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
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SAN MRTEO COUNTY
MY Commisslon
Signature: Seal :
E�ires
SaPlembet 13, 1495
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