Deed Restriction - Pool House - 2012Recording Requested By:
City of Campbell
When Recorded Mail To:
City of Campbell
Planning Division
70 N. First Street
Campbell, CA. 95008
For the Benefit of:
City of Campbell
CONFORMED COPY: This document has
not been compared with the original.
SANTA CLARA COUNTY CLERK-RECORDER
Doc# 21761275
7/24,'2012 2 ~ 58 PM
(Space above this line for Recorder's Use)
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS FOR AN ACCESSORY STRUCTURE
This Declaration is executed and delivered as of the ~. ~ day of~ ,.,i , 20 i 2- , by
• j;;,~,~~,, t wl~.v,~ r '~,~;~ 11 having an address at
~. ~, ~~ ',~,, ~~~L~ (who is hereinafter referred to as
"Owners"), in favor of acid fort e benefit of the City of Campbell, having a business address of 70
North First Street, Campbell, California 95008 (hereinafter referred to as "City").
WITNESSETH:
WHEREAS, Owners are the sole owners in fee of certain real property commonly known as
947 N. Central Avenue, Campbell, California and more particulazly described in Exhibit A (Santa
Clara County Assessor Map), attached hereto and made a part hereof, as Assessor Parcel Number
279-23-034 (hereinafter referred to as the "Subject Property");
WHEREAS, on June 28, 2012, Owners submitted Building Permit application number
BLD2012-00569 for approval of construction of an accessory structure (detached pool house),
herein after referred to as the "Project";
WHEREAS; Section 21.36.020(A) of the Campbell Municipal Code prohibits the use of an
accessory structure as living quarters by disallowing sleeping quarters and limits the number of
plumping fixtures to two;
WHEREAS; Section 21.36.200(A) of the Campbell Municipal Code permits the City to
require recordation of a deed restriction setting forth such restrictions on the title of Subject
Property.
NOW, THEREFORE, in consideration of the benefits bestowed on the Subject Property by
the approval of the building permit, Owners hereby declazes, covenants, and agrees as follows:
1. Any future improvements will require further permits. Such additional work done under
requisite permits shall not require amendment of this Declaration so long as the work is
consistent with this Declaration.
DECLARATION OF COVI~~'S, CONDITIONS AND RESTRICTIONS FOR AN ACCESSORY STRUCTURE
2. The terms, covenants, conditions and restrictions set forth herein are:
a. The accessory structure shall not be utilized for living or sleeping purposes.
b. Additional plumbing fixtures such as a sink, shower, bath, or toilet, shall not be
installed (either temporarily or permanently) or utilized in the accessory
structure.
Violations of these restrictions shall constitute a violation of the City's Zoning Ordinance.
3. Owner shall indemnify, defend and hold harmless the City of Campbell, and its officers,
officials, employees, and agents from any and all claims, demands, actions, causes of action,
losses, costs (including reasonably incurred attorney's fees and litigation costs), and liabilities,
of any kind or nature, arising out of, or related to the condition of the Subject Property or use
or maintenance thereof, or Owners' obligations under this Declaration, except for any claims,
demands, actions, causes of action, losses, costs or liabilities that are the proximate result of
the sole negligence or willful misconduct of the City of Campbell;
4. The terms, covenants, conditions and restrictions set forth herein are for the mutual benefit of
the City and its real property and the Subject Property. The covenants contained in this
Declaration shall be binding upon Owners and inure to the benefit of City, and their respective
successors and assigns;
5. The covenants granted, reserved or otherwise set forth herein shall be appurtenant to and run
with the land, and shall in all respects constitute covenants running with the land pursuant to
applicable California law, enforceable by the City at law and in equity;
6. This Declaration may not be amended, modified, altered or changed unless in writing, in
recordable form, approved by City;
7. This Declaration shall be recorded in the Santa Clara County Office of the Recorder prior to
the issuance of any building permits for work on the Project.
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