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HomeMy WebLinkAboutReso - CC - 041-1994RESOLUTION N0, 4I-94 AUTHORIZING EXECUTION OF WALL OPENING AGREEMENT 1015-1017 CALIFORNIA DRIVE RESOLVED by the City Council of the City of Burlingame, California, and this Council does hereby FIND, ORDER and DETERMINE as follows: 1. The public interest and convenience require execution of the agreement cited in the title above. 2. The City Manager be, and he is hereby, authorized to sign said agreement for and on behalf of the City of Burlingame. 3. The City Clerk is hereby ordered and instructed to attest such signature. MAYOR I, JUDITH A. MALFATTI, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 20th day of JUNE by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS: ABSTAINING: COUNCILMAN SPINELLI 1994, and was adopted thereafter HARRISON, KNIGHT, O'MAHONY, PAGLIARO. NONE NOe;;;pZ�g 4; CITY CLERK AGREEMENT TO RESTORE WALL OPENING 1015-1017 California Drive 2 This AGREEMENT entered into this day of 1994, by and between Albert L. Martinelli, hereinafter referred to as "Owner", and the City of Burlingame, hereinafter referred to as "City". W I T N E S S E T H: WHEREAS, Owner is the owner in fee of those lands known as 1015 and 1017 California Drive, (APN 026-194-080), said lands being separate legal parcels, contiguous, each containing a loi7 19A -" building, and the building on ±B15 California Drive having openings onto and across the boundary between the parcels, said buildings and the existing openings being set forth on Exhibit "A" attached hereto; and WHEREAS, Owner to perform various improvements upon said buildings and to maintain openings across the boundary between the parcels, the details of said proposed improvements being set forth in the application for a building permit heretofore filed in the office of the City Building Inspector, and WHEREAS, City has adopted the Uniform Building Code, Section 504, and Table 5A thereof generally prohibiting openings in walls within five feet of a property line, and Owners are willing to agree to the restoration of the common wall of said buildings on certain conditions in consideration of the issuance of the building permit applied for, as hereinafter set forth. NOW, THEREFORE, it is AGREED by the parties hereto as follows: 1. The City will issue a building permit to Owner for the construction of openings on the common property line located between 1015 and 1017 California Drive in accordance with the plans now on file. 2. Owner agrees for himself, his successors and assigns to close the any such openings on the said common boundary line within 45 days after written notice to do so by City, provided that at the time of said demand said parcels are no longer owned by a single person or entity. 3. City may refuse the issuance of any further building permits on either parcel of real property herein if at the time of said application for a building permit owner, his successors or assigns are in default of this agreement to so close and seal said openings. 4. This agreement shall be recorded by the City Clerk of the City of Burlingame. IN WITNESS WHEREOF, the parties hereto have caused this document to be executed in the day and year hereinabove written. CTI;; -QF BURL,INGP,40 �lle I �(7 OWNER City Manager ATT ST* City Clerk (STATE OF CALIFORNIA) (COUNTY OF SAN MATEO) before me, personally appeared�,%��,�n„� personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(,c/f whose names) is/awe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/-ker/the-ir authorized capacity(4es-r, and that by his eir signature,( on the instrument the person•FsT,—or the entity upon behalf of which the personW acted, executed the instrument. WITNESS my hand and official seal. - OFFICIAL SEAL '<�: fdoi ary Pub1iC•CCliicrr:a - ' ��'' ' SAN MRTEO COUNTY MY Commisslon Signature: Seal : E�ires SaPlembet 13, 1495 FORMS\NOTARY.SLP ';DHOrn STrJt7;o leiNNCC /Y CZ Z WIR7 eH0u5r I /O SLiDrNG _ 3y' LOry C/o/s) SNfE7r1�T/i< /�/�RTiE7L UIESi EI.,6VP roA) kIRREPOUSE 5a /0"x/0' IVl---jSLiD"vG �ooR vkG' voua/)!z Ho/,J(; wiA)Dows /0' FTL L E /D/J 6 /0/7 6RL/FORA1/H :ZPeV L'Uh'�rr•)6i+r�1�� c/�/,'FORn>iF.'