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CC RESOLUTION 1537J_ "ib RESOLUTION NO. 1537 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, GRANTING TO JONAS AND ESTHER BIENENFELD A CERTAIN CONDITIONAL ENCROACHMENT PERMIT TO ENCROACH UPON A CER- TAIN PORTION OF LAIRPORT STREET, WITHIN SAID CITY. WHEREAS, there has been presented to the City Council of the City of El Segundo, California, a request from Jonas and Esther Bienenfeld, of 9624 Belanca Avenue, Los Angeles 45, California, for an encroachment permit on a portion of Lairport Street within said City, as hereinafter described, which request is accompanied by a map of a proposed parking layout, designated "ENCROACHMENT ON LAIR - PORT STREET ", showing the location and extent of the proposed en- croachment; and WHEREAS, after due consideration of said matter, the City Council believes that the action hereinafter taken, subject to the terms and conditions hereinafter expressed, is indicated in the premises; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SE- GUNDO, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the said map ( "ENCROACHMENT ON LAIR- PORT STREET ") be received and placed on file in the office of the City Clerk of the City of E1 Segundo and as so on file that it be referred to and by this reference incorporated herein and made a part hereof. SECTION 2. That subject to the terms and conditions hereinafter set forth, the said applicants, Jonas and Esther Bienenfeld, are hereby authorized and permitted to encroach upon the westerly 8 feet of that portion of Lairport Street within said City, described as follows: - 1 - The westerly $.0 feet of Lairport Street from a point 435.60 feet south of the south line of Maple Avenue to a point 681.60 feet south of the south line of Maple Avenue, hereinafter referred to as the "encroachment portion ", for the purpose of improving and using the same for the parking of motor vehicles thereon to the extent, in the manner and for the period as hereinafter set forth and contemplated. The 4 foot strip of property which lies between said "encroachment portion" and the westerly curb line of said portion of said Lairport Street is hereinafter referred to as the "sidewalk portion ". SECTION 3. That the terms and conditions upon and sub- ject to which the permit hereinabove referred to is authorized and granted are the following, to wit: (A) That both the said "encroachment portion" and the said "sidewalk portion" shall be improved by said permittee at its own cost and expense by grading the same to grades as furnished by the City Engineer of said City; by paving the same with asphaltic concrete; and con- structing in. place on said "encroachment portion" a suitable and efficient wheel block or bumper which shall effectively prevent the bumpers or other parts of vehicles from at any time being or extending from said "encroachment portion" into said "sidewalk por- tion". (B) All of said grading, work and improvement, and all materials furnished and used in connection therewith shall be in accordance with City of El Segundo Stand- ards for such type of work and improvement and all designs, materials and work shall be subject to the approval o£, and must be installed and finished to the satisfaction of the City Engineer of said City. - 2 - 'J 'i jx� d (C) That the City of E1 Segundo is to be put to no cost or expense in connection with; (1) the construction, maintenance or repair of the improvements in or upon said "encroachment portion" so long as this permit re- mains in effect; or (2) the construction cost inci- dent to said initial improvement of said "sidewalk portion" as contemplated herein. (D) That said permittee by acceptance of this permit shall thereby agree to indemnify and save the City of El Segundo, its officers, agents, servants and employees harmless from any and all loss or damage which may be occasioned to, or suffered by, either persons or prop- erty as a result of the exercise by permittee of any rights granted under this permit, or from the parking of vehicles, or the existence of any improvements, structures, barriers, wheel blocks or bumpers in or upon said "encroachment portion" or which may arise by virtue of, or be due to the existence of said en- croachment facilities, appurtenances and materials in or upon said public thoroughfare. (E) That this permit is temporary only and may be revoked by the City Council of said City at any time on sixty (60) days written notice of such revocation to said permittee, which right said City Council does specific- ally reserve. Such revocation may be made for any reason which the City Council, in the exercise of its sole discretion, deems sufficient. No such revocation, however, shall be made or ordered unless and until the permittee is afforded an opportunity to be heard before said City Council on the question of such revocation upon at least ten (10) days prior written notice to said permittee of the time, place and purpose of such - 3 - hearing. The decision of the City Council in said and matter, however, shall be final /conclusive. (F) That in the event this permit is revoked, the permit- tee shall at its own cost and expense promptly remove from the "encroachment portion«, if the City Council so requires, any improvement or portion thereof which the City Council in its discretion may designate for such removal, if any. (G) That this permit shall not become effective unless and until the permittee shall have accepted the same and have agreed to the terms and conditions hereof by en- dorsing its approval and acceptance upon a certified copy of this resolution to be filed with the City Clerk. SECTION 4. That the City Clerk shall furnish to said permittee as many certified copies of this resolution as permit - tee may reasonably require and one of such certified copies shall be returned to the City Clerk with the endorsement of the permit- tee's approval and acceptance of the authority and permit herein granted, upon and subject to the terms and conditions herein ex- pressed. This resolution and the certified copy thereof so en- dorsed and filed shall constitute and be the actual authority and permit in the premises. SECTION 5. That the City Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the book of original resolutions of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted. Passed, approved and adopted this 24th day of August, 1955• ATTEST: Mayor pro tem of the City o E1 Segundo, California. ty er (SEAL) - 4 - STATE OF CALIFORNIA, ) COUNTY OF LOS ANGELES, ) SS. CITY OF EL SEGUNDO. ) I. Neva M. Elsey, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of the said City is five; that the foregoing re- solution, being Resolution No. 1537, was passed and adopted by the said City Council, approved and signed by the Mayor pro tem of said Cityp and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 24th day of August, 1955, and that the same was so passed and adopted by the following vote: AYES: Councilmen Frederick, Gordon, Swanson and Mayor pro tem Baker; NOES: Councilmen None; ABSENT: Mayor Selby. WITNESS my hand and the official seal of said City this 25th day of August, 1955. (SEAL) - 5 - � the Clerk o t e C' y of El Segundo, Califor a. M iti i v `