HomeMy WebLinkAboutResolution 8665 N.C.S. 09/10/1979A
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4 R.'esolutioii No......_.8665 _ _ _ N. C. S. PLK:a 9-10-79
RESOLUTION AUTH.O.RIZ'ING GRADING ,OF
LIBERTY MEADOWS -
SUBDIVISION AND.AUTHORIZING MAYOR TO SIGN AGREEMENT
THEREFOR
INTRODUCED BY COUNCILMAN---_-- �t�ILLIAPI, A= PE:RRY,. JR - --------------_----_-and
SECONDEDBY COUNCILMAN .................... ---ROLAN-D..RQX- D---------------_-- ------------------------------------------------------------------...at a
................................................. ----------- e9.ula_r_.adj.Qurnad................... _.................... -................. Meeting ofthe City Council of the
Cityof Petaluma, on the ....... 10th ---_-------_-•--------day of ............. _.Sep_tember................................. _=........................19.79..
WHEREAS,, LEGION PROPERTIES,• INC._,__-
(Sub'dividerY
has requested permission to` grade- _ LIBERTY MEADOWS
Subdivision prior to approval of the final map for said subdi-
vision 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 tb.ihe. City Attorney and
the City Engineer, guaranteeing that grading will conform to
said plans- and profiles; and, -
WHEREAS, -Subdivider states it is their intention to.enter
into a Subdivision Agreement upon approval of the final map for
same,
NOW, THEREFORE, this Council finds, determines and resolves
as follows:
1. The grading proposed by Subdivider is nota permanent
improvement as that terms is used in Section 20.36.010 of the
Petaluma Municipal Code.
2. Subdivider shall give. ari agreement in writing guaran-
teeing compliance 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 per-
formance of said. agreement.
4 Said agreement shall p-rovide specifically that any
and all. liability arising out of the, work performed by the
Subdivider, whether. such liability arises .fromacts or conse-
quences- occurring on-s,te or off-site .shall be 'the sole
responsibility .of the ,Subdivider.,,
5. In, nol event shall work:be commenced on said grading
until an agreement, is signed .by.Subdrivider, and the City of
Petaluma, and all conditions pre;dedent to said work are per-
formed.
6. The Mayor is hereby authorIz,ed to execute an agree-
ment on behalf Tof this, Council, as, ap_p--roved as to form by the
City Attorney.
7. The Subdivider, shall corrPly with each, `and': every one of the
conditions `attached as; Exhibit A.
under the power .and authority conferred. ,upon this Council by .the Charter of said City.
I hereby, certify'tliat:the f&egbing.Resolution was duly and regularly introduced. and A4pi v2 :as to
adopted by the Council, of the City of Petaluma on the _... __.19th. __,_ for , a COnt2nt'
day of ....... September -=-'---:--------•--------------------1 1979.--- >_-. by the following, votes:
P.;L,. Kl`o e,i City
AYES: C6,md limen Bal shaw,: Batta,gl i.a-i Bon -d, Cavanagh, Ha,rberson , Perry and- Attorney
Mayor Mattei
NOES: None:
ABSENT None:
ATTEST:
ity Clerk Mayor
FORM CA 3 7/14.
p.
E�X--HIBIT' A,�
.'
CONDI'TIONS.- L'IBfRTY;'MEADOWS -TROUGH -"GRADI'NG,
1..
The �lssuance o.f_ ,a g-r;ading permit fo:r the proposed "sate; of the Liberty
Meadows, !Subdlvis.ion' does not commit the City,—of Petaluma; to the
approval of. the Kiiiall Subdivision Map; i -n any manner. 'or 'form.
2.
The' radin ermit•sha'l not a 1 to the fo_llowi por
or' .`of the
si.tegwhereinPno grading.," rem or' filling. of mane '
' � terial ' or "th r
work, shall be ;performed until a final map has been approved .;by ,.
the City •Counc'l "in accordance with,, final "plans acceptable to the
'
City:
y t strap of • land parallel to and abutting the
a. A fort (4�0) foo,
eastern property line.
b. A.fift „
y (S0) foot str p of land. parallel to and abutting the:
northern :prgperty line:excepting that ,portion lying: within the
Liberty Street. right='of-way.
C. A ten (10) . foot. strip of land parallel ato and abutting the western
and southern property lines.
3.
The top of slope :along Keokuk Street and he "_southern. property line
shall he at least 10=feet in.•from the property lines and have a -maximum .
slope „not to 'exceed' 2:: 1.
4.
-No trees .shall be ,removed from site_except as may'be app.roved by the
Comm,inity Development' and Planning -.Director _
5..
Due' •to t'he unusual nature and ..� i is
' ` condition, o,f th
• required
"
e must be a full 'time' soils en"gineeres peru`isin the ob
aall htmes
"
at' during,radin ,,
6 ,When.alL
materials been removed the soil's engineer. shall submit
Pave
-an amended soils re ort as'to thecondisoilstion of the natural soils
remaining, 'and 'certify, that 'the si,t,e is prepared for. ti e.. completion
of the rough- gra'ding;: .
7.'
Th:e :locat eft of all -fl • material removed from th:e s -i to and, deposited
within, the .City limits, shall: be app;roved3 '`by the •Communi-ty Development
'
an'd-Planning. Department prior to grading permit issuance.
8.
Performance and Labo,r.and, Maceria'ls:'bonds shall be. required in the
amount, of'' $2�40, '000' (Performance) and -$120,,000, (Labor, and` M .
` at'eria`ls)
for restoration or c_ompletion.ofthe proect site in the eventuality
of abandonment of the project liy the developer or failure to perform
the installation of required" and off-site improvements, or
failing to make payment to co"ntract'ors.on supplies of materials.
9. Combined single
for public liab
obtained by the
insured party.
approved by the
The certificate
10 -days notice
limit 'issuance policy in the aount of $:2,000,000
ility, personal injury and property damage shall be
applicantand,naming the City as an additional
Proof of such issuance shall be submitted and
City Attorney prior to,grading per -mit issuance.
shall obligate the insurer to give no less than
3rior to cancellation.
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