State of California, Division of Highways, Maintenance 85, May 21 1964 Reso 953A "12~ '... l!f ..aA--
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ST.\11 Of CAUfOINIA-lllOHWAY PANSPOUATIOH AOIHCY
Dll'AUMENT Of l'UlllC WOlllCS
DIVISION OF HIGHWAYS
P. 0. llOX -llNCOH ANNEX. SAN BANCISCO 94119
Mr. Philip \·I. Storm
City Manager
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EDMUND G. lllOWN. 0--
=
July 2, 1964
File: IV-SCl-Cupertino
I ' , " . -''
City of CupLlrtinoc
10321 Sunnyvale-Saratoga Rd.
Cupertino, California
Dear Sir:
Attached for the City•s files is a fully executed
copy of the Agreement for Maintenance of State Highway
in the City, which was executed on May 21, 1954.
All provisions of this Agreement are effective
July 1, 1964.
Attach.
Yours ver>y tl'uly,
ALAN S. HART
District Engineer
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DSOU1'1'I'3 HO, q ('?
DSOLU'!'IOW or '1'BE o!"fi coutctt or '1'BE or.rr or CUPERTINO ; . APPROVIlfG AQRRP!imN'l' ll'OR llADl'!DUCB
or
HA'IB BI&WAY Ill 'l'HE cm or CUPERTINO
WJIBRBAB, the State or C&lito:rm.a, through it• Departwent ot
Publio Works, .Lliv1a1on ot Highways, baa pre1ented an Agreeiient
tor llaintenanoe or the State highway in th~ City C>f Ctmert1ng
erreotive aa or Ju~y 1, 1964 and to reaain in errect until
amended or tel'llinated.
WJIBREAS, the City Council baa heard read aaid Agre ... nt 1n
.t'ull and ia rallliliar with the contents thereof:;
TJJIBREFORE, be it reaolved by the City Council or the City
of_ Cupertino that said Agreement for Maintenance or
the State highway 1n the City iB hereby approved and the Mayor
and the City Clerk are directed to sign the same on behalf ot
said City.
ADOPTED this ),,I ;L \
I hereLy certify that the foregoing t'l!tsolution was duly and
regularly pa.seed by the City Council of the City of Cui;ert.ino
at a regular meeting thereof held !.Ll:':-'1 'v 1 , 19 (, *·
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lrerk of the city or Cupertino
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AGREJ'lllENT FOR MAINTENANCE: OF STATE HIGHWAY IN THE CITY
OF C\11 '1.;/l1'HI n
THIS AGREEMENT, made and executed in duplicate this al~
day or a,,, , 19-+6 by and between the Department of Public
Works or the State of California, acting by and through.the Division·
or Highways, hereinafter-,:>1.:t.led the "Department" and the City of
__ c_u_p._e_r_t_l_n_o ______ , hereinafter referred to as "City".
W I T N E S S E T H:
l. RECITALS:
The parties desire to provide for the maintenance of.State
highway routes within the city as provided in Section 130 of the
Streets and Highways Code, and to arrange herein for the parti-
cular maintenance functions to be performed by the City and those
to be performed by the Department and to specify the terll)s and
conditions under which such work will be performed.
2. AGREDIZNT:
This Ag~eement shall supersede all previous Agreements and
A.~endments which have been executed,
In consideration of tl:1;e mutual covenanttj and promises herein·
contained, it is agreed:
The City will perform such mt:.l.C1tenance work as is specifically
delegc. t.ed to it and the Department \o/lll perform those particular
functions of maintenance not otherwise ass1gr;ed to the City on the
::ltate highway routes or portion:i therrJo!' all 1::-; hereinafter de-
scribed under Section 21 and 22 hereof or ~s said sections may be
subaeque11tly modified with the cr;nsen~ ct' the parties hereto acting
by and throuch the'l.:r ·autho1'ized l'epT'e:ientative,
•
3. MAINTENANCE DEFINED: Maintenance is defined in Section 27 of the
Street• and Highways Code as follows:
Sec. 27. "(a) The preservation and keeping or rights-or-way, and
each type or roadway, structure, safety convenience
or device, planting, illumination equipment and
other racility, in the sate and usable condition to
which it has been improved or constructed, but .does
not include reconstruction or other improvement.
