HomeMy WebLinkAboutResolution 90-380 11/19/1990~~ FZesolution No. 90-380 N.C.s.
1 of the City of Petaluma, California
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APPROVE GRADING PRIOR TO FINAL YKAP APPROVAL
7 FOR FAIRWAY P~[EADOWS SUBDIVISION
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11 WHEREAS, the developer, Duffel Financial and Construction
12 Company, has requested to grade prior to approval of the
13 final map and improvement plans for said subdivision by the
14 City; and,
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16 WHEREAS, this Council has determined that this request
17 should be granted on the condition that the Subdivider enter
18 into a written agreement satisfactory to the City Attorney
19 and the City Engineer, guaranteeing that final grading will
20 conform to final map and improvement plans when approved by
21 the Director of Engineering; and,
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23 WHEREAS, Subdivider states it is his intention to enter into
24 a Subdivision Agreement upon approval of the final map for
25 same.
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27 NOW, THEREFORE, BE IT RESOLVED this Council finds and
28 determines as follows:
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30 1. The grading proposed by Subdivider is not a permanent
31 improvement as that term is used in Section 20.36.010
32 of the Petaluma Municipal Code;
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34 2. Subdivider shall give an agreement in writing
35 guaranteeing compliance with all City codes and
36 ordinances as well as compliance with the requirements
37 'for final grading as determined by the Director of
38 Engineering..
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~t~s. no.....90,-380_,.:.. n.cs.
1 3. Subdivider shall provide a cash deposit or a surety
2 bond in the total amount of $30,715.00 ($18,392.00 for
3 grading and $12,32:3.00 to restore if the development
4 fails before construction) which amount is satisfactory
5 to the City Manager, securing performance of said
6 agreement.
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8 4. Said agreement shall provide specifically that any and
9 all liability arising out of the work performed by the
10 Subdivider, whether such. liability arises from acts or
11 consequences occurring on-site or off.-site shall be the
12 sole responsibility of the Subdivider.
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14 5. In no event shall work be commenced on said grading
15 unti an agreement is signed by the Subdivider and the
16 City of Petaluma. and all conditions precedent to said
17 work are performed.
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19 6. Grading shall be limited to six (6) lots (Lots 4 - 9)
20 of Fairway Meadows Subdivision. The developer shall
21 prepare an Interim Grading and Erosion Control Plan and
22 submit a letter from the California Department of Fish
23 and Game stating that these plans have been reviewed.
24 Additionally, a grading permit shall be secured from
25 the City of Petaluma prior to starting any work.
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27 7. Subdivider shall agree to perform work in accordance
28 with the City of Petaluma Erosion Control Ordinance and
29 said Erosion Control Plan shall be approved and
30 installed prior to grading.
Reso. 90-380 N.C.S.
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2 8. The City Manager is hereby authorized to execute an
3 agreement on behalf of the City, approved as to form by
4 the City Attorney.
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7 fairway
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 -.App ved-as_t`o~
Council of the City of Petaluma at a (Regular) (I~~~~) meeting /~ ~ °
on the ..-----.1.~.kk1~.-..... day of ..................DLC2V~mbQ.z....................., 19..~.Q., by the i .
following vote: ........---•--•-;-;----;...--...---
City Attorney ,
AYES: Balshaw, Davis, Woolsey, Tencer, Vice Mayor Cavanagh, Mayor Hilligoss
NOES:
ABSENT
ATTEST
CA ]0-85
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Sobel
ty Clerk
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Mayor
Gbuncil File ......................•---.-.-......
Res. No.......9.Q.-.~~.Q...... N.C.S.