89-127 City of Santa Clara granting a variance to the Uniform Building Code Requirements for Structure Separations yt .,-w.
TIDE CIO`F TA CL:i RA
CITY HALL
OFFICE OF THE _ - rs rl 41 1500 WARBURTON AVE.
�. CI�Ol
CITY CLERK 3 ) '' �, SANTA CLARA,CA.95050
(408)984-3140
August 11, 1989
Dorothy Cornelius
City Clerk
City of Cupertino
P. O. Box 580
Cupertino, CA 95015
RE: Agreement for Granting a Variance to the Uniform Building
Code Requirement for Structure Separations
Dear Ms. Corne-rius: ,
Per your request, a copy of the above recorded Agreement is
enclosed.
Sincerely,
J. E. Boccignone
City Clerk
City of Santa Clara
10156113
Voy,h-kualit of t4.. Citi 01
U,.
Santa alfl;rn�' coriled free f 1 f. y r .t t
6103
of charge
NU T 0 F
of zhe ou AT I'll
'-;,ANXA-. QLAR
AGREEMENT FOR GRANTING A VARIANCE
TO THE UNIFORM BUILDING CODE REQUIREMENTS JU11 22 32
FOR STRUCTURE SEPARATIONS
[COVENANT RUNNING WITH THE LAND] cz
CIT,Y ?
'IN
CLEM S AI ;;RiE
R El'0 PUr R
THIS AGREEMENT (herein the "Agreement") ' is made and entered
into on this day of 1989, by and between the CITY
OF SANTA. CLARA, a California unicipal corporation (herein "Santa
Clara") , the CITY OF CUPERTINO, a California municipal corporation
(herein "Cupertino") -and Stan Lester and Hazel B. Lester as Co-
Executors of the Estate of William W. Lester (herein "Owner"), Hazel B.
Lester (herein ."Owner") and G.T. ASSOCIATES '(herein -!'Ground Lessee") .
RECITALS
IT IS HEREBY AGREED BY THE PARTIES TO THIS AGREEMENT, as
follows:
A. owner owns several parcels of real property located on
Stevens Creek Boulevard, parcel 3 [which is located in
Santa Clara] and the adjacent parcel 2 [which is located
in Cupertino] , ground Lessee has leased the parcels from
Owner;
B. Parcel 3 [Santa Clara] and Parcel 2 [Cupertino] are
depicted on the map attached as Exhibit A, which is
incorporated by. this reference; and
C. - The respective parcels referred to herein are further
identified by the following information:
1. Parcel 3 (Santa Clara)
a. Approximately 2 .503 acres
b. Tax Roll (as of March, 1986) APN 316-19-033 '
2. Parcel 2 (Cupertino)
a. Approximately 4.82 acres
b. Tax Roll (as of March, 1986) APN 316-19-025
D. Ground Lessee has constructed or is contemplating
construction of buildings on both Parcel 3 (Santa Clara)
and Parcel 2 (Cupertino) within sixty (60) feet of the
common property line; and
E. Santa Clara and Cupertino, pursuant to Chapter 5 of "The
Code of the City of Santa Clara, California" adopted the
Uniform Building Code (1985 Edition) , (hereinafter
"UBC") , as modified and amended respectively by Santa
Clara and Cupertino; and
JqH-=N E':7LECUTED PLEASE RETURN TO:
c-' I- I S OFFICE
c. E11TA CT,ArA
ILl.1 MIJf
qFETON 1'i.V11;!TUE
'
CLMUI, CA 95050
Y'rr brnr;l� pI L�tir, CAVY of
5:cttt
60i1�u: R ;or:,!Ld free 9
of cTiurge unezr 5ectinn 6103 �.( Q Q f. i
,I the Locerntricut (aide. 1\ 9 U �PAG C[ 15 Q V 1
F. Section 506 of the UBC allows buildings (one or two story
building) under certain circumstances, to be unlimited
in area if surrounded entirely by yards not less than 60 '
in width.
