to STATE.
SECTION II
STATE AGREES:
1. To perform seismic retrofit, scour repair and rail replacement on BRIDGE. Relinquishment of BRIDGE to CITY shall be subject to completion of all repair work and acceptance in writing by CITY, which shall not be unreasonably delayed by CITY.
2. To submit to CTC for Resolutions of Relinquishment of RELINQUISHED FACILITIES upon completion of STATE's seismic retrofit, rail and scour repair project.
3. To relinquish RELINQUISHED FACILITIES upon the approval of the CTC's Resolution of Relinquishment.
4. To transfer to CITY, within sixty (60) days of the recordation of the CTC's Resolution of Relinquishment, copies of all available STATE records and files for RELINQUISHED FACILITIES, including, but not limited to, plans, survey data and right of way information and reports related to the seismic retrofit, scour survey and repair and bridge railing replacement reports.
2 District Agreement No.: 06-1367
SECTION III
IT IS MUTUALLY AGREED:
1. All obligations of STATE for seismic retrofit, scour repair and rail replacement work on bridge under the terms of this Agreement are subject to the appropriation of resources by the Legislature, State Budget Act authority, and the allocation of funds by the California Transportation Commission (CTC).
2. RELINQUISHED FACILITIES may be recaptured by STATE for a future transportation project at no cost to STATE and CITY agrees to reconvey property when so requested.
3. Neither STATE nor any officer or employee thereof is responsible for any injury, 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 conferred to CITY and arising under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and its officers and employees from any and all claims, suits, or actions of every name, kind and description brought forth under, including, but not limited to, tortuous, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement.
4. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction conferred by STATE and arising under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and its officers and employees from any and all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortuous, contractual, inverse condemnation and other theories or assertions of occurring by reason of anything done or omitted to be done by STATE under this Agreement.
5. No alteration of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto.
6. This Agreement shall terminate upon recordation of the CTC's Resolution of Relinquishment for RELINQUISHED FACILITIES in the County Recorder's Office, or on June 30, 2012, whichever is earlier in time except for those provisions which relate to a indemnification, ownership, property recapture, operation, and maintenance, which shall remain in effect until terminated or modified in writing by mutual agreement. 3 STATE OF CALIFORNIA
Department of Transportation
WILL KEMPTON
Director
By:
Approved as to form and procedure:
Attorney
Department of Transportation
Certified as to procedure:
District Agreement No.: 06-1367
CITY OF FRESNO
By: -
-U.jeJ'Iflp.lKinot SC6t+ N\o~t~
City EngineerJ :rV\1"~V" I \IV\
Attest:.
Deputy
Approved as to form:
By:
Deputy City Attorney L.., (.t..
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THE STATE LANDS COtAlISSION HAS DESIGNATED THE SANJOAQU'N RivER AS NAVIGABLE AND HAS LOCATED THE "LOWWATERLINES". THE STATE
ASSERTS FEE OWNERSHIP BETWEEN THE LOW WATER LINES AS LOCATED ON BOTH SIDES OF THE RIVER. BY CALIFORNIA CIVIL COOE (SEC. 830), THE LOW WATER LINE IS THE PROPERTY LINE OF THE uPLAND OWNER.
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STATE 0: CAl (FORNIA
STATE LANDS COtAlI SS ION
THESE MAPS ARE ON FILE IN THE OFF ICES OF MADERA AND FRESNO COUNTIES.
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-LEGEND -
NOTES!
STATE'S RICHTS ARE NOT EXTINculSHED UNTIL
RECORDATIONOF RELATED CTC RESOlUTION.
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THIS suRVEY IS BASED ON THE CALIFORNIA COORDINATE
SYSTEM Of 1983, ZONE 3. THE BEARINGS SHOWNARE ON
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FOR MORE DETAILED INFORMATION AS TO THE ESTABLISHMENT
OF THE VARIOUS HICH AND LOW WATER LINES.
SEE MAON FILE IN THE SURVEYS DEPARTMENT
CALTRANS DISTRICT 6.
