HomeMy WebLinkAboutResolution 91-110 05/06/1991F
.~ FZ~s®lutiol'1 No. 91-110 N ~.~.
of the City of Petaluma, California
1 APPROVE GRADING PRIOR TO FINAL MAP APPROVAL
2 FOR KINGSMILL SUBDIVISION, PHASES 1, 2:., 3
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5 WHEREAS, the developer, Benjamin-Tuxhorn, has requested to
6 grade prior to approval of the final map and improvement
7 plans for said subdivision by the City; and,
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9 WHEREAS, this Council has determined that this request
10 should be granted on the condition that the Subdivider enter
11 into a written agreement satisfactory to the City Attorney
12 and the Director of Engineering, guaranteeing that final
13 grading will conform to final map and improvement plans when
14 approved by the Director of Engineering; and,
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16 WHEREAS, Subdivider states it is his intention to enter into
17 a Subdivision Agreement upon approval of the final map for
18 same,
19 NOW, THEREFORE, BE IT RESOLVED this Council finds and
20 determines as follows:
21 1, The grading proposed by Subdivider is not a permanent
22 improvement as that term is used in Section 20.36.010
23 of the Petaluma Municipal Code.
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25 2. Subdivider shall give an agreement in writing
26 guaranteeing compliance with all City codes and
27 ordinances as well as compliance with the requirements
28 for final grading s determined by the Director of
29 Engineering.
91-110, c.s.
Ite.s. No . .........................
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3. Subdivider shall provide a cash deposit or a surety
bond in the total amount for grading and restoration if
the development fails before construction which amount
is satisfactory to the City Manager, securing
performance of said agreement.
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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. Subdivider shall agree to perform work in accordance
with the City of Petaluma's Erosion Control Ordinance
and said erosion control plan shall be approved and
installed prior to grading.
Reso. 91-110 N.C.S.
1 7. The City Manager is hereby authorized to execute an
2 agreement on behalf of the City, approved as to form by
3 the City Attorney.
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5 slkngsml
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 as to
Council of the City of Petaluma at a (Regular) (~iI$~`~~~) meeting form
on the ..-•---.nth....------. day of ..............Mr3y......................._............, 191.._, by the
following vote: - •-------- •-•---------•
City Attorney
AYES: Read, Davis, Woolsey, Nelson, Vice Mayor Cavanagh, Mayor Hilligoss
NOES: ~
ABSENT: Sobel
ATTEST : ..............................•-•---..-....---........-......:...--.-.............----........
C y Clerk
Council File ....................................
CA 10-85 ~ Res. Nn.. 9.1.-1.~.Q........... N.C.S.