G. Section 106 of the UBC allows the Building Official to
permit alternate methods of construction if said
construction does not impair health, life and fire
safety; and
H. Owner is willing to comply fully with the requirements
of the UBC; and
I. Santa Clara and Cupertino's respective Building Officials
will permit construction of structures less than the
sixty (60) feet from the property line if, and only if,
a minimum permanent structure separation area of at least
sixty (60) feet can be insured by a covenant running with
the land; and
J. It is further the intention of the parties to bind all
owners, present and future, and occupants of said
respective properties, Parcel 2 and Parcel 3, by giving
notice that a 'permanent building or structure separation
of not less than 60 feet is created with respect to
buildings or structures constructed on Parcel 2 and
Parcel 3, respectively.
IT IS HEREBY FURTHER AGREED BY THE PARTIES TO THIS AGREEMENT,
as follows:
1. As used herein the term, "Owner" and "Ground Lessee" shall
refer to the signatories to this Agreement and/or their assigns or
successors in interest.
2 . Each and every covenant made by Santa Clara, Cupertino,
Ground Lessee, and Owner, respectively, is made for the direct
benefit of the hereinafter indicated respective lands or interest
in lands held by the parties hereto and shall run with the same,
and the respective responsibilities and burdens thereof are imposed
on and shall run with the respective lands or interest in lands as
herein described held by the parties hereto.
3 . The Owner and Ground Lessee covenant to Santa Clara and
Cupertino that no construction, alteration, repair, addition or
installation shall occur on Parcel 2 or Parcel 3 that would result
in a permanent open area of less than 60 feet between structure(s)
situated on Parcel 2 and Parcel 3 . The lands of the Owner which
are benefited by the CITY permitting the construction of structures
within sixty (60) feet of the property line and burdened by
maintaining at least 60 ' of separation between buildings and
holding Santa Clara and Cupertino harmless, respectively, are
Parcel 2 and Parcel 3 , respectively.
Of tije Lily of
sr5'ittu Lara. L:e+orded
of cl.arge 11--kr cLctioiT 6103
Of the GO-Vei'.Trnen: 06de. — '— -
K 994P4-uE�. c' `)
4 . The lands of Santa Clara and Cupertino which are benefited
by the maintenance of the permanent open area is Stevens Creek
Boulevard, a public street partially situated in Santa Clara
(Parcel 3) , and partially in Cupertino (Parcel 2) .
5. The areas affected by the open space requirements of this
Agreement imposed on Parcel 2 and Parcel 3 may be used for parking,
driveways or landscaping, all of which must be non-structural and
which do not conflict with the structure separation provisions of
the UBC.
6. This covenant regarding the building separation easement
shall constitute notice to subsequent purchasers and/or successors
in interest and encumbrances of the building separation
requirements set forth herein.,
7. This instrument shall bind and inure to the respective
assigns and successors in interest of ' the parties hereto.
8. This covenant shall be recorded by Santa Clara in the
office of the Santa Clara County Recorder.
' t' a Crit of
Ter t>e�:e:ft of- .� Y ..
Casttn �. r3ed. free
.� Cd.��•t. 1Teco
o: dc.arg ti:ir.Ze- G"etioit 6103 K 9 9 4 PA-U E 15 8 3
of tl:c S;ovc•+tn'cnt �iicfe. -. ..
THE PARTIES TO THIS AGREEMENT hereby indicate their
acknowledgement and acceptance of the terms and conditions stated
herein as evidenced by the following signatures of their duly
authorized .representatives. It- is the intent of the parties that
this -.Agreement shall .be effective as of the day and year first
indicated above.
APPROVED' AS'.TO,-FORM: CITY OF SANTA CLARA
EDWIN:. J:''s:MOORE.;;" y: EVERETT N. SOUZA
City!,`Attorney Mayor
s A•
"
ATTEST,,
B JENIFER S� ARACINO
r 'Jx
Cit Manager
.BOCCIGNQN;.
CitX Cierk"J, 1500 Warburton Avenue
Santa Clara, CA 95050
Tel: (408) 984-3039
F rJ JS .:�•,K .
