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HomeMy WebLinkAboutResolution 8032 N.C.S. 12/19/1977 S solution,No . Ow.; `N G: PLK mi 12 - 2 7 -'7 7 RESOLUTION APP PRIVATE STREET FOR DR ROBERT f u S : GILBER��, AND ANNE GILBE -RT ' ry �� ,w ai 4 INTRODUCED BY COUNCILMAN G ROLAN'D BON =D and SECONDED BY COUNCILMAN. JAMES`..L '. HARBERSO at a Regul _- _:Meeting of the City Council of the City of Petaluma, on the _. 19t day of : ._.:_De eembe r - - - - - - -- - -.,, 19 ' Wi-IEREAS,: Dr Robert Gilbert arf Anne G as owner and subdivider, has s ubn tied a development . plan• - showing the alignment width ' ' gra ; de• '.and material, "speci;fications' for ',a proposed private treet to provide access to 'a public street for a parcel created b a parc map subdiv ,a`s. - ,required by :section 22 7: 300 of the Subdivi;sion :Ordinance and-, WHEREAS, the plan: s hows the topography and- means of access: and maintenance ., of such street and establishing; ,liability for taxes thereon which the City Attorney '.has; reviewed and found adequate and, WHE ; it "�' y Ern. g ineer..a nd the =Planning 'Director have • C examined the plans 'and' have reported to the ' Commission . .. tha.t; "the same does conform to the requirements of said section 22,. 7. 300 , of the . S:ubdi:vision. Ordinance, and said reports are hereby ,approved a nd their recommendations and conditions are '1 incorporated: herein as though- fully set , .., . D that the City .Council finds NOW, THERr,FORE BE I,T. RE that the most logical ,development ot the land. that ; -lots be created which are served by a private Stre subject to the recommendations ' and.-:condi;tions set, ,,forth In the reports of the City. Eng and `the': P,l"ann°ing BE I_T FU ,RESOLVED that the approval.. granted here . shall be conditioned upon the '"record of an irrevocable ' • • • • COU N CIL, I tL 4 � _'4;... • • • • • offer of dedication for the real property described in the 'attached Exhibit A,,' and that said offer of dedication shall not 'obligate the subdivi,der to construct public street im- prdvements thereon as a condition of, development of the lots described in sald map, unless '.said improvements are • constructed .pur-sivant to .a duly constituted ;assessment district. ' • • • • • • • • . : ; under `the ,power and' authority conferred upon this Council by the Charter of said City. • rI hereby certify 'that, foregoing _Resolution was duly a 1d regularly. introduced and 'adopted b y the Council of the City, of Petaluma, on the. 9th• .day of De cembe r , , '19 77 .., by the following' votes: � : ,. ,. Councilmen B�alshaw., 'Bond, Harberson, and Mayor. ;Putnam - r.. NOES: ` Councilmen Cavanagh and Perry • ABSENT Councilman H`i l l i go s drio ATTEST: -. City Clerk • , 'Mayor. FORM CA 3,7/74 . - - • .. Aft Recording Requested BY: City of Petaluma When Recorded Return To: Lafranchi, Mickelsen & .Hirschfield P. 0. Box 379 Petaluma, CA 94952 OFFER OF DEDICATION' We, ROBERT S. GILBERT D.D.S., and ANNE D. GILBERT, his wife, the undersigned, being the present title owners of record of the herein described parcel of land, do hereby make an irrevocable offer of dedication to the CITY OF PETALUMA and its successor or assign, for street and thoroughfare purposes, the real property situated in the City of Petaluma, State of California, described as follows:" A right -of -way for roadway and utilities, 60 feet wide, located within Lot 2 of City of Petaluma Parcel Map No. 104, recorded in Book 240 of Maps, Page 46, Sonoma County Records, and being 30' feet on each side of the following described center line: BEGINNING at a point on the Westerly boundary of said Lot 2, distant t South 0°15' West 0..52 feet from. the Northwest corner of said lot; thence South 41 °43'48" East 256.55 feet to a point on the Easterly boundary of said lot, distant South 0°15' tlest 188.98 feet from the Northeast corner of said lot, and the point of termination. EXH1E4T "C‘ _ • It is understood and agreed that the CITY OF PETALUMA and its successor or assign shall incur no liability with respect to such offer of dedication and it shall not assume any responsibility for the offered parcel or any improvements thereon or therein, until such offer has been accepted by appropriate action of the CITY COUNCIL or of the local governing body or its successor or assign. The provisions hereof shall inure to, the benefit of and be binding upon the heirs, successors, assigns, and .personal representatives of the respective parties hereto. This offer is expressly conditioned upon the determination of the CITY COUNCIL of. the CITY OF PETALUMA in Resolution Nos. 8032, and 8033 adopted December 19, 1977, that no public improvements shall be required of the undersigned along the roadway described in this offer; further, such improvements shall be required of the adjoining landowner at such time as such owner shall offer or submit a parcel or subdivision map . for the development of that adjoining parcel. If this condition precedent is not met, and the undersigned are required to improve or to pay for improvements upon the right of way described herein, then this offer of' dedication shall be of no force and effect. Dated: December;, 1977. i() i � r --; /6-V j Robert S Gi lbert D 6/ Anne D Gilbert ... STATE OF CALIFORNIA, ] ] ss. COUNTY OF SONOMA ] On December.71, 1977, before me /yIA , a Notary Public for the State of California, personally appeared MATTHEW L. HUDSON known to to be the person whose name is subscribed to the within instrument as the attorney in fact of ROBERT S. GILBERT, D.D.S. and ANNE D. GILBERT, and acknowledged' to me that he subscribed the names of ROBERT S. GILBERT, D.D..S., and ANNE D. GILBERT thereto as principals, and his own name as attorney in fact. • Notary Public for the State of California •' : ' c i 1., c,, County of 'Sonoma 1. My Co, :.1a:55d ^.t. L ?:' .e • FC`.i i.J • • a —