HomeMy WebLinkAboutResolution 95-189 08/07/1995 RESOlution No. 95-189 NC.S.
of the City of Petaluma, California
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3 APPROVE GRADING PRIOR TO FINAL MAP APPROVAL
4 FOR MAGNOLIA TERRACE
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6 WHEREAS, the developer, Frank Riordan, has requested to grade prior to approval of
7 the final map and improvement plans for said subdivision by the City; and,
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9 WHEREAS, this Council has determined that this request should be granted on the
10 condition that the Subdivider enter into a written agreement satisfactory to the City
11 Attorney and the Director of Engineering, guaranteeing that final grading will conform
12 to final map and improvement plans when approved by the Director of Engineering;
13 and,
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15 WHEREAS, Subdivider states it is his intention to enter into a Subdivision Agreement
16 upon approval of the final map for same.
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18 1. The grading proposed by Subdivision is not a permanent improvement as that
19 term is used in Section 20.36.010 of the Petaluma Municipal Code;
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21 2. Subdivider shall give an agreement in writing guaranteeing compliance with all
22 City codes and ordinances as well as compliance with the requirements for final
23 grading as determined by the Director of Engineering.
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25 3. Subdivider shall provide a cash deposit or a surety bond to cover the cost of
26 grading, restoration and erosion control. Amount of deposit or bond, securing
27 performance of this work, shall be satisfactory to Director of Engineering and
28 City Manager.
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30 4. Said agreement shall provide specifically that any and all liability arising out of
31 the work performed by the Subdivider, whether such liability arises from acts or
32 consequences occurring on-site or off-site shall be the sole responsibility of the
33 Subdivider.
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35 5. In no event, shall work be commenced on said grading until an agreement is
36 signed by the Subdivider and the City of Petaluma and all conditions precedent
37 to said work are performed.
95-189
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2 6. Subdivider shall agree to perform work in accordance with the City of Petaluma
3 Erosion Control Ordinance and said Erosion Control Plan shall be approved and
4 installed prior to grading.
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6 7. The City Manager is hereby authorized to execute an agreement on behalf of the
7 City, approved as to form by the City Attorney.
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Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved asto
Council of the City of Petaluma at a (Regular) ~~J~~~~~gl~) meeting form
on the 7th daY of ...---~~---August....._'---............_......., 1~5...., b¢ the %/~J
following vote:
City Attorney
AYES: Stompe, Maguire, Read, Vice Nlayor Shea, 119ayor Hilligoss
NOES: None
ABSENT: Hamilton, r ~ ~
ATTEST : - ~..~~(<Gr/.
City Clerk Mayor
Council File
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