(b) Oporation or special safety conveniences and devices,
and illUJ11inating equipment.
( c) The special or emergency maintenance or repair
necessitated by accidents or by storms or other
weather conditions, slides, sottlementa or other
unusual or unexpGcted damage to a roadway, structure
or facility.
The degree and type o1' maintenance for each highway,
or portion thereof, shall be determined in the
discretion of the authorities charged with the main-
tenance thereof, taking into consideration traffic
requirements and moneys available therefor."
4. DEGREE OF HAINTENANCE: The degree or extent of maintenance work
to be performed and the standards therefor shall be in accordance
with the provisions of Section 27 of the Str•;·ets and Highways Code
and the provisions 01· this Agreement as hereinafter specified or as
may be prescribed from time .to time by the District Engineer.
"District Engineer", as used herein, means the District Engineer or
Assistant State Highway Engineer of the Division of Highways assigned
to the territory in which the city is located, or his authorized
representative.
$. L3GAL Rii:LATIONS AllD RESPONSIBILITIES: Nothing in the provisions
of this Agreement is intended to affect the legal liability 01· either
party to the contract by imposing any standard ot' care respecting
the maintenance of State highways different from the standard of
care imposed by law.
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It ts understood and agreed that neither the State, the
DepQ"taent, nor •"7 otrtoer or employee thereof lo rt111ponslble
'
tor aft7 damage or l1ab1l1t7 occurring b7 reason or a~hing done
or Cll1tted to. be doM b'J the Ctt7 under or 1n connect-ton wtth
arQ" work, authortt7 or jur111dtctton delegated to the City under
. ;
thi1 Agreement tor Maintenance. It ta also understood and agreed
that, pur1uant to Government Code Section 895 .4, Ct t7 shall tull7.
1ndemn1t"J and hold State h&r111le11 from any-damage or l1ab1lit7
occurring b7 reason or an;r1ih1ng done or C111t.tted to be done by
C1t'J under or in connection wtth a!l1' work, authortt7 or
jur1ed1otion delegated to Clt7 under this Agreement.
It ta underetood and agreed that neither Clt7, nor &DJ'
otttoer or e111plo7ee thereof, 111 r e11pons1ble tor &ft7 d11111age or
1S.ab1lit7 occurring by reason ot 11nything done or omitted ·to be
4om b'J the Department under or in connection wtth &ft7 work,
authority or juriadtotion not delegated to the City under thl•
Agreement tor Maintenance. It is also understood and agreed
that, pursuant to Gove.-ment Code Section 895.4, Department shall
tully 1ndl!llllnify and hold City harmless frC111 any damage or l1abll1ty
occurring by rea1on ot &DJ'th1ng done or omitted to be done by
Department under or in connection with any-work, authority or
juri11dlct1on not delegated to City under th111 A~~~r'!lent.
6. HIGHWAY, as used herein, refers to the ":w>. right-of-way
which ts secured or reserved to use in the construction and
maintenance or the roadbed'' arid roadsides as hereinafter
deacrtbed.
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7. HOADEED means that portion of the roadway extendine!'
from curb line to curb line or shoulder line to shoulder line.
~. IMPROVED ROADSIDES relates to the area between the
roadbed, as defined under Section 7, and the r1ght-of-wa7
boundary lines, including curb and sidewalk, as hereinat'ter
described but excludirig drainage structures or waterways.
9. UNIMPROVED ROADSIDES relates to the area between the
roadbed and right-of-way boundary wherein curbs ani sidewalks
do not exist.
10. CURBS relates to a timber or a masonry structure
separatinf; or otherwise delineating the roadbed from the
remainder of the hi~hway.
11. SIDEMALK applies to the paved or otherwise improved
surface area between the face of curb and ri~ht-of-way boundary,
including paved entrances or driveways.