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RELINQUISHMENTMAP
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STATE OF CAL IFORNIA
BUSINESS, TRANSPORTATIONAfoC) HOUSING AGENCY
DEPARTMENT OF TRANSPORTATION
PROPOSEDRELINQUISHMENTNO. 85775
CONSISTINGOF 1 SEGMENTTO THE
CITY OF FRESNO
Rebecca E. Klisch
City Clerk
CLERK'SCERTIFICATION
I, REBECCAE.KLiSCH,CityClerkoftheCityof Fresno,California,herebycertifytheforegoingto bea full,trueandcorrectcopyof CITYCOUNCILAGENDAITEMNO.1F.ANDRESOLUTIONNO.2007-254:
DATEDANDAPPROVEDON JULY 24. 2007; REGARDINGAPPROVINGA RELINQUISHMENT AGREEMENTWITHTHECALIFORNIADEPARTMENTOFTRANSPORTATlONAND 2 AUTHORIZING
THEPUBLICWORKSDIRECTORORHISDESIGNEETOSIGNTHEAGREEMENTONBEHALFOFTHE CITYOFFRESNO;nowonfileinmyoffice.
IN WITNESSWHEREOF,I havehereuntoset myhandandaffixedthesealoftheCityof Fresno, California,this31stdayofJULV, 2007.
RebeccaE.Klisch"CMC
CityClerk,CityofFresno
By
Deputy
City Hall ·2600 Fresno Street · Fresno, California 93721 · 559-621-7650· FAX 559-488-1005 ---
RESOLUTION NO. 2007-254.
A RESOLUTIONOF FRESNO CITY COUNCIL(1) APPROVING A RELINQUISHMENT AGREEMENT WITH THE CALIFORNIADEPARTMENT OF TRANSPORTATION AND (2)
AUTHORIZINGTHE PUBLIC WORKS DIRECTOR OR HIS DESIGNEE TO SIGN THE
AGREEMENT ON BEHALF OF THE CITY OF FRESNO
'* WHEREAS, the State and City, pursuant to Street and Highways Code Sections 73 and 130, are o authorized to enter into this Relinquishment Agreement in order to relinquish to the City, a portion of the old State Route 41 bridge at the San Joaquin River, within the City's jurisdiction; and WHEREAS, the State intends to relinquish to the City only that portion of the Bridge Number 42-0112, which straddles the Fresno/Madera County line at the San Joaquin River, lying within the Fresno City Limits; and
WHEREAS, at City's insistence, the State agrees to perform and complete seismic retrofit, railing replacement and scour repair work on the subject bridge prior to submitting to the California Transportation Commission for Resolutions of Relinquishment; and WHEREAS, the City agrees to accept ownership of the subject bridge upon completion by the State of seismic retrofit, bridge railing replacement, and scour repair work and City Council acceptance/approval thereof, and recordation of the California Transportation Commission's Resolution of Relinquishment in the Fresno County Recorder's Office.
NOW, THEREFORE, BE IT RESOLVED THAT THE COUNCIL OF THE CITY OF FRESNO HEREBY:
1. The above recitals are true and correct and adopted as part of this resolution.
2. The City Council approves Relinquishment AgreementNo. 06-1367 with the California Department of Transportation for a portion of the old Route 41 bridge (Bridge No. 42-oi 12) lying within the Fresno City Limits, provided that City Council approval of the State's seismic retrofit, bridge railing replacement, and scour repair work shall be an express condition precedent to the City's acceptance of ownership.
3. The City Council authorizes the Public Works Director or his designee to sign the Relinquishment Agreement No. 06-1367 on behalf of the City of Fresno, consistent with the resolution. 2007 -.25i
Page I of2
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CLERK'S CERTIFICAnON
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, REBECCA E. KLISCH, City Clerk of the City of Fresno, certify that the foregoing Resolution was adopted by the Council of the City of Fresno, California, at a regular meeting thereof, held on the 24thday of July, 2007.
Dages, Duncan, Sterling, Westerlund, Xiong, Perea
REBECCA E. KLISCH
City Clerk
By ~~J:jJCI..4&Beputy
APPROVED AS TO FORM:
JAMES C. SANCHEZ
City Attorney
By f(
Robert R.Coyle, Deputy
,2007
AYES: Calhoun,
NOES: None
ABSTAIN: None
ABSENT: None