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HomeMy WebLinkAbout042-93d RESOLUTION NO. 42-93 APPROVING THE SUMMARY VACATION OF A PUBLIC STREET RIGHT-OF-WAY WHEREAS, The Community Development Agency of the Town of Danville has entered into an agreement to abandon Hartz Court street right-of-way; and WHERFAS, the Streets and Highway Code, Division 9, Part 3, Chapter 4, Article 1, Subsection 8334 (a) permits the summary vacation of excess street right-of-way; and WHEREAS, the excess street right-of-way is described as follows; All of the public street known as Hartz Court lying northerly of the easterly extension of the north right-of-way of Hartz Avenue (now known as Hartz Way) as shown on the Map of Danville Gardens recorded in Map Book 31, pages 26 through 28, records of Contra Costa County Recorder (shown thereon as Willow Drive), terminating at the westerly right-of-way of State Freeway Route 680 as it presently exists; and WHEREAS, Hartz Court is excess street right-of-way and is unnecessary for prospective public street purposes and is not useful as a non-motorized transportation facility; and WHEREAS, existing utilities are present both overhead and underground which are intended to remain and function for the benefit of the public; and WHEREAS, the Streets and Highway Code, Division 9, Part 3, Chapter 5, Article 1, Subsection 8340 (c) provides for the Town to retain all utility easement rights within the excess street right-of-way necessary to maintain existing facilities; and WHEREAS, the Planning Commission of the Town of Danville has confirmed that the vacation of excess street right-of-way is in conformance with the Town's General Plan per Resolution 93-17; and WHEREAS, a public hearing has been held this date, receiving and considering all evidence offered by interested persons, and finds from all evidence submitted, that the excess street right-of-way is not necessary for present or future street use; now, therefore, be it RESOLVED, by the Town Council of the Town of Danville that the proposed vacation of public street right-of-way is in conformance with the Town General Plan; and, be it PAGE 1 OF RESOLUTION NO. 42-93 FURTHER RESOLVED, that the Town does hereby reserve unto itself, for the benefit of the public, all utility easement rights within the excess street right-of-way necessary to maintain existing facilities; and, be it FURTHER RESOLVED, that from and after the date this resolution is recorded, the street right-of-way vacated herein no longer constitutes a public street; and, be it FURTHER RESOLVED, that the Town staff is hereby authorized and directed to execute the same and record this resolution on behalf of the Town. APPROVED by the Danville Town Council at a Regular Meeting on April 20, 1993, by the following vote: AYES: NOES: NONE ABSTAINED: NONE ABSENT: NONE SHIMANSKY, RITCHEY, DOYLE, GREENBERG, LANE APPROVED AS TO FORM: CITY ATTORNEY ATTEST: CITY CLERK PAGE 2 OF RESOLUTION NO. 42-93 4-CC-680 R8.18 E1Cerro Blvd I/C 4303-228410 Dist. Agmt. No. 4-1465-C Document No. CC-7- COOPERATIVE AGREEMENT This AGREEMENT, entered into on · is between the STATE OF CALIFORNIA, acting by and through its De- partment of Transportation· referred to herein as STATE, and TOWN OF DANVILLE, a body politic and a municipal corporation of the State of California· referred to herein as TOWN. RECITALS (1) STATE and TOWN, pursuant to Streets and Highways Code Sections 114 and 130, are authorized to enter into a Cooper- ative Agreement for improvements to State highways within TOWN. (2) STATE and TOWN contemplate installing traffic con- trol signal(s) and safety lighting and performing roadwork on E1 Cerro Boulevard at Route 680, referred to herein as "PROJECT", and desire to specify the terms and conditions under which PROJECT is to be constructed and maintained. -1- District Agreement No. 4-1465-C SECTION I TOWN AGREES: (1) To provide all necessary construction engineering services for PROJECT and bear the entire actual expense thereof. (2) To identify and locate all high and low risk under- ground facilities within the PROJECT area and to protect or oth- erwise provide for such facilities, all in accordance with STATE's "Manual on Hiqh and Low Risk Underqround Facilities Within Hiqhway Riqhts of Way". TOWN hereby acknowledges receipt of STATE's "Manual on Hiqh and Low Risk Underqround Facilities Within Hiqhway Riqhts of Way". (3) To certify legal and physical control of right of way ready for construction, and that all rights of way were ac- quired in accordance with applicable State and Federal laws and regulations subject to review and concurrence by STATE prior to the advertisement for bids for construction of PROJECT. (4) To apply for necessary encroachment permits for re- quired work within State highway rights of way, in accordance with STATE's standard permit procedures. (5) PROJECT will be advertised, awarded, and adminis- tered in accordance with STATE's current Local Programs Manual, Volume II. (6) To construct PROJECT in accordance with plans and specifications of TOWN to the satisfaction of and subject to the approval of STATE and bear the entire actual expense thereof. -2- District Agreement No. 4-1465-C plete set plans. (8) of the cost of (7) Upon completion of PROJECT, to furnish STATE a com- of full-sized film positive reproducible as-built To reimburse STATE for TOWN's proportionate share maintenance of traffic control signal(s) and safety lighting, such share to be an amount equal to 50% of the total maintenance costs, including electrical energy costs. (9) To retain or cause to be retained for audit by STATE or other government auditors for a period of three (3) years from date of final payment, all records and accounts relat- ing to construction of PROJECT. SECTION II STATE AGREES: (1) To maintain the entire traffic control signal(s) and safety lighting as installed and pay an amount equal to 50% of the total maintenance costs, including electrical energy costs. (2) To furnish at TOWN expense the traffic signal con- trol equipment for PROJECT. This equipment shall consist of sig- nal controller units and signal control cabinets. (3) To issue, upon proper application by TOWN and by TOWN's contractor, the necessary encroachment permits for re- quired work within the State highway right of way. -3- District Agreement No. 4-1465-C SECTION III IT IS MUTUALLY AGREED: (1) All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the allocation of resources by the California Transportation Commission. (2) Should any portion of PROJECT be financed with Fed- eral funds or State gas tax funds, all applicable laws, regu- lations and policies relating to the use of such funds shall apply notwithstanding other provisions of this Agreement. (3) Construction by TOWN of improvements referred to herein which lie within State highway rights of way or affect STATE facilities, shall not be commenced until TOWN's original contract plans involving such work and plans for utility relo- cations have been reviewed and approved by signature of STATE's District Director of Transportation, or the District Director's delegated agent, and until an encroachment permit to TOWN author- izing such work has been issued by STATE. Receipt by TOWN of TOWN's contract plans signed by STATE shall constitute STATE's acceptance and official approval of said plans. (4) TOWN shall obtain aforesaid encroachment permit through the office of State District Permit Engineer and TOWN's application shall be accompanied by seven (7) sets of reduced construction plans of aforesaid STATE approved contract plans. Receipt by TOWN of the approved encroachment permit shall consti- -4- District Agreement No. 4-1465-C tute TOWN's authorization from STATE to proceed with work to be performed by TOWN or TOWN's representatives within proposed STATE right of way or which affects STATE facilities, pursuant to work covered by this Agreement. TOWN's authorization to proceed with said work shall be contingent upon TOWN's compliance with all provisions set forth in this Agreement and said encroachment per- mit. (5) TOWN's construction contractor shall also be re- quired to obtain an encroachment permit from STATE prior to com- mencing any work within STATE rights of way or which affects STATE facilities. The application by TOWN's contractor for said encroachment permit shall be made through the office of State District Permit Engineer and shall include proof said contractor Q has payment and performance surety bonds covering construction of PROJECT. (6) TOWN shall not advertise for bids to construct PROJECT until after an encroachment permit has been issued to TOWN by STATE. (7) If any existing public and/or private utility fa- cilities conflict with PROJECT construction or violate STATE's encroachment policy, TOWN shall make all necessary arrangements with the owners of such facilities for their protection, relo- cation or removal in accordance with STATE policy and procedure for those facilities located within the limits of work providing for the improvement to the State highway and in accordance with TOWN policy for those facilities located outside of the limits of -5- District Agreement No. 4-1465-C work for the State highway. Total costs of such protection, re- location or removal shall be in accordance with STATE policy and procedure. Any relocated or new facilities shall be correctly shown and identified on the As-Built plans referred to in Section I, Article (7) of this Agreement. (8) Upon completion of all work under this Agreement, ownership and title to materials, equipment and appurtenances in- stalled within STATE's right of way will automatically be vested in STATE, and materials, equipment and appurtenances installed outside of STATE's right of way will automatically be vested in TOWN. No further agreement will be necessary to transfer owner- ship as hereinabove stated. (9) The cost of any maintenance referred to herein in this Agreement shall include all direct and indirect costs (func- tional and administrative overhead assessment) attributable to such work, applied in accordance with STATE's standard accounting procedures. (10) Nothing in the provisions of this Agreement is in- tended to create duties or obligations to or rights in third par- ties not parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care with respect to the maintenance of State highways different from the standard of care imposed by law. (11) Neither STATE nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by TOWN under or in con- -6- District Agreement No. 4-1465-C nection with any work, authority or jurisdiction delegated to TOWN under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, TOWN shall fully de- fend, indemnify and save harmless the State of California, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by TOWN under or in con- nection with any work, authority or jurisdiction delegated to TOWN under this Agreement. (12) Neither TOWN nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by STATE under or in con- nection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, STATE shall fully de- fend, indemnify and save harmless TOWN, all officers and employ- ees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. (13) In the construction of said work, TOWN will fur- nish a representative to perform the functions of a Resident En- gineer, and STATE may, at no cost to TOWN, furnish a -7- District Agreement No. 4-1465-C right of way. roads within Rance. representative, if it so desires, to ensure conformance of work to STATE's standards. Said representatives of TOWN and STATE will cooperate and consult with each other, but all work within STATE's right of way shall be accomplished to the satisfaction of STATE's representative. (14) Upon completion and acceptance of the PROJECT con- struction contract by TOWN to the satisfaction of the STATE rep- resentative and subsequent to the execution of a maintenance agreement or modification of an existing maintenance agreement, STATE will accept control and maintain, at its own cost and ex- pense, those portions of PROJECT lying within STATE's right of way, except local roads delegated to TOWN for maintenance. (15) TOWN will accept control and maintain, at its own cost and expense, the portions of PROJECT lying outside STATE's Also, TOWN will maintain at TOWN expense, local STATE's right of way delegated to TOWN for mainte- (16) Those portions of this Agreement pertaining to the construction of PROJECT shall terminate upon completion and ac- ceptance of the construction contract for PROJECT by TOWN with concurrence of STATE, or on July 13, 1997, whichever is earlier in time; however, the ownership, operation, maintenance, liabil- ity, and claims clauses shall remain in effect until terminated -8- District Agreement No. 4-1465-C or modified in writing by mutual agreement. Should any construction-related claim arising out of PROJECT be asserted against TOWN, STATE agrees to extend the termination date of this Agreement. STATE OF CALIFORNIA Department of Transportation JAMES W. VAN LOBEN SELS Director of Transportation By Deputy District Director APPROVED AS TO FORM AND PROCEDURE TOWN OF DANVILLE By Mayor Attest: City Clerk ATTORNEY Department of Transportation CERTIFIED AS TO FUNDS AND PROCEDURE District Accounting Administrator -9-