E 4 CITY OF CUPERTINO
S KILIAN , , By-/JO PLUNGY
City Attorney., Y // M J
A ATT
By! O OWN
i City Manager
OROTHY. CORNELIU
itY`,Clerk;� _� 10300 Torre Avenue
Cupertino, CA 95014
Telephone: (408) 252-4505
OWNERS '�Y}.e, .Es,-tate o GROUND LESSEE
William�W.`Nester
r, 1
K ,
By: a
STANLEY E: '-LE TER; `Co'.=Executor G.T. ASSOCIATES, a
` California Joint Venture,
By: - ?M l , _� f,c`�1?;:'> ' By GROSVENOR I TE TIONkL
HAZEL.B. LESTER,-.' Co-Executor C/AL, FORNIA UT121. , ibs
• `1 /� ;;.. anag 1 g
HAZEL B. LESTER, OWNER By All
Its:
Its:
SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC AND
` APPROPRIATE CERTIFICATE OF ACKNOWLEDGEMENT ATTACHED.
". STATE OF CALIFORNIA ss K 9 9 4:PA u E 1584.
r COUNTY OF SANTA CLARA)
19 89 , before me, ERNA E• ADDY, a
On this 7th day of June of ►Santa Clara, State of California,
Notary Public in and for the County sworn, personal
appeared
therein, duly ccmm�issioned and
residing '
Everett N. Souza Jennifer S racino and E•M ger °ai City Clerk,
personally }mown to me to be the Mayor, Y and that they
i corporation described herein,
respectively, of the municipal f of the said municipal corporation
executed the within instrument on behalf municipal corporation executed
therein named, and admowledged to me that such
the same.
have hereunto set my hand and affixed my official
IN WITNESS Wf�'REOF, I
seal in the County of Santa Clara the day and year in this; certificate first
above written. /)
�s-„ s;ana � :s °eaaa�ressses� g�NP, E. ADDY U
p�'FIGl7l4: SEi�I+
,-� EPNA E. ADDY Notary Public in and for the County of
NOTARY PUBLIC -- CALifoR'tIA N State of California. MY
Santa Clara
COU,,Ty OF SANTA CU'RA 2
Comm. Exp• Qd 2, 1990 G,
Commission expires October 2, 1990.
y�MH=i4t32394143::99G95S.^4C3113�::iw`+S.'7iy:.4i3'•<s�t?}^+=^x:-� .
N0.201
GENERAL ACKNOWLEDGMENT
May 19_89.,before me,
On this the 4th.day of ---------------
State of___California
t ss. Christine Marshall Nobre a
=t' county of Santa Clara ersonally appeared
.-� the undersigned Notary Public,p ----
Hazel B . Lester and Stanle E . Lester —
XXX personally known to me
{ OFFICIAL SEAL ❑ proved to me on the basis of satisfactory evidence-subscribed to the
�� to be the person(s)whose name(s) are — —
CLApACoUNTY within instrument,and acknowledged that
they — — executed it.
VXTA
�� WITNESS my hand and official seal.
M1l Comm.Exp.llpr.
-
Notary's Signature
•8238 Remmet Ave.•P.O.Box 7184•Canoga Park 91
CA
NATIONAL NOTARY ASSOCIATION
'1110122
ti
.;yvr iic-1c€it of`tbe City o:
Santa Oaa•n. Eiecorded free
of chnr„e under Secuoja 6103
Of the E;0ver171T.:e114L Mde.
State of California )
ss. K 994PL.&F15 85
County of San Francisco ) A'
On this 22 day of May 19 89 , before me, Patricia Thompson,
personal y pa peared Frank Juszcz k and
William J. Abelmann , personally known to me or proved to me on
the basis of satisfactory evidence) to be the Senior Vice President
and President . respectively, of the corporation that
executed the within instrument and known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) who executed the within instrument on
behalf of said corporation, said corporation being known to me (or proved to me on
the basis of satisfactory evidence) to be one of the partners of
G. T. Associates , the partnership that executed—tFe
within instrument, and acknowledged to me—that such corporation executed the same
as such partner and that such partnership executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal,
the day and year in this Certificate first above written.
Patricia Thompson, Notar. ublic fort e
PATRICIA TFIOf�1PSON State of California
+� •Jc.,r— '.� NOTARY PUBLIC-CALIFORNIA _ My Commission Expires December 6, .i99i ..
