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HomeMy WebLinkAboutReso 5948-1972 RESOLUTION NO. 5948 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING ISSUANCE OF REVOCABLE PERMITS. WHEREAS, the City Council desires to authorize issuance of revocable permits for the construction of fences in City easements in front yards adjacent to sidewalks in residential areas, said permits to be issued by the City Clerk upon recom- mendation and approval of the Director of Ecological Develop- ment; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that: 1. The City Clerk be and he is hereby authorized to issue revocable permits for the purpose hereinbefore recited substantially in the form hereinafter set forth, when the Director of Ecological Development has endorsed thereon his approval of same. 2. The revocable permit shall read substantially as set forth in Exhibit A attached hereto. 3. The City Clerk be and he is hereby authorized to record or cause recordation of the permit in the official records of the County of San Marco. I hereby certify tha~ the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a held on the 2nd day of OcTober the following vote: reeu I ar meeting , 19 72 , by AYES, COUNCILMEN PaTrick E. Ahern, Gordon T. Boblli-k, Wl lliam A. Borba, F, Frank Mammini and Warren STelnkamp NOES, " None ABSENT, " None EXHIBIT A RE VO CAB LE PERMIT USE OF A PORTION OF A RIGHT OF WAY ADJACENT TO LOT , BLOCK' , (Map Description), BOOK , PAGE , S;d~ MATEO COUNTY RECORDS ( (Fermittees) PURSUANT TO City Council Resolution 5948 passed October 2, 1972, permission is hereby granted to , to use a portion of a right of way adjacent to the sidewalk o.n Lot , Block , (map title), which map was recorded in Book Page , San Mateo County Official Records, on 19 , for the purpose of (improvement description) (hereinafter designated improvement). This revocable permit is issued on the following terms and conditions: 1. City may revoke this permit by giving Permittees · ninety (90) days' written notice. 2. The installation of the fence, maintenance thereof and removal, if 'same is required, shall be at Permittees' sole cost and expense. 3. Permittees acknowledge title of City in and to said easement or right of way and agree never to assail or resist said title or interest. 4. Permittees in using the easement or right of way area shall in no way interfere with or limit City's right to make use of said easement or right of way area. City reserves the right to enter upon said premises for use, inspection or maintenance of said easement or right of way area and Permittees shall bear the cost of removing or relocating the improvement should same be required by City. 1. 5. Permittees shall install or cause installation of the improvement in such a manner as not to damage City or public utility facility or other facilities installed therein and shall maintain the improvement in a good and safe condition. 6. Permittees hereby agree to and do hold City, its elective and appointive boards, officers, agents and employees harmless from any liability or damage or claims for damage for personal injury including ~deat~, as well as for claims for property damage caused by the use of said right of way or easement area for the construction, maintenance and use of said improvement. Per- mittees agree to and shall defend City, its elective and appointive boards, officers, agents and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, 'by reason of the proposed use of said easement area. 7. This permit to use said right of way or easement area · is made to the extent that the City has the power or authority to \ grant it, and should termination of the use be required by action of the City as hereinbefore set forth, or otherwise, Permittees shall have no claim for loss or damage against the City, its offi- cers or employees. 8. Permittees agree that the terms of this agreement shall be binding upon their heirs, successors and assigns. @. This permit shall become effective when Permittees have agreed to the terms and conditions herein by executing the acceptance hereinafter set forth and filed same with the City Clerk. · EXHIBIT A RECOMMENDATION AND APPROVAL BY DIRECTOR OF ECOLOGICAL DEVELOPMENT: The issuance of the revocable permit for the use of · the portion of the easement for the purpose recited will not inter- fere with City facilities or the facilities installed pursuant to City's authorization and the issuance of said permit is hereby recommended and approved this day of , 19 Director of Ecological Development THE UNDERSIGNED, Permittees herein, accept the afore- going revocable permit on the terms and conditions therein con- tained. Date of Acceptance: PERMITTEES: EXHIBIT A