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O021RESOLUTION NO. 2345 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, GRANTING TO LA BUENA VIDA COUNTRY CLUB APARTMENTS (HENRY KYLE OWNER) A CERTAIN CONDITIONAL ENCROACHMENT PERMIT TO ENCROACH UPON CERTAIN PORTIONS OF (724 AND 770) IMPERIAL AVENUE WITHIN SAID CITY. WHEREAS, there has been presented to the City Council of the City of El Segundo, California, a request from Henry Kyle, owner of the La Buena Vida Country Club Apartments for an encroachment per- mit on certain portions of Imperial Avenue within said city, as hereinafter described, and which request is accompanied by a drawing designated as "City of E1 Segundo File No. B- 192 ", showing the location and extent of the proposed encroachment; 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. For the purpose of installing a lawn sprinkler system and planting grass and ornamental shrubbery, the applicant, Henry Kyle, owner of the La Buena Vida Country Club Apartments, is hereby authorized and permitted to encroach upon a certain portion of Imperial Avenue within said city, more particularly described as follows: A portion of Block 12, Tract 1685, as per map recorded in Book 21, Page 98, in the office of the Recorder of the County of Los Angeles, located in the City of El Segundo, County of Los Angeles, State of California, described as follows: The northerly 4. 50 feet of the southerly 9. 50 feet of Imperial Avenue from 159. 03 feet West of the center line of Hillcrest Street to 293.06 feet West of the center line of Hillcrest Street (Lot 2), and from 42 7. 09 feet West of the center line of Hillcrest Street to 591 feet f West of the center line of Hillcrest Street (Lot 4 and a portion of Lot 5), and all that portion cf Imperial Avenue lying South of the southerly curb line of Imperial Avenue and West of a line parallel to and 591 feet f West of the center line of Hillcrest Street (portion of Lot 5). Containing 0.03 acre. 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: (A) The lawn sprinkler system, grass and ornamental shrubbery, and all materials furnished and used in connection with the installation autho- rized under this permit, 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 of, and must be installed and finished to the satisfaction of the City Engineer of said city. (B) That the City of El Segundo is to be put to no cost or expense in connection with the construction, maintenance or repair of the lawn sprinkler system and the grass and ornamental shrubbery installed and planted in or upon said "Encroachment Portion" so long as this permit remains in effect. (C) That said permittee by acceptance of this permit shall thereby agree to indemnify and save the City of El Segundo, its officers, agents, ser- vants 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 the public thoroughfare. (D) 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 specifi- cally 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 ques- tion of such revocation upon at least ten (10) days' prior written notice to said permittee of the time, place and purpose of such hearing. The deci- sion of the City Council in said matter, however, shall be final and conclu- sive. -2- (E) That in the event this permit is revoked, the permittee shall at his own cost and expense, promptly remove from the "Encroachment Por- tion, " if the City Council so requires, the lawn sprinkler system or portion thereof which the City Council in its discretion may designate for such re- moval, if any. (F) 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 endorsement of the permittee's approval and acceptance of the authority and permit herein granted, upon and subject to the terms and condi- tions 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 reso- 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, in the minutes of the meeting at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this 21st day of September, 1970. ATTEST: /S/ Gordon T. Stephens o t e Uty of egun o, Ca i orma. /S/ Jane D. Hough -amity C er (SEAL) -3- STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, JANE D. HOUGH, City Clerk of the City of E1 Segundo, do hereby certify that the whole number of members of the City Council of said City is five, that the foregoing resolution, being Resolution No. aZ, was 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 an adjourned regular City, all at /ac regular meeting of the said Council held on the 21st day of September , 1970 , 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 September , 197 0 (SEAL) K ity Clerk of t e City o egun o, Calif ornia. STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, Jane D. Hough, City Clerk of the City of El Segundo, California, do hereby certify that the foregoing is a full, true and correct copy of Resolution No. 2345 adopted by the City Council of said City at an Adjourned regular meeting of said Body held on the 21stday of September , 1970, and that, as of this date, said resolution has not been repealed or in any may amended. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of El Segundo, California, this 23rdday of September, (SEAL) 197 0 The undersigned permittee, named and designated in the fore- going resolution, does hereby accept the encroachment permit therein authorized and granted, upon and subject to the terms and conditions therein expressed. Dated at E1 Segundo, California, this day of 197o (SEAL) La Buena Vida Country Club Apartments By. ME