Patterson City Council
April 5, 2022

1 1 RESOLUTION NO. 2022-17
2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PATTERSON 4 APPROVING A 15-YEAR LICENSE AGREEMENT WITH EDWARD AND MILDRED 5 MARING TO PERMIT ENCROACHMENT ON CITY PROPERTY FOR THE 6 CONSTRUCTION OF PRIVATE IMPROVEMENTS WITHING THE PUBLIC RIGHT7 OF-WAY AT 22 N. DEL PUERTO AVENUE (APN# 131-009-019) 8 9 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 10 Patterson as follows:
11 12 WHEREAS the City of Patterson is authorized by Municipal Code Section 12.20 to issue 13 encroachment permits for encroachment in the public right-of-way; and 14 15 WHEREAS the property owners of 22 N. Del Puerto Avenue have applied for a 15-Year 16 Encroachment Permit; and
17 18 WHEREAS, the City of Patterson has made the following findings:
19 20 1. The private improvements constructed in the public right-of-way will be done in 21 accordance with the approved plans unless otherwise approved by the City 22 Engineer and Public Works Director; and
23 2. The property owners shall be responsible and bear all costs necessary to repair or 24 replace any public and/or private improvements constructed in the public right-of25 way; and 26 3. The property owners for any on-going maintenance, repairs, or liability associated 27 with this agreement and/or encroachment permit; and
28 29 WHEREAS approval of an encroachment permits, and license agreement is subject to all 30 conditions set forth by the City and under the project’s Conditional Use Permit #21-01-; and 31 32 WHEREAS all improvements built in connection with this agreement shall be 33 constructed in accordance with City standards and with the benefit of a Construction Inspection 34 Permit to provide for inspection of said construction, issuance of which is hereby conditionally 35 approved, subject to the payment of inspection fees and posting of required surety to the 36 Department of Public Works.
37 38
39 NOW, THEREFORE, IT IS HEREBY RESOLVED THAT:
40 41 1. The City of Patterson City Council finds the Encroachment Permit and License 42 Agreement is in compliance with the city code; and,
43 2. The City of Patterson City Council approves the Encroachment Permit and 44 License Agreement with Edward and Mildred Maring for construction of private 45 and public improvements within the public right-of-way at 22 N. Del Puerto 2 1 Avenue as described in the attached exhibits and its continuing maintenance by 2 the property owner; and,
3 3. The City of Patterson City Council authorizes the City Manager to execute the 4 Encroachment Permit and License Agreement on behalf of the City of Patterson; 5 and,
6 4. The City of Patterson City Council authorizes the City Clerk to file said 7 agreement with the County Recorder.
8 9
10 The foregoing resolution was introduced at a regular meeting of the City Council of the City of Patterson held on the 5
th
11 day of April 2022, by , who moved
12 its adoption, which motion was duly seconded by , and it was upon roll 13 call carried and the resolution adopted by the following roll call vote:
14 15 AYES:
16 NOES:
17 EXCUSED:
18 19
20 APPROVED:
21 22
23 _____________________________________
24 Dennis McCord, Mayor of the City of Patterson
25 ATTEST:
26 27
28 __________________________________________
29 Aracely Alegre, City Clerk of the City of Patterson
30 31
3 1 I hereby certify that the foregoing is a full, correct and true copy of a resolution passed by 2 the City Council of the City of Patterson, a Municipal Corporation of the County of Stanislaus, State of California, at a regular meeting held on the 5 th
3 day of April 2022 and I further certify
4 that said resolution is in full force and effect and has never been rescinded or modified. 5 6 DATED:
7 8 ___________________________________
9 City Clerk of the City of Patterson
10