Deed Restriction - SLU - 2012Recording Requested By:
City of Campbell
When Recorded Mail To:
City Clerk
City of Campbell
70 N. First Street
Campbell, CA. 95008
For the Benefit of
City of Campbell
~ONFORMEIZ~OPY: This document has
not been compared with the original.
SANTA CLARA COUNTY CLERK-RECORDER
Doc# 21773067
1228 PM
8/01'2012
(Space above this line for Recorder's Use)
I3ECLARA~'IO>!d OF COVIr'?'~ ANT'S, +CONDI'lf [ONS
AND RESTRICTIONS FOR A SECONDARY DWELLING UNIT
Th's Declaration is executed and delivered s of the d of ~~ 20~, by
p ~, ~$ avmg an address at
2.2- ~ l,i~- ,, ~.fe., wh ~~ereinafter referred to as
"Owner"), in favor of and for the 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, Owner is the sole owner in fee of certain real property commonly known as
322 California Street, Campbell, California and more particularly described in Exhibit A (Santa
Clara County Assessor Map), attached hereto and made a part hereof, as Assessor Parcel Number
305-34-047 (hereinafter referred to as the "Subject Property");
WHEREAS, on May 15, 2012, Owner submitted Building Permit application number
BLD2012-00428 for approval of construction of a secondary dwelling unit (herein after referred to
as the "Project");
WHEREAS; Section 21.36.200(A}(1)(i) of the Campbell Municipal Code resii~cts the
occupancy of secondary dwelling units so that no more than one dwelling unit on the parcel shall be
rented or leased;
WHEREAS; Section 21.36.200(A)(1)(f) of the Campbell Municipal Code further requires
the City to require recordation of a deed restriction setting forth such occupancy restriction 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, Owner hereby declares, covenants, and agrees as follows:
1. The terms, covenants, conditions and restrictions set forth herein are:
a. Not more than one dwelling unit on the Subject Property shall be rented or leased.
Violation of this restriction shall constitute a violation of the Campbell Municipal Code.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR A SECONDARY DWELLING UNIT
2. Owner shall indemnify, defend and hold harmless the City of Campbell, and their 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 Owner's 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;
3. 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 Owner and inure to the benefit of City, and their respective
successors and assigns;
4. The covenants granted, reserved or otherwise set forth herein shall be appurtenant to and run
with the ].and, and shall in all respects constitute covenants running with the land pursuