HomeMy WebLinkAboutResolutions 84-185 N.C.S. 07/16/1984~- :,• 84-.185
1~esolution .No. _ 1~1. C. S.
of the- City of Petaluma; California
AUTHORIZING GRADING OF
MAGNOLIA HILLS TOWNHOUSES SUBDIVISION
AND AUTHORIZING THE CITY. MANAGER TO EXECUTE
AN AGREEMENT- THEREFOR.
WHEREAS, Mogel Engineering, Inc. , on behalf of the developer, has
requested permission to grade Magnolia Hills Townhouses Subdivision prior to
approval of the final map and improvements plans for said subdivision by the
City; and,
WHEREAS, this Council has .determined' than ~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: 'for same;
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
compliance with all City codes and ordinances as wel-1 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 th.e 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. Authorizing grading and execution of an agreement subject to:
a. Compliance with the Erosion Control and
Grading Ordinance;
b . The Planning Department's prior approval of a
method of preservation of existing trees;
7. The City Manager is hereby authorized to execute an agreement on
behalf of the City, as approved as to form by the City Attorney.
~,~~'
Under the power and authority. conferred upon this"Council by the Charter of said City.
I hereby certify the;.foregoing Resolution was: introduced and adopted by the Approved
Council of the Gity of Petaluma at a (Regular)x~~}~ meeting fo
on the .....16.th........... day of ........JULY .......................................... 19.84.., by the
following "vote: `. ~ • ..............•- --...-----••--•-------
PLANO - ity ttorney
AYES: Perry/Battaglia/Harberson/Cavanagh/Balshaw/Vice-Mayor Bond/
Mayor Mattel
NOES: None
ABSENT:. None ~ /~
~ r
ATTEST: ~~"° `-!~,.~ :.................... --•----........... ---..:... ..: _::-- •---..... .:-•---•--.._..---.......-------•
Ci y Clerk Mayor
Cotmcil File..._.-...._._ ....................
Form ,CA:2 7/81 Res. No...$ 4~ 1$.5....~I-s C • S .