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O022CITYIS COPY RESOLUTION 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 El 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 "), 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, NR 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 El Segundo, County of Los 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, said point being the intersection of the center line of Imperial Highway and 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 a point in the South line of Imperial Highway; thence West along said South line of Imperial Highway a distance of 17. 50 feet to the true point of beginning; thence South 415.00 feet parallel to the East line of Douglas Street; thence East parallel to the South line of Imperial Highway a distance of 17. 50 feet to a point in the East line of Douglas Street; thence South along the East line of Douglas Street a distance of 909. 00 feet more or less to a point; thence westerly parallel to and 1369.00 feet South of the center line of Imperial Highway a distance of 50. 00 feet; thence north- erly parallel to the East line of Douglas Street a dis- tance of 790. 00 feet; thence easterly parallel to and 579. 00 feet South of the center line of Imperial High- way a distance of 20. 00 feet; thence northerly parallel to the East line of Douglas Street a distance of 534. 00 feet; thence easterly parallel to and 45. 00 feet South of the center line of Imperial Highway a distance of 12. 50 feet to the point of beginning, hereinafter referred to as the "NR encroachment" for the purpose of using the same for parking area purposes and inter -plant vehicle roadway 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 or erecting on said "encroachment portion" a suitable and efficient reflector - ized barricade and bumper system for parking area and roadway for inter -plant vehicle traffic, said barricade to be located a mini- mum distance of 3 feet easterly of the east edge of travelled way of Douglas Street. -2- (B) All of said work and improvement, and all materials furnished and used in connection therewith shall be in accordance with City of El 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 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 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 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 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 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 "encroachment por- tion", 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. (H) That this permit shall not become effective unless and until the per - mittee shall have accepted the same and have agreed to the terms and conditions hereof by endorsing its approval and acceptance upon a certi- fied copy of this resolution to be filed with the City Clerk. SECTION 4. That 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 -3- 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 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 and the minutes of the meeting at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this 22d day of March , 1971. ATTEST: / S / Jane D. Hough City Clerk (SEAL) /S/ Gordon T. Stephens Mayor 6T—The . C 0f Segundo, a iforma. 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. 2374 adopted by the City Council of said City at a regular meeting of said Body held on the 22nd day of March , 19 71, and that, as of this date, said resolution has not been repealed or in any way amended. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of El Segundo, California, this A444day of March (SEAL) , 1971. 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 El Segundo, California, this 3/T lay of 14?4Pe / — 197 (SEAL) NORTH AMERICAN ROCKWELL CORPORATION By: R. K. Wilson Staff Vice President -5- 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. 2374 , 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 City, all at a regular meeting of the said Council held on the 22nd day of March , 197 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 �Sl day of March , 197 1 . (SEAL) Cify C er o the aty of egun o, Calif ornia. ME