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CC RESOLUTION 2374RESOLUTION NO. 2374 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, GRANTING TO NORTH AMERICAN ROCKWELL CORPORATION A CERTAIN CONDITIONAL ENCROACHMENT PERMIT TO ENCROACH UPON A CERTAIN PORTION OF DOUGLAS STREET WITHIN SAID CITY. WHEREAS, by Resolution No. 2192 of the City Council of the City of E1 Segundo adopted June 12, 1967, North American Aviation, Inc. was granted a certain conditional encroachment permit to encroach on a certain portion of Douglas Street within said City; and WHEREAS, North American Rockwell Corporation ( "NR's), formerly known as North American Aviation, Inc., has conveyed to The Pacific Telephone and Telegraph Company ( "PT &T ") a parcel of its real property adjoining Douglas Street in the area of said encroachment permit; and WHEREAS, NR and PT &T have jointly requested an amended encroachment permit on the same portion of Douglas Street as the existing permit; and WHEREAS, the said request is accompanied by a map of a proposed layout for parking area and inter -plant vehicle roadway, as shown on said map attached hereto designated as Exhibit "A" showing the location and extent of the encroachment; and WHEREAS, it is desirable that the respective encroachment rights and obligations of both NR and PT &T be clearly defined; 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 said map (Exhibit "A ") be received and placed on file in the office of the City Clerk of the City of El 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 hereinafter set forth PT &T is hereby authorized and permitted to encroach upon a certain portion of Douglas Street within said City and more particularly described as follows: ALL, that parcel of land, situate, lying and being in the City of E1 Segundo, County of I.os Angeles, State of California, bounded and described as follows: COMMENCING at the Northwest corner of the Northeast Quarter of Section 7, Township 3 South, Range 14 West, S. B. B. & M. ; thence East along the North line of said Section 7, said line also being the center line of Imperial Highway, a distance of 1375. 60 feet more or less, to a point, the said point being the intersection of the center line of Imperial Highway with the northerly prolongation of the East line of Douglas Street; thence South along said northerly prolongation of the East line of Douglas Street a distance of 45. 00 feet to the true point of beginning; thence South along the East line of Douglas Street a dis- tance of 415. 00 feet; thence West parallel to and 460. 00 feet South of the center line of Imperial Highway a dis- tance of 17. 50 feet; thence North parallel to the East line of Douglas Street a distance of 415. 00 feet; thence East a distance of 17. 50 feet to the point of beginning, hereinafter referred to as the "PT &T encroachment" for the purposes of using the same for a parking and planting area in the manner and for the period as hereinafter set forth. SECTION 3. That the terms and conditions upon and subject to which the permit hereinabove referred to is authorized and granted are the following: (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; and constructing on said "en- croachment portion" a planter area with raised curbing and planting trees and shrubbery within the planter area. (B) All of said 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 installed and finished to the satisfaction of the City Engineer of said City. (C) That the said "encroachment portion" shall at no time block the ingress and egress to adjacent off - street parking lots and The Atchison, Topeka and Santa Fe Railway Company siding. (D) 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 -2- I t (1 -.:I the improvements in or upon said "encroachment portion" so long as this permit remains in effect. (E) That said permittee by acceptance of this permit shall thereby agree to indemnify and save the City of E1 Segundo, it officers, agents, servants and employees harmless 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 facilities, appurtenances and materials in or upon said public thoroughfare. (F) 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 specifically 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 permit - tee is afforded an apportunity to be heard before said City Coun- cil 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 hearing. The decision of the City Council in said matter, however, shall be final and conclusive. (G) That in the event this permit is revoked, the permittee shall at its own cost and expense promptly remove from the "encroach- ment portion ", if the City Council so requires, any improve- ment or portion thereof which the City Council in its discretion may designate for such removal, if any. (H) 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 accept- ance upon a certified copy of this resolution to be filed with the City Clerk. SECTION 4. Resolution No. 2192 adopted June 12, 1967, is hereby repealed, effective upon permittee's delivery to the City Clerk of the endorsement provided for in Section 5 hereof, or on April 22, 1971 , whichever occurs first. SECTION 5. That the City Clerk shall furnish to said permittee three (3) certified copies of this resolution and one (1) of such certified copies shall be returned to the City Clerk with the endorsement 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 copies thereof so endorsed and filed shall constitute and be the actual authority and permit in the premises. SECTION 6. That the City Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the book of original reso- -3- lutions 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 and the minutes of the meeting at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this 22nd day of MARCH , 1971. ATTEST: i (SEAL) -4- STATE OF CALIFORNIA, ) COUNTY OF LOS ANGELES, ) SS CITY OF EL SEGUNDO. ) I, JANE D. HOUGH, , 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. 2374 was duly passed and adopted by the said City Council, approved 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 22nd day of March , l97 1 and that the same was so passed and adopted by the following vote: AYES: Councilmen Balmer, Frederick, McGill. Nagel and Mayor Stephens; NOES: Councilmen None: ABSENT: Councilmen None, WITNESS my hand and the official seal of said City this 23rd day of March , 1971 V-ge�� ad. ,City er o e City of E4-'Segundo California (SEAL)