CITY&COL NTY OF
SAN FRAND SCO
Ply Commission Expires Dec.6.1991
��'!yr-:�:, •:Sit
fi,,,.., ,..:;:a•u. 'u::cura;ed. Oreo :.
of c' rra :;c.Us= :icct,ont 6103
x:e::i L45da. t
po K 31
'PAS E lg
1
PnRCI*L ? ' 316-19-01S
P�QCf l 3 ]I�- 19-c3j
FANIT W84TING, TYMNG, CARBON
COPIES OR CDT MATRIX PRINTERS
/) MAKE POOR PHOT4Z)GFAMIC RECORD
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94PAGE1587
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�I>irnL uriaer eciion 6103
Of #:c -
of too Voe-{- {::+L•'d'llt. �=j LIE. .-
THE CITY OF SANTCALQ
CALIFORNIA CITY HALL
OFFICE OF THE 1500 WARBURTON AVE.
CITY CLERK SANTA CLARA.CA.95050
(408)984-3140
EXTRACT OF CITY COUNCIL MINUTES OF THE CITY
OF SANTA CLARA FOR MEETING HELD ON MAY 30, 1989
. . . . . . . . . . "Motion was made by Ash, seconded and unanimously
carried, that, per the Director of Planning & Inspection
(5/25/89) , the Council approve and authorize execution of an
Agreement with the City of Cupertino, Hazel B. & Stan Lester (Co-
executors of estate of William Lester-owner) and G.T. Associates
(Lessees) to grant a Variance to the Uniform Building Code and
allow a structure separation at property located on Assessor's
Parcel Numbers 316-19-033 (in Santa Clara) and 316-19-025 (in
Cupertino) on Stevens Creek Boulevard. " . . . . . . . . . . . . . . . . . . . . . . . .
t, the undersigned Gay Cleric of the City of
Santa Clea a, do hereby certify that the above
and foregoing is a true and carred copy of
an Excerpt pf tl e Minutes of a meeting of the
City Council of the City of Santa Clara, held:
on. .. - .
City Cl"erk
CitM of Cuperti»o
10300 Torre Avenue P.O. Box 580
Cupertino,California 95014 Cupertino, California 95015
Telephone: (408) 252-4505
DEPARTMENT OF THE CITY CLERK
June 20, 1989
David J. Pasquinelli, Building Inspector
The City of Santa Clara
Building Inspection City Hall
1500 Warburton Avenue
Santa Clara, CA 95050
RE: AGREEMENT FOR GRANTING.A,VARIANCE TO THE UNIFORM BUILDING CODE REQUIREMENT
FOR STRUCTURE SEPARATIONS
Dear Mr. Pasquinelli:
Enclosed please find a fully executed copy of the Agreement for Granting a
Variance to the Uniform Building Code Requirements for Structure Separations
(Covenant Running with the Land) .
After this Agreement is recorded, would you please have the City Clerk's Office
forward a copy to this office.
Thank you for your cooperation.
Sincerely,
DOROTHY CORNELIUS
CITY CLERK
CITY OF CUPERTINO
DC/so
encl.
cc: Joe Antonucci, Chief Building Inspector
q
COPY F®R !L, �4
AGREEMENT FOR GRANTING A VARIANCE
TO THE UNIFORM BUILDING CODE REQUIREMENTS
FOR STRUCTURE SEPARATIONS
[COVENANT RUNNING WITH THE LAND]
THIS AGREEMENT (herein the "Agreement") is made and entered
into on this ,?o day of j� 1989, by and between the CITY
OF SANTA CLARA, a California faunicipal corporation (herein "Santa
Clara") , the CITY OF CUPERTINO, a California municipal corporation
(herein "Cupertino") and Stan Lester and Hazel B. Lester as Co-
Executors of the Estate of William W. Lester (herein "Owner"), Hazel B .
Lester (herein . "Owner") and G.T. ASSOCIATES (herein "Ground Lessee") .