12. BRIDGES, as used herein, reff'rs to structures of a span
of more than twenty feet (201) measured under the copings along
the centerltne of the street and multiple span structures where
the individual spans are in excess of ten feet (10 1 ) measured
from center to center of supports along the centerline of the
street. All other cross drainage structi.ires will be classified
as culverts.
ROUTINE MAINTENANCE
13. ROUTINE MAINTENANCE to be performed on the roadbed or
roadsides shall consist of such work as patching, crack sealing,
care of drainage~ upkeep and repair of bridges, culverts, guard
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rail, median barriers,. curbs and sidcewalks, operation or draw-
, '
bridges, street sneping and cleaning, repair ot damage and
cleaning up after storms and trarr.tc accidents, control or road-
side vegetation, care or landscaped areas, trees or other
ornamental plantings, and upkeep and operation or traffic service
devices, all as hereinafter specified.
Maintenance or landscaped areas or other ornamental plant-
ings will.be performed and paid for by the Department. The'
Department will not, however, perform the work or pay tor the
upkeep and care or grounds or facilities used as a public park.
Routine tree maintenance shall be limited to minor trimming as
required to improve sight distance or to the occasional removal
of dead or low overhanging limbs. Extensive tree reconditioning
work, spraying or removal are not routine maintenance operations
and will not be paid for unless such work is specifically author-
ized b:y· the Department. The above shall not be construed as
restricting, prohibiting or otherwise relieving the City of the
responsibility for inspection and upkeep or trees in a manner that
will insure maximum safety to both vehicular and pedestrian traffic.
Sweeping and cleaning shall be limited to the. removal of
dirt or litter normally coming onto the roadbed from the action
of traffic or from natural causes, The Department will not under-
take nor pay for picking up or disposing of rubbish or debris swept
into or otherwise placed on the highway from abutting property.
The extent or sweeping and cleaning on the State highways shall
not be greater than customarily done on comparable city streets,
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Maintenance work ,to be perromed within the area d••igaated
u IaproTed Road111de11 •hall include the removal or dirt and litter
u referred to above and 11uoh sidewalk: inapection and action tovarda
repalP of 11dewala, ourb11 or other faoilitie11 u 111 aeoe••U'J' to
keep th .. in a P•aaonabl7 11afe condition. 'l'he Cit7 qre11a to
f<'llow th• ••• polic7 and procedure generall7 followed b7 it with
Pe1pect to etreete or the Cit1 ln the matter or requiring sidewalk
repair• and control or vegetation to be macle b7 or at the ~nae
ot abutting ownere who are under legal obligation to pertorn 11uch
work.
. '
Maintenance of warning and regula toey signs, traffic control
deTicea, and hi~way lighting racili ties ae hereinafter referred,
to •hall include upkeep and. repair or the supports, as well as
auob other it8111s Which are an integral part or the 1natallat1on.
Care or landscaped tU'ee..'I, ornamental plantings, trees, and
road aigna 1 and the upkeep and operation of traffic 11ignals and
hildlway lighting faciliti8o locatod or baaed within the Improved
Roadside area shall not be undertakon by City unle~• such work
is specifically delegated un.der Section 22 or the Agreement.
Bridges, as defined under Section 12, will be investigate~
by a representative or the Dl'>partment' s br:l.dge engiueering staff
once each year and oftener, if conaidored neoeas1ll'7. In addition
to such annual investigation, routine maintenance to be pertorRed
under proviaic'M of the Agreement shall include monthly iMpection
ot' each bridge by qualified personnt'l and illlllledtate repair of the
1111l1or detects when the cost does not exceed $300. 'l'he District
Engineer shall be 1111medlately notified or major detects as are
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hereinatter defined.
Bl-iclge repair work costing in excess or ~JOO on a Dingle
1truotUl"e shall be considered as being a major r&pair project.
Except ln the case or emergency, such major repair projects
shall confo1'111 tl:> tho methods and procedure to be recOlal'llended
b7 the Department. Major bridge repair is not a routine
maintenance operation and will require specirtc authorization.
