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RES 2013-038Resolution No. 2013- 38 Resolution Accepting Certain Right -of -Way from the State of California Department of Transportation upon Completion of Specific Streetscape Improvements by the Chateau Phase II Developer Adjacent US Hwy 50 WHEREAS, in 2007, the City of South Lake Tahoe ( "City ") had approved Redevelopment Project 3, or the Chateau Project, which includes certain pedestrian and streetscape improvements ( "Improvements ") along the westbound lanes side of U.S. Highway 50 between Stateline and Friday Avenues; and WHEREAS, pursuant to Section 73 of the California Streets and Highways Code, the California Transportation Commission ( "CTC "), upon request from the State Department of Transportation ( "Caltrans "), may relinquish a State highway or portion thereof subject to certain findings; and WHEREAS, Caltrans does not maintain enhanced right -of way improvements along State roadways; such responsibility is left to local governments or sponsors; and WHEREAS, the City of South Lake Tahoe desires to submit a written request to the State of California ( "State ") for relinquishment of a portion of the U.S. Highway 50 right -of- way, which portion does not constitute a part of the main traveled roadway thereof, to facilitate the construction and maintenance of the Improvements for the Chateau Phase II; and WHEREAS, Caltrans District 3 has indicated a willingness to recommend to the CTC that the subject portion of the U.S. 50 right -of -way be relinquished to the City; and WHEREAS, the City desires to enter into a Relinquishment Agreement with Caltrans upon completion of the chateau phase II streetscape Improvements; and WHEREAS, the City intends to enter into a separate agreement with the developer of the Chateau Project Phase II to provide for maintenance of the Improvements in perpetuity; NOW, THEREFORE, the City Council of the City of South Lake Tahoe does hereby resolve, determine and find as follows: 1. The recitals set forth herein are true and correct. 2. The City Council hereby requests Caltrans, District 3, to initiate the process to relinquish that portion of the U.S. `50 right -of -way as generally shown in the attached Exhibit A upon completion and acceptance of the improvements as approved by encroachment permit. 3. The City Council requests that the developer submit a precise legal description and right -of way relinquishment map of the area to be relinquished by State. The documents shall be attached as exhibits to Relinquishment Agreement to be executed by the City and State. 4. The City Council hereby agrees to accept such relinquishment and hereby consents to initiation of relinquishment upon completion and acceptance of all streetscape improvements as shown on the project plans for Phase II and as accepted by Caltrans. 5. The City Council hereby waives the 90 -day written notice of intention to relinquish prescribed in Section 73 of the California Streets and Highways Code. 6. The City Council hereby authorizes the Mayor and City Manager, or their designee, to execute a Relinquishment Agreement with State of California and any and all other documents necessary to effect relinquishment including a Maintenance Agreement between the CITY and the Developer. 7. This Resolution is effective upon its adoption. The foregoing resolution was duly passed and adopted by the City Council of the City of South Lake Tahoe at a regular meeting on the 11 th day of June 2013 by the following vote: AYES: Councilmembers DAMS, COLE, CONNER, L4INE & SWISON NOES: Councilmembers ABSENT: Councilmembers ABSTAIN: Councilmembers 1:1 Tom Davis, Mayor 0 y y Alessi, City Clerk 9U Crl 1'g,= 2