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CC RESOLUTION 1877b RESOLUTION NO. 1$77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, GRANTING TO UTILITY CABINET COMPANY, A CERTAIN CON- DITIONAL ENCROACHMENT PERMIT TO ENCROACH UPON A CERTAIN PORTION OF MAPLE AVENUE WITHIN SAID CITY. WHEREAS, there has been presented to the City Council of the City of El Segundo, California, a request from Utility Cabinet Company for an encroachment permit on a portion of Maple Avenue within said city, as hereinafter des- cribed; 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 SEGUNDO, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That subject to the terms and con- ditions hereinafter set forth, the said applicant, Utility Cabinet Company, is hereby authorized and permitted to en- croach upon a certain portion of Maple Avenue within said city, and more particularly described as follows, to wit: The northerly 9.00 feet of Maple Avenue lying between lines parallel to and dis- tant westerly 1336.02 feet and 17$5.62 feet respectively, from the center line of Nash Street, and as shown on the attached map, Drawing No. 93, "Encroach- ment Permit for Utility Cabinet's which is hereby incorporated in and made a part of this document, hereinafter referred to as the "Encroachment Portion ", for the purpose of improveing and using the same for parking area purposes in the manner and for the period as hereinafter set forth and contemplated. SECTION 2. That the terms and conditions upon and subject to which the permit hereinabove referred to is authorized and granted are as follows, to wit: - 1 - (A) That the said "Encroachment Portion« shall be improved by said permittee at its own cost and expense by grading the same to grades as approved by the City Engineer of said City; by paving the same with asphaltic concrete. (B) All of said grading, work and improvement, and all materials furnished and used in connection therewith shall be in accordance with City of E1 Segundo Standards for such type of work and improvement and all designs, materials and work shall be subject to the approval of, and must be in- stalled and finished to the satisfaction of the City Engineer of said City. (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 remains in effect; or (2) the relocation of existing fire hydrants, water meters and other utilities that lie within the TTEncroachment PortionTT, to a position or location satisfactory to the City Engineer of said City. (D) That said permittee by acceptance of this permit shall thereby agree to indemnify and save the City of E1 Segundo, its officers, agents, servants and employees harm- less from any and all loss or damage which may be occasioned to, or suffered by, either persons or property as a result of the exercise by permittee of any rights granted under this permit, or be due to the existence of said encroachment fac- ilities, appurtenances and materials in or upon the 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 the said City Council does specifically reserve. Such revocation may be made for any reason which - 2 - ,:K% L 'i 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 pur- pose of such h� aring. The decision of the City Council in said matter however, shall be final and conclusive. (F) That in the event this permit is revoked, the permittee 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 discrition 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 endorsing its approval and acceptance upon a certified copy of this resolution to be filed with the City Clerk. SECTION 3. That the City Clerk shall furnish to said permittee as many certified copies of this resolution as permittee may reasonably require and one of such certified copies shall be returned to the City Clerk with the endorse- ment of the permittee's approval and acceptance of the authority and permit herein granted, upon and subject to the terms and conditions herein expressed. This resolution and the certified copy thereof so endorsed and filed shall constitute and be the actual permit in the premises. SECTION 4. 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 - 3 - City, in the minutes of the meeting at which the same is passed and adopted. Passed, approved and adopted this 10th day of August, 1959. Mayor the Ci o E1 Segundo, California ATTEST: City Clerk (SEAL) STATE OF CALIFORNIA, ) COUNTY OF LOS ANGELES ) Si. CITY OF EL SEGUNDO ) I, Eunice U. Creason, City Clerk of the City of E1 Segundo, California, do hereby certify that the whole number of members of the City Council of the said City is five; that the foregoing resolution, being Resolution No. 1$77, was passed and adopted by the said City Council, ap- proved and signed by the Mayor of said City and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 10th day of August, 1959, and that the same was so passed and adopted by the following vote: Ayes: Councilmen Baker, Frederick and Mayor Benfield; Noes: None; Absent: Councilmen Gordon and Meschuk. WITNESS my hand and the official seal of said City this 11th day of August, 1959• (SEAL) - 4 - City Clerk of the City of E1 Segundo, California ., . DRAWING NO. 93 ENCROACHMENT PERMIT FOR UTILITY CABINET 5