HomeMy WebLinkAboutResolutions 84-120 N.C.S. 06/04/1984. +rp
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R~ I~esolut`ion ~ _No. ~-120 N. C. S.
of the City of Petaluma, California
AUTHORIZING GRADING OF
MC DOWELL MEADOWS (.formerly New Dawn) SUBDIVISION
AND AUTHORIZING TH'E" EX'ECU'TION OF
AN"AGREEMENT THEREFOR.
WHEREAS, Edward H. Kuykendall of Kuykendall Chatham Developers has
requested permission to grade McDowell Meadows Subdivision (formerly New
Dawn) prior to approval of the final map and improvements plans for said
subdivision by the City; and, '
WHEREAS, this Council has determined that this request should be
granted on the condition. that the Subdivider enter into a written agreement
satisfactory to the City Attorney and the City Engineer, guaranteeing that
final grading- will conform. ,to final map and improvements plans when approved
by the City Engineer; -and,
WHEREAS, Subdivider states it is his intention to enter into a
Subdivision Agreement upon approval of the final map
NOW, THEREFORE, BE IT RESOLVED this Council finds and determines
as follows
1. The grading proposed by Subdivider is not a permanent
improvement as that term is used in Section 20.36.010 of the Petaluma
Municipal Code;
2;. Subdivider shall give an agreement in writing guaranteeing
compli'arice with all City codes and ordinances ' as well as ;compliance with the
requirements for final grading :as determined by the City Engineer.
3 . Subdivider shall -provide . a cash deposit ~ or a surety bond in an
amount satisfactory to the City Manager, securing performance of said
agreement.
.,
4. Said agreement shall provide specifically that any and all liability
arising out of the work performed by the Subdivider., whether such liability
arises from acts or consequences occurring on-site or..off-site shall be the
sole responsibility of the Subdivider.
5. In no event. shall work be commenced on said grading until an
agreement is signed by the Subdivider, and the City of Petaluma, and all
conditions precedent to said work are performed.
6. The City Manager is hereby authorized to execute an agreement on
behalf of the City, .as approved as to form by the City Attorney.
PLANO
Under the power and authority conferred upon this Council. by the Charter of said ~
I hereby certify the foregoing. Resolution was introduced .and :adopted by the
Council of the City of Petaluma at a (Regular) ~~Ic}~jq'u~x}~e~)~ (iS~~c~a~ meeting
on the .....4th.--........ day of ........---June ................:........:.......... 19.._ 8 4 by the
following vote:
AYES: Cavanagh/Balshaw/V.M. Harberson/Mayor Mattei
City Clerk; Mayor
Cotmcil File ...................... ...........
Form CA 2 7181 - ~: No..._8.4._ .2_b...: N . C . S .
NOES: None
ATTEST: .... ....:..- - -- . . .. .............
ABSENT: P y/Batt' B nd
as