1989-189-Issue A Revocable Encroachment Permit For Construction Of A Concrete Sidewalk On Frank Avenue (Behind 16920 Farley Rd)RESOLUTION 1989 -189
RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING
TOWN ENGINEER TO ISSUE A REVOCABLE ENCROACHMENT PERMIT
FOR
CONSTRUCTION OF A CONCRETE SIDEWALK ON FRANK AVENUE (BEHIND 16920 FARLEY RD)
WHEREAS, the property owner at 16920 Farley Road has agreed to con-
struct and maintain a concrete sidewalk within the planter strips.
WHEREAS, the Town and the property owners have agreed on the scope
and maintenance of the work to be done both in the public right -of -way and on
private property behind 16920 Farley Road and the designated area of
encroachment.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Los
Gatos that the Town Engineer is hereby authorized to execute the Revocable
Encroachment Permit for construction and maintenance of a concrete sidewalk at
16920 Farley Road, a copy of which is attached hereto, as Exhibit 1, on behalf
of the Town.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos held on the 16th day of October, 1989 by the following vote:
AYES: COUNCIL MEMBERS Eric D. Carlson, Robert L. Hamilton
Joanne Benjamin. Thomas J. Ferrito
NOES: COUNCIL MEMBERS
ABSTAIN
ABSENT:
ATTEST:
COUNCIL MEMBERS
COUNCIL MEMBERS Brent N. Ventura
SIGNED:
CLERK OF THE TOWN OF !LOS GATOS
TC 10;16- 7/ENG01
TOWN OF LOS GATOS
A Revocable Encroachment Permit is authorization from the Town Council to
construct and maintain private improvements within the Town's right-of -way or
easement until such time as the Town gives notice that the improvement shall be
removed. No compensation is made for the removal of such encroachments. These
improvements are generally fences or gates. The Revocable Encroachment Permit
is recorded and runs with the land. The property owner, under the permit,
assumes all liability of the encroachment.
I. APPLICATION
A. Application for a Revocable Encroachment Permit shall be made to the
Engineering Department. The following items shall be submitted:
-'I. . Letter of Justification for the permit. 1v[ / 67( �Z-Y
2. Map (81 X 11) and legal description of the area requested for
private use.
V3• $300 processing fee (non - refundable).
4. - Copy of plans for improvements to be made. C-
5. Copy of deed to property adjacent to area requested for private
use. bw n r,uS
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II. PROCESSING J
A. The Engineering Department will determine if there are any safety
issues or interference with utilities or other public structures.
This will include contact with other Town Departments and the various
utility companies.
H. If the Engineering Department determines that there is a safety issue
or other conflict, you will be informed and may have the opportunity
to revise the proposed improvement to eliminate the conflict.
C. If a safety issue cannot be eliminated, the Engineering Department
will recommend to the Town Council against approving the Revocable
Encroachment Permit.
D. If there are no problems with the Revocable Encroachment Permit, the
request will be forwarded to the Town Council. along with a
resolution requesting authorization for the Town Engineer to issue
the Revocable Encroachment Permit to the applicant.
�KNiBIT' Z
9. The PERMITTEE agrees to indemnify, defend, and hold harmless the Town from
any claim of liability, resulting in any way from use, occupancy, or activities
on any portion of the Town land.
This permit is not effective until signed by, the Town Engineer of the Town of
Los Gatos and recorded in I the Office of the Sahta'Claia',County ,Recorder.
Dated:
TnWK f)P Tnq rATM
APPROVED AS TO FORM:
V
Dated: )f1 / r,
Mary�Jo Le ) �4nger. Town -Attorney
ATTEST:
Dated:
Marian V. Cosgrove, Towrk,;Clerk
ACCEPTANCE OF REVOCABLE ENCROACHMENT PERMIT
PERMITTEES do hereby accept the above Revocable Encroachment Permit, subject to
and in agreement with conditions listed above.
Dated:
Evdlyn Hail Watson
SIGNATURES. MUST _BLACK ..INK ,T-.BE-,,T.N BLACK I'll, 1-1-m " , 1 I I I I
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