Resolution 12938CITY OF ALAMEDA RESOLUTION NO. 12938
APPROVING THE FILING OF PARCEL MAP 7205
WHEREAS, the City of Alameda, City of Alameda Housing
Authority, the East Bay Municipal Utilities District, the Dolan
and Dorothy Foster Family Trust and the Alameda Beltline desire to
record a Parcel Map although one is not required under Government
Code Section 66428(b) but is permitted by Government Code Section
66467; and
WHEREAS, a Parcel Map will satisfy the conditions of the
approved Planned Development, PD-96-3, resolve certain title
description problems, establish the boundaries of the adjacent
roadways and provide documentation for monumentation.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Alameda that the City Council approves the filing of Parcel Map
7205 subject to the following conditions:
1. The Parcel Map shall be in substantial compliance with plans
prepared by Phillipi Engineering, dated August 1997, titled
"Parcel Map 7205", consisting of two sheets, marked Exhibit
"A" on file in the office of the City of Alameda Planning
Department, subject to the following conditions.
2. A recordable instrument shall be required to be completed by
the applicant to the satisfaction of the Planning Director, in
consultation with the City Attorney, and shall be recorded
concurrent with the Parcel Map, for reciprocal parking and
access easements for Parcels A, B & C created by Parcel Map
7205.
3. The final form of the Parcel Map to be recorded shall be to
the satisfaction of the City Engineer.
4. Pursuant to California Government Code Section 66474.9(b), the
City of Alameda requires as a condition of this parcel map
approval that Mariner Development Company, or its successors
in interest, defend, indemnify, and hold harmless the City of
Alameda or its agents, officers, and employees from any claim,
action, or proceeding against the City or its agents,
officers, and employees to attack, set aside, void, or annul,
an approval of the City concerning the 1849 Oak Street
subdivision, which action is brought in the time provide for
in Government Code Section 66499.37. The City of Alameda
shall promptly notify the subdivider of any claim, action or
proceeding and the City shall cooperate fully in the defense.
If the City fails to promptly notify the subdivider of any
claim, action, or proceeding, or if the City fails to
cooperate fully in the defense, the subdivider shall not
hereafter be responsible to defend, indemnify, or hold
harmless the City.
5. The subdivider shall post a cash deposit of $20.00 per sheet
to guarantee that a mylar copy of the recorded Parcel Map are
provided to the City Engineer.
6. Consistent with the time provision for exercising Parcel Maps,
the subdivider shall record the Parcel Map within twenty-four
(24) months of approval, or conditional approval, of the
Parcel Map by the City Council. An extension of time, not to
exceed an additional twelve (12) months, for the filing of the
Parcel Map may be granted by the City Council providing
written application is made by the subdivider prior to the
expiration of the approved or conditionally approved Parcel
Map.
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I, the undersigned, hereby certify that the foregoing
Resolution was duly and regularly adopted and passed by the Council
of the City of Alameda in regular meeting assembled on the 4th
day of November , 1997, by the following vote to wit:
AYES: Councilmembers Daysog, DeWitt, Kerr, Lucas
and President Appezzato - 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 5th day of November , 1997.
%42/Q2
Diane relsch, City Clerk
City of Alameda