TRA""FIC SERVICB
J..4.• WARNING, AND REGULATORY SIGNS shall conform to the
speclfioations adopted by the Department, or ao othe:rwise
sp~cifically authorized by the Department. Pos1t1on1ng or
such signs shall conform to standards adopted by the Depart-
ment.
Unless 11pecifically authorized, the De,partment will not
maintain or pay for maintenance of Regulat,?ry Signs installed
for the purpose of utopping vehicular traffic at pedestrian or
echool crossings nor the Regulatory Signs installed for the
prohibition or t1e regulation of parking.
15. TRAFFIC STRIPE AND PAVEMENT MARKINGS shall contorm to
the Standards established by the Department.
Except for the red "No Parking" zon11s at the 911proach to
and exit from intersections controlled by traffic signals, the
Department will not pay for curb painting or parking llnas u
may otherwise be required for the regulation or parking.
The coet of maintalnlng pedeetrlan crosswalks at lr.ter-
sectlons shall be shared between the Department and Clty ln the
sa..,e ratio as the number of lntereect1ng roads or str:aets under
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3urt1d1ction ot the respective agencies bears to the total m:mber
ot intersecting City Streets, State Highways and County Roads
vtthin tbe partloular intersection; for example, a SO-SO baata
will appl7 to the regular croaa-atreet lnteraectlon wherein a
Count7 Road la not a tactor.
16 0 TRAFFIC SIGNALS, FLASHERS OR OTHER EL~CTRICALLY OPERATED
TRAFPIC CONTROL DEVICES: · The coat, of maintaining and operating
trattlc algnal• or other electrically operated trattlo control
deTloea now ln place or those wh~tch may hereatter be lnatalled
at the lnteraeotlon of l.llJ' State highway route and an7 Ctt7 street
shall be shared between the Department and the City on the baala1 ot
the number or intersection streets in the B811le manner apecltled
tor croaawalkB under Section lS.
17 • HIGHWAY LIGHTING: The Department will not pay for the
maintenance, inatallation, repair, servicing, nor power tor electro-
llera nor ordinary street lighting; however, lighting at interaecttona,
when required for the safety of persons using the streets, roadways or
hip:hwaya, v~ll be paid tor when approved and 11peciticall7 authorized
by the District Engineer. Where such lighting has been 11pecitlcall7
authorized at an intersection, the maintenance and operating coats
thereof shall be shared between the Department and the City on the
baala or the number of intersecting streets to the intersection 1n
the s1me manner specified for pedestrian crosswalks under Section 15.
16. TRAFFIC CONTROL DEVICES AJD HIGHWAY LIGHTING FACILITI~ as
d&fined under paraRr~phs 16 and 17 above, which are installed
subsequent to the execution of th,is A;::eement ~ shall become subject
to the terms and condt tlons of this Agreement upon no·tlce to the
~>'J(;'t> ·;t{· \1·· .
OltJ' f'Na the Department or the ocimpletion or aq suab in.wt.allation. ·
PERMirS
19. · BBCROACBMU'l' PERMI'l'S: When authorit7 to i••wi Encroachment
.Penalt• 1• delegated to the Ctt7, the authorlt7 •hall pel't&ln to
all pvt• or the htghva7 throughout the partloular length· or
atreet• indicated under Section 22 or the Agioeement. Pe.l'IBit• •hall
be t11ued on a ro.l'll provided by the Department and the Olt7 will
.tarnl•h •-oon or each pol'lll1t to the Department. The Ctt7 agrees
to tollov suoh general State pol1o1e• reg8l'd1ng en.oroaobments u
ma7 be 1pectt1ed b7 the District Engineer. Routine permits shall
be handled by the Ott,-vtthout appro't'al, but prlor appro't'al or the
Dlatriot Engineer shall be secured before aiq peNit i• issued tor
the ortglnal loetallation or a117 ut1lit7 llne, commercial dri't'eway,
or other major encroachment within the highw11:1 right-ot-va7. No
. ;
stgn or marquee shall be permitted to be installed within or project
be,-ond the curb lino or theoretical curb line, and no algn or 1.f11r
k1nd except warning •igna at railroad croaoiag• •hall be pel'lllitted
to be auapended over the roadva7. MarqueetJ or 1tg1111 extending
over the sidewalk area 1hall contol'll to the a1.ty1 1 8111ld1ng Code
and •hall be maintained to a good. appearing and atruoturall7 aate
condition at all ttmea. An e:a:tatirig sign or aarquee auaponded or
projecting over the State highway that constitutes a h&aard shall
bo 111111.ediatel,-repaired or removed.