RECITALS
IT IS HEREBY AGREED BY THE PARTIES TO THIS AGREEMENT, as
follows:
A. Owner owns several parcels of real property located on
Stevens Creek Boulevard, parcel 3 [which is located in
Santa Clara] and the adjacent parcel 2 [which is located
in Cupertino] , Ground Lessee has leased the parcels from
Owner;
B. Parcel 3 [Santa Clara] and Parcel 2 [Cupertino] are
depicted on the map attached as Exhibit A, which is _.
incorporated by. this reference; and
C. The respective parcels referred to herein are further
identified by the following information:
1. Parcel 3 (Santa Clara)
a. Approximately 2 :503 acres
b. Tax Roll (as of March, 1986) APN 316-19-033
2. Parcel 2 (Cupertino)
a. Approximately 4 .82 acres
b. Tax Roll (as of March, 1986) APN 316-19-025
D. Ground Lessee has constructed or is contemplating
construction of buildings on both Parcel 3 (Santa Clara)
and Parcel 2 (Cupertino) within sixty (60) feet of the
common property line; and
E. Santa Clara and Cupertino, pursuant to Chapter 5 of "The
Code of the City of Santa Clara, California" adopted the
Uniform Building Code (1985 Edition) , (hereinafter
"UBC") , as modified and amended respectively by Santa
Clara and Cupertino; and
F. Section 506 of the UBC allows buildings (one or two story
building) under certain circumstances, to be unlimited
in area if surrounded entirely by yards not less than 60 '
in width.
G. Section 106 of the UBC allows the Building Official to
permit alternate methods of construction if said
construction does not impair health, life and fire
safety; and
H. Owner is willing to comply fully with the requirements
of the UBC; and
I. Santa Clara and Cupertino's respective Building Officials
will permit construction of structures less than the
sixty (60) feet from the property line if, and only if,
a minimum permanent structure separation area of at least
sixty (60) feet can be insured by a covenant running with
the land; and
J. It is further the intention of the parties to bind all
owners, present and future, and occupants of said
respective properties, Parcel 2 and Parcel 3 , by giving
notice that a permanent building or structure separation
of not less than 60 feet is created with respect to
buildings or structures constructed on Parcel 2 and
Parcel 3 , respectively.
IT IS HEREBY FURTHER AGREED BY THE PARTIES TO THIS AGREEMENT,
as follows:
1. As used herein the term, "Owner" and "Ground Lessee" shall
refer to the signatories to this Agreement and/or their assigns or
successors in interest.
2 . Each and every covenant made by Santa Clara, Cupertino,
Ground Lessee, and Owner, respectively, is made for the direct
benefit of the hereinafter indicated respective lands or interest
in lands held by the parties hereto and shall run with the same,
and the respective responsibilities and burdens thereof are imposed
on and shall run with the respective lands or interest in lands as
herein described held by the parties hereto.
3 . The Owner and Ground Lessee covenant to Santa Clara and
Cupertino that no construction, alteration, repair, addition or
installation shall occur on Parcel 2 or Parcel 3 that would result
in a permanent open area of less than 60 feet between structure(s)
situated on Parcel 2 and Parcel 3 . The lands of the Owner which
are benefited by the CITY permitting the construction of structures
within sixty (60) feet of the property line and burdened by
maintaining at least 60 ' of separation between buildings and
holding Santa Clara and . Cupertino harmless, respectively, are
Parcel 2 and Parcel 3 , respectively.
4 . The lands of Santa Clara and Cupertino which are benefited
by the maintenance of the permanent open area is Stevens Creek
Boulevard, a public street partially situated in Santa Clara
(Parcel 3) , and partially in Cupertino (Parcel 2) .
5. The areas affected by the open space requirements of this
Agreement imposed on Parcel 2 and Parcel 3 may be used for parking,
driveways or landscaping, all of which must be non-structural and
which do not conflict with the structure separation provisions of
the UBC.
6. This covenant regarding the building separation easement
shall constitute notice to subsequent purchasers and/or successors
in interest and encumbrances of the building separation
requirements set forth herein.
7. This instrument shall bind and inure to the respective
assigns and successors in interest of the parties hereto.
8 . This covenant shall be recorded by Santa Clara in the
Office of the Santa Clara County Recorder.
STATE OF CALIFORNIA )
) ss
COUNTY OF SANTA CLARA)
i
On this 7th day of June , 19 89 , before me, ERNA E. ADDY, a
Notary Public in and for the County of Santa Clara, State of California,
residing therein, duly commissioned and sworn, personally appeared
Everett N. Souza, Jennifer Sparacino and J. E. Boccignone I
personally known to me to be the Mayor, City Manager and City Clerk,
respectively, of the municipal corporation described herein, and that they
executed the within instmmment on behalf of the said municipal corporation
therein named, and acknowledged to me that such municipal corporation executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal in the County of Santa Clara the day and year in this certificate first
above written.
