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HomeMy WebLinkAbout24198 RESOLUTION NO. 24198 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A PUBLIC HIGHWAY OVERPASS AGREEMENT 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), UPRR FOLDER NO. 2816-73. WHEREAS, after the City initiated the Indian Canyon Drive / Interstate 10 Interchange Project in 2000, the Public Works and Engineering Department, now the Engineering Services Department ("Department') turned its attention to widening Indian Canyon Drive through the Whitewater River up to Garnet Avenue to correspond with the ultimate 6-lane roadway now completed from Garnet Avenue over Interstate 10; and WHEREAS, in pursuit of this goal, the Department applied for and obtained federal grants for widening Indian Canyon Drive, from the Union Pacific Railroad ("UPRR") bridge to Garnet Avenue, from 2 lanes to 6 lanes which includes the replacement of the UPRR overpass (the 'Project'); and WHEREAS, the Department was initially successful in being awarded a federal grant of $4,286,000 from the Highway Bridge Program ("HBP"), administered through the California Department of Transportation ("Caltrans"); and WHEREAS, the scope of the Project changed from widening of the existing UPRR bridge to complete replacement of the UPRR bridge, and where the total cost of the Project had increased, the Department successfully increased the total federal funding for the Project to $17.4 million; and WHEREAS, in May 2001, the Department obtained approval from Caltrans to proceed with the preliminary engineering phase for the Project; and WHEREAS, the City obtained final environmental approvals for the Project from Caltrans and resource agencies in 2009 and commenced with final design and right-of- way-acquisition phases; and WHEREAS, the Project will require the acquisition of rights-of-way and easements from various parcels, including a C&M Agreement, formally identified as a Public Highway Overpass Agreement with the Union Pacific Railroad Company for APN Nos. 669-070-007 and 669-100-006; and Resolution No. 24198 Page 2 WHEREAS, by agreement dated August 18, 1952, the Southern Pacific Company 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 of 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, the City of Palm Springs ("City"), by annexation, and the Union Pacific Railroad Company ("UPRR"), by acquisition, are successors in interest to Riverside County and the Southern Pacific Company, respectively; and WHEREAS, the City proposes to replace the existing Indian Canyon Drive grade separated crossing; and WHEREAS, the UPRR has consented to and approved the City's plans to replace the existing Indian Canyon Drive grade separated crossing, pursuant to terms contained in a Public Highway Overpass Agreement with UPRR. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Public Highway Overpass Crossing Agreement 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), UPRR Folder No. 2816-73, is approved. SECTION 2. The City Manager is authorized to execute the Public Highway Overpass Agreement, commonly known as a Construction and Maintenance (C&M) Agreement on behalf of the City of Palm Springs. ADOPTED THIS 15T" DAY OF MARCH, 2017. David H. Ready, Esq., City Manager ATTEST: Kathleen D. Hart, MMC Interim City Clerk Resolution No. 24198 Pageg CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, hereby certify that Resolution No. 24198 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 March 15, 2017, by the following vote: AYES: Councilmembers Kors, Mills, Roberts, Mayor Pro Tem Foat, and Mayor Moon NOES: None ABSENT: None ABSTAIN: None RECUSED: None 11fr Kathleen D. Hart, MMC Interim City Clerk