Ir the Cit,-b7 ordinance or other regu.l.ation 111\\poaea .aore
reatrictlve regulatlona and requlrmnenta regard.log algna and
marquees than above eat forth, nothing in these provlalona shall
be ooaatrued to prevent the Clt7 fr{'llll entorclng such roatrioti't'I
regulatlona 1n the granting or ret'uaing or pel'lllita with reapeot
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< .to ani ~tate highwq.
· ·~ De1»artment will pay tor the cost ot inopeotlon ot a'lioh
.. :,aigna, aUoqueea, and othel' enaroachments as a pa:rt. ot maintenanoe,
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,Pl'OTlcled that the Cit7 ahall comply with its uaual polio7 with
. ·. reapeo1Fto OClllocting coats i'l'Ollt pel'llllteea in 1uoh cue1 aa feea
or charp1 1re made b7 the City tor similar work on Ci'.i7 atreeta.
~ .. ount ao collected by the City with reapeot to 1117 State
h1ghwq ahall be credited against the charge• made by the City
tor such work.
20. TRANSPORTATION PERMITS: Transportation pel'lllita will be
required for all vehicles and their loads which exceed the
llmitation1 specified under Division 15 or the California Vehicle
Code. Where authority to issue Transportation Pel'lllits ls delegated
to the City, such authority chall pertain only to travel that
originates and terminates within the corporate limits a1ld it shall
not apply to through haul tra.naportat 4.on. In iasu1ng 1uoh permit•,
the Cit7 shall follow the policies and regulations established by
the Departlllent tor the 11111uance or transportation permtts u aet
out in the Department's Maintenance Manual or Instructions ln
effect at the time such permits .are issued, includlllflt a~o1ticall7,
llmitations upon the croaa1ng of bridges and overoroaB1ngs detailed
in Section 26.63 and Plate 118 thereof.
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IV'-<lCl-Cupertino
July 1, 1964
· 2lo ROUTB. Dl!lSCRIP'l'IClN
ROOTB
10.
85
(Formerly
Route 114)
. LENGTH
MILES DESCRIPTION 011' ROUTIHO
. ;
1.48 Saratoga-Sunnyvale Road from oouth city·
limits approximately 100 feet south of
Kirwin Avenue to city 1~.mits at LucJlle
Avenue; a length of a.pproxima tely i. l+LJ.
milt 1 for this portion; also, Saratoe;a-
Sunnyvale Road f'rom city limits at
Homestead Road to north city limits 231
feet north of Homestead Road; a Jength
of approximately O. 01+ mile· a total
lenr;th of approximat.ely l.f+s miles •
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IV-SCl-Cupert1no
July l, 1964 ,
>:,,, : 22. JSLBGA!'IOIJ OP'llADDlfAlfClh 'l'he •1nt•nanoe. work to. be P•rtoiwtd.
;\·::~<~<·'~·.:·:.~_<·-·::~· _._·.' ,,·· -:_,',·~._ .·: ·. '' .-~ '-' -'•
·~''i]?,}'X1>~('91ti and.(01" ~Nrtment at.all oontom to the proviaiona heNot and
;',~~/:~~.~ahdll,tnol·· th011• opeNtions aa· hei-einatter 1ndioated: ·. ··
:s}~->~~>< ·--, .. ·.-. . . .
. :.:
;r . ·JiAD'!Blfoal J'Ulforlflf • ..... JI •
ACIBll'Of TO PBIUIO~ WORK:
KTK• ~1. •· 11u. KT.llrie ·•D.;.-. .-i.~ ~
85 .