ERNA E. ADD.
oar--. ICIA : ORAL.
Notary Public in and for the County of
M ERNA E. ADDY Santa Clara, State of California. My
NOTARY PUBLIC CAIifORMA Commission expires October 2. 1990.
m
COUHTY OF SANTA CLARA
Comm Exp. Oct 2, 1990 £3
THE PARTIES TO THIS AGREEMENT hereby indicate their
acknowledgement and acceptance of the terms and conditions stated
herein as evidenced by the following signatures of their duly
authorized representatives. It is the intent of the parties that
this Agreement shall be effective as of the day and year first
indicated above.
APPROVED AS TO FORM: CITY OF SANTA CLARA
I✓ `t'Jc7c�7 �� ` — -
�ak" EDWIN J. MOORE By: EVERETT N. SOUZA�—
City Attorney Mayor
ATTEST: All
B JEN IFER ARACINO
C u s�- Cit Manager
.E. BOCCIGNOUX
City Clerk 1500 Warburton Avenue
Santa Clara, CA 95050
Tel: (408) 984-3039
CITY OF CUPERTINO
/1141
X
*HARLES KILIA B . J PLUNGY
City Attorney
A EST:
By: ON ROWN -.
City Manager
DOROTHY CORN LIUS
City Clerk 10300 Torre Avenue
Cupertino, CA 95014
Telephone: (408) 252-4505
OWNERS: The Estate o GROUND LESSEE:
William W. Lester
By:
GENERAL ACKNOWLEDGMENT No.201
State of California On this the 4 th.day of May 19 89,before me,
County of
Santa Clara SS' Christine Marshall Nobrega ---------------
the undersigned Notary Public,personally appeared
Hazel B. Lester and Stanley E. Lester -----
XXX personally known tome
OFFICIAL SEAL ❑ proved tome on the basis of satisfactory evidence
CHF4 dE WIRSFWI NOBFIEOA
��1p�yy mpp. la to be the person(s)whose name(s) are -------subscribed to the
r BANTA CLARA COUNTY —
within instrument,and acknowledged that they --- executed it.
Cwn.Exp. 1993 WITNESS my hand and official seal.
Notary's Signature
State of California )
ss.
County of San Francisco)
On this 22 day of May 19 89 , before me, Patricia Thompson,
personally-appeared Frank Juszcz k and
William J. Abelmann , personally nown to me or proved to me on
the basis oi satisfactory evidence) to be the Senior Vice President
and President respective y, ot the corporation. that
executed the within instrument and known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) who executed the within instrument on
behalf of said corporation, said corporation being known to me (or proved to me on
the basis of satisfactory evidence) to be one of the partners of
G. T. Associates , the partnership that execute t e
wit in instrument, and acknowledged to me t at such corporation executed the same
as such partner and that such partnership executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal,
the day and year in this Certificate first above written.
Patricia ompson, ota • Public ort e
y�. State of California
d' PATRICIA THOMPSON
ly,^A
4i . =9-
NOTARY PUBLIC-CALIFORNIA My Commission Expires December 6, i99i
CITY&COUNTY OF
SAN FRANCISCO
Ply Commission Expires Dec.6.1991
♦ a-
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19(E >001
rPI
ARA
THE
BUILDING INSPECTION
CITY HALL
WARB
� �1 1500 URTON AVE.
SANTA CLARA,CA.95050
(408)984-3066
June 12, 1989 C'n,
OF CUPERtINO
BUILDING DFPt.
Mr. Joe Antonucci
Chief Building Inspector
10300 Torre Avenue
Cupertino, CA 95 014
RE: Agreement for granting a variance to the Uniform Building Code
requirements for structure separations.
Dear Joe:
Enclosed please find the above referenced agreement for the property
on Stevens Creek Boulevard and Tantau Avenue. Would you please have
the agreement executed by the City of Cupertino-and-return-same-to--,
Should you have any questions, .,please call me at 984-3066.
Sincerely,
David V PasqA6elii
Building Inspector
DJP/mms