California State/Hwy 111 Relinquishment 0708-Riv-11I-PM 32.31/34.26
Highway Relinquishment
In the City of La Quinta
EA OJ5100
District Agreement No. 8-1360
RELINQUISHMENT
COOPERATIVE AGREEMENT
This Agreement, entered into effective on [�'p lour to 2007, is between the STATE
OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as
"STATE", and the
CITY OF LA QUINTA a body politic and
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 that portion of State Route 111 between
Post Miles 32.31/34.26 as shown in Exhibit A, attached to and made a part of this
Agreement, referred to hereinafter as "RELINQUISHED FACILITIES." CITY is willing
to accept said relinquishment upon approval by the 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 negotiated an understanding that STATE will continue to
maintain the RELINQUISHED FACILITIES in a state of good repair until the date of
recordation of the Resolution of Relinquishment. CITY will accept the RELINQUISHED
FACILITIES in return for the payment of $700,000 in exchange for CITY assuming full
maintenance, ownership, responsibility, control and liability in perpetuity, over the
RELINQUISHED FACILITIES and for specific future improvements and betterments to
be added by CITY including but not limited to the form of pavement rehabilitation,
pavement overlay, shoulder widening, sealing cracks, drainage improvements, and
Americans with Disabilities Act upgrades.
4. The parties hereto intend to define herein the terns and conditions under which
relinquishment is to be accomplished.
District Agreement No. 8-1360
SECTION I
CITY AGREES:
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.
2. To accept ownership, including all of STATE's current obligations, rights, title and
interest in RELINQUISHED FACILITIES upon 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.
To appear before the CTC, if deemed appropriate by CITY, to offer CITY's
substantiation that the requested CTC allocation of the funds to bring the
RELINQUISHED FACILITIES into a state of good repair is in the best interest of the
public.
4. To accept that allocation, determined by the CTC to be in the best interests of the public
in its Resolution of Relinquishment, as STATE's only payment obligation for this
relinquishment of RELINQUISHED FACILITIES.
SECTION II
STATE AGREES:
To relinquish, upon the approval of the CTC's Resolution of Relinquishment,
RELINQUISHED FACILITIES.
2. To forward and support CITY's request for the allocation of $700,000 by the CTC with
the expectation that the CTC will determine that this or some other allocation is in the
best interest of the public to improve RELINQUISHED FACILITIES beyond a state of
good repair and in exchange for CITY assuming full maintenance, ownership,
responsibility, control and liability in perpetuity, over the RELINQUISHED
FACILITIES.
3. To submit the CTC Resolution of Relinquishment to the County Recorder's Office for
recording.
4. To pay CITY, within thirty (30) days of the recordation of the CTC's Resolution of
Relinquishment, that amount, if any, allocated by the CTC in its Resolution of
Relinquishment. The payment of those funds will represent STATE's only payment
obligation for the purpose of this relinquishment.
5. 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
District Agreement No. 8-1360
FACILITIES, including, but not limited to, plans, survey data and right of way
information.
SECTION III
IT IS MUTUALLY AGREED:
All obligations of STATE under the terms of this Agreement are subject to the
appropriation of resources by the Legislature, State Budget Act authority, and the
allocation of any funds by the CTC.
2. 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 upon CITY and arising
under this Agreement. It is understood and agreed that CITY shall fully defend,
indemnify and save harmless STATE and all its officers and employees from all claims,
suits or actions of every name, kind and description brought forth under, including, but
not limited to, tortious, 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.
3. 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 upon STATE and
arising under this Agreement. It is understood and agreed that STATE, shall fully defend,
indemnify and save harmless CITY and all its officers and employees from all claims,
suits or actions of every name, kind and description brought forth under, including, but
not limited to, tortious, contractual, inverse condemnation and other theories or assertions
of liability occurring by reason of anything done or omitted to be done by STATE under
this Agreement.
4. 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.
This Agreement shall terminate upon recordation of the CTC's Resolution of
Relinquishment for RELINQUISHED FACILITIES in the County Recorder's Office, or
on January 1, 2013, whichever is earlier in time except for those provisions which relate
to a payment, indemnification, ownership, operation, and maintenance, which shall
remain in effect until terminated or modified in writing by mutual agreement.
SIGNATURES ON FOLLOWING PAGE:
1
District Agreement No. 8-1360
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
WILL KEMPTON
Director
By: 7"
DiR,ICHAEL A. PEROVICH
IIJJ strict 08 Director
APPROVED AS TO FORM AND
PROCEDURE:
Attorney,
Department of Transportation
CERTIFIED AS TO FUNDS:
By: ill"
District Budget Manager
CERTIFIED AS TO FINANCIAL
TERMS AND POLICIES:
Uour'ting;kdministrato
CITY OF LA QUINTA
By: dtsan�e
Mayor
APPROVED AS TO FORM AND
0
CITY Counsel
rd
District Agreement No. 8-1360
EXHIBIT A
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' 78-495 r T\nirico(760) 777-7000
1"v Q1INA, Cni.uuRNI 92:25; FAX (760) 777-7101
Minute Action of the City Council of the City of La Quinta
Date: December 5, 2007
To: Caltrans
Meeting Date: December 4, 2007
Item Number: Consent Calendar No. 6
Title: APPROVAL OF A COOPERATIVE AGREEMENT WITH THE
STATE OF CALIFORNIA FOR THE RELINQUISHMENT OF
STATE ROUTE III WITHIN THE CITY OF LA QUINTA
JURISDICTIONAL BOUNDARIES
It was duly moved by Council Member Sniff, seconded by Council Member Osborne that
Consent Calendar Item No. 6 approving a Cooperative Agreement with the State of California
for the relinquishment of State Route I I I within the City of La Quinta jurisdictional boundaries
and authorizing the Mayor to execute the Cooperative Agreement on behalf of the City, be
approved.
The motion carried by the following vote:
AYES: 5 Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph
NOES: 0 None
ABSENT: 0 None
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) §
CITY OF LA QUINTA )
I Veronica J. Montecino, City Clerk of the City of La Quinta hereby certify, under penalty of
perjury, that the foregoing is a true and correct excerpt from the minutes of the action taken by
the La Qua City Council Members at a meeting held Tuesday, December 4, 2007.
Veronica J. MonyEino, CMC
City Clerk ��//
Ell
-STATE OF CALIFORNIA—BUSINESS, TRANSPQRTATION AND HOUSING ArENCY ARNOID SCKWARZENEGGER.
DEPARTMENT OF TRANSPORTATION
DISTRICT 8
CONSTRUCTION DIVISION (NIS 865)
464 WEST e1i STREET, 0 FLOOR
SAN BERNARDINO, CA 92401-1400
PHONE (909) 383-4720
FAX (909) 383-6383
TTY (909) 383-6300
January 22, 2008
Mr. Thomas P. Genovese
City Manager
City of La Quinta
P.O. Box 1504
La Quinta, CA 92247
Dear Mr. Genovese:
/ " -, 0 OV/N �/
5 ; ' 9
Flex your power!
Be energy efficient!
Relinquishment of Rte. 111
Ref:8-Riv-111, P.M. 32.31-P.M. 34.26
Rel. Req. No. 463-R
CTC Res. No. R3678
DOC# 2008-0032640
This is to inform you that as of 08:00 a.m. on 01/22/08, by the authority of Legislative Deletion (AB
224), and the California Transportation Commission, the Right of Way of State Route 111 has been
relinquished to the City of La Quinta. This action has taken place in accordance with Section 73 of
the Streets and Highways Code.
Please notice the attached document and tracings indicating the portion of Route 111 pertaining to
this relinquishment. If there are any questions about this matter, please don't hesitate to call me at
(909) 383-4720, or Mr. David Corbell, Relinquishments Land Surveyor, of my staff, at (909) 383-
4704.
Sincere,y,
i
KENNETH ANDREWS
Senior Transportation Surveyor
Office of Land Surveying
Enclosure
KA/am
" Caltrans improves mobility across California'
S I AfF_U=CALfORNIIA—BUSINESS TRANSPORTAI ION AND HOUSING AGENCY ARNOLD SCHWARZENEGGER Governor
DEPARTMENT OF TRANSPORTATION
DIVISION OF RIGHT OF WAY AND LAND SURVEYS
OFFICE OF LAND SURVEYS
1727 30'" Streel
P O BOX 168041
SACRAMENTO, CA 95816-8041
PHONE (916) 227-7669
FAX (916) 227-7670
TTY (916) 227-8454
January 17, 2008
City of La Quinta
City Hall
P.O. Box 1504
78-495 Calle Tampico
La Quinta, CA 92253
RECEIVED 0
JAN2 3 2008 Flexyanrpn,ver'
Be energy efjirienll
R/W ENGINEERING
Relinquishments
8-Riv-III-PM 32.31/34.26
Rel. Req. No. 463-R
Legislative Deleted State Highway
CTC Res.: R3678
CTC Date: January 10, 2008
RELINQUISHMENT OF HIGHWAY RIGHT OF WAY
Enclosed for informational purposes only is a certified copy of the above -referenced
California Transportation Commission Resolution of Relinquishment. This action
was taken in accordance with Senate Bill 224, Chapter 718 of the 2007 statutes.
The relinquishment will become effective upon recordation with the County Recorder.
Our District Office will handle the recording and will advise you immediately
thereafter.
Sincerely,
MARK S. TURNER, Chief
Office of Land Surveys
Division of Right of Way and Land Surveys
Enclosure
"Ca6rons improves mobdtty across California
TRANSPORTATIUN UUMMI,SIUN
RESOLUTION No. R3678
RELINQUISHMENT OF HIGHWAY RIGHT OF WAY IN THE
CITY OF LA QUINTA, ROAD 08-RIV-111-PM 32.31/34.26
Request No. 463-R
WHEREAS, by relinquishment cooperative agreement dated
December 6, 2007, between the City of La Quinta and the State of
California, the City waived the 90-day notice requirement and
agreed to accept title to a portion of State Highway Route 111
lying within the City limits, upon relinquishment thereof to said
City by the State of California; and
WHEREAS, by said relinquishment cooperative agreement
the City of La Quinta is willing to accept a lump sum payment of
$700,000 to accept title to said portion of Route 111; and
WHEREAS, this Commission does hereby approve the terms
and conditions of said relinquishment cooperative agreement; and
WHEREAS, this Commission has the authority by
resolution to relinquish pursuant to Legislative enactment; and
WHEREAS, in accordance with Section 411 of the Streets
and Highways Code, as amended by Chapter 718 Statutes of 2007,
this Commission has found and determined, and does hereby find
and determine, that it is desirable and in the public interest
that said highway be relinquished to the City of La Quinta for
use as a city street.
NOW, THEREFORE, IT IS VOTED by the California
Transportation Commission that it relinquish and it does hereby
relinquish, to the City of La Quints, effective upon the
recordation of a certified copy hereof with the Recorder of
Riverside County, all of the State of California's right, title
and interest in and to said State highway, described as follows:
That portion of highway right of way shown as SEGMENT 1, to
be relinquished as indicated on one set of 7 maps filed for
record as Document No. 2007-0733143, on December 6, 2007, in
State Highway Map Book 11, Pages 71 through 77, inclusive, in the
Office of the Riverside County Recorder.
THIS IS TO CERTIFY that the foregoing resolution was duly passed
by the California Transportation Commission at its meeting regularly
called and held on the I Oth day of January 2008, in the City of
Sacramento and that the foregoing is a full and correct copy of the
original resolution. Dated this I lth day of January 2008.
TRANSPORTATION COMMISSION
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