,.., .... "' .... ~ .... ! .... ~ ....
'" '" .! '" 0 0 . 0
{Roadbed ••••••••••••••• x
i· Improved Roadside ••••• x .
Unillproved RO.'ldside ••• x
2 Bridges and Culverts, •• x
·CJuide Signs .••.•.••.•. x
Warning Signe •••.•••.• x
Regulatory Signe •••••• x
3 Tr&ttio Stripe ........ x
Pav~ment Markings ••••• x
'l'riLttic fl1gna1·11 ••••••• x
:t,Ughwa;r Light,ing, ••••• x
Gila.rd Ra.11 ••••••• , •••• x
lledian·Barriere ••••••• . '
x
4 Sweeping and Cleaning· •• x (l) (2)
5*fI.aridecaped Areas.'• •••• x
Treog .•.•............. x
6 ' CUrbe and Sidewalks •••• x
ISSUANCE OP PERMITS
Encroachment; .•.•...•.. x
Traneoorta tion •••• · ••••. x
*When and ae specifically a11,t:1orized by the District
provided under Section 13 hereof.
.... ,..,
~ ....
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0
.
(3)
Engineer aa
Lerutth of street to be cleaned Curb miles • ... . lf U fl II 11 11 ----ft 11
II
II
II
II
II
II '
II
II
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II " II II
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.. ·",'23~·:21.·1·1.BXPENDITURE AUTHORIZATION: The Department . will re1mbur•• .
. _-';\: ... ~'--:' .:~::>:,7t:'.· .. i:_~'.1~: ,·_;·.,; ':-:.~---,. :' •' . . . ' ' ,' _, -.
;Clt7,'A,1.'C)%' actual cost or all maintenance work perfol'llled ~ Ott7
· .. u delegated umer section 22, but it i11 agreed that during •DT
rtaoal ·J'9ar, the maximum expenditure, per mile on .aDT route shall
' -··
not··exoeed the amount as shown on page 14 hereof (of the Agreement),
unless such. expenditure is revi1ec! by an amended AgNGment or
otherwise adjusted or modified as herelnafter provided for.
The expenditure per mile for routine maintenance work as
referred to above may be increased or decreased or an additional
expenditure ro,.. specific projects may be made when such specittc
work or adjuatment of expenditure for routine maintenance is
specifically authorized in writing by the State Highway Engineer
or his authorized representative. Additional expenditures or
adjustment of expenditures thua authorized shall apply durins
the f'J.1cal year designated therein and shall not be de6111ed to
pel'lllanently modify or change the basic max1m'Llll expenditure per
mile as hereinafter specified. An adjustment ot the aax~um
expenditure shown on page 14 here or (or the Agre-ent) 1 either
increase or decrease, shall not affect other term. ot the
Agre-ent.
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LENGTH MILES. -
1.48
'\
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lV-SCl-Cupertlno
July 1, 1964
MAXIMUM EXPElfDI'lU!!B PER ·.MILE ..
$0.00
of' ~paent. Mteri&la and labor .to cover oyerbead ooata~ .·
'' .' ' ' '' . ' . '. -. •, ···' --,-', -) .
. a5. '1'BRll OP AdHBBllDt: Thia Agreaent shall. beoOae 'etf';,ct:ive.
_ JulY l, 1964 and shall re•in in tull 1'oroe and ef'f'ect
lUl.til amended or terminated,
'l'be Agreement as above may be 8.lll!nded or terminated at
any tille upon 1111tual consent or the parties tbereto or upon
thirty days• notice by either party thereof to the other,
IN Wl'l'NESS WHEREOF, the parties hereto have set their hands
and seals the day and year first above written •
. Approval Recommended:
city c!erk
STATE OF CALIFORNIA
DEPAR'l'MENT OF PUBLIC WORKS
DIVISION OF HIGHWAYS.
J. C, WOMACK
STATE HIGHWAY ENGINEER
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... / Deputy"1ffi.~hiiay Erigfue,'r
i_ JUN 2 2 64 · . By ________________________ _
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