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HomeMy WebLinkAbout24795RESOLUTION NO. 24795 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A SUPPLEMENTAL AGREEMENT TO PUBLIC HIGHWAY OVERPASS AGREEMENT (A6956) WITH THE UNION PACIFIC RAILROAD COMPANY FOR THE INDIAN CANYON DRIVE WIDENING AND BRIDGE REPLACEMENT, CITY PROJECT NO. 01-11, FEDERAL AID PROJECT NO. BRLO 5282 (017) WHEREAS, the City of Palm Springs has been actively working since 2000 to deliver a major capital project to widen Indian Canyon Drive from the Union Pacific Railroad ("UPRR") bridge to Garnet Avenue, from 2 lanes to 6 lanes, identified as the Indian Canyon Drive Widening and Bridge Replacement, City Project No. 01-11, Federal Aid Project No. BRLO 5282 (017), (the "Project"); and WHEREAS, the scope of the Project includes removal of the existing 2-lane UPRR bridge and construction of a new 6-lane bridge, and widening of Indian Canyon Drive to 6-lanes from the UPRR bridge to Garnet Avenue; and WHEREAS, by agreement dated August 18, 1952, the Southern Pacific Company (now UPRR) and County of Riverside entered into a Public Road Crossing Agreement, identified in the records of the Railroad as Folder No. 2816-73, SP Deed Custodian No. 45660, covering the construction, maintenance, use and repair of Indian Avenue (now Indian Canyon Drive) grade separated public road crossing, (DOT No. 760705M), at Railroad's Mile Post 588.35 on the Yuma Subdivision at or near Palm Springs, Riverside County, California; and WHEREAS, on March 15, 2017, the City Council approved a Public Highway Overpass Crossing Agreement (identified as City Agreement 6956) with UPRR to construct the 6-lane replacement bridge and embankments within UPRR right-of-way included as part of the Project; and WHEREAS, the Public Highway Overpass Crossing Agreement (A6956) with UPRR included the City's acquisition of a temporary construction easement within UPRR right-of-way to construct the Project with a term of three years expiring on April 17, 2020; and WHEREAS, the City has requested that UPRR extend the term of the temporary construction easement provided in the Public Highway Overpass Crossing Agreement (A6956) by an additional three years to expire on April 17, 2023; and WHEREAS, the UPRR has prepared a Supplemental Agreement to the Public Highway Overpass Crossing Agreement (A6956) to extend the temporary construction Resolution No. 24795 Page 2 easement provided in the Public Highway Overpass Crossing Agreement (A6956) by an additional three years to expire on April 17, 2023. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Supplemental Agreement to the Public Highway Overpass Crossing Agreement (A6956) with the Union Pacific Railroad Company for the Indian Canyon Drive Widening and Replacement, City Project 01-11, Federal Aid Project No. BRLO 5282 (017), is hereby approved. SECTION 2. The City Manager is authorized to execute the Supplemental Agreement on behalf of the City of Palm Springs. ADOPTED THIS 10TH DAY OF SEPTEMBER 2020. David H. Ready, City M er ATTEST: Apt�ony J. ejia, ity r Resolution No. 24795 Page 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF PALM SPRINGS) CERTIFICATION ss. I, ANTHONY MEJIA, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 24795 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on September 10, 2020, by the following vote: AYES: Councilmembers Garner, and Mayor Kors NOES: None ABSENT: None ABSTAIN: None Middleton, Woods, Mayor Pro Tern Holstege, IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this A41- day of _ _1�j? &�" k"-" Aq6ony J. M jia, t 21ifornia City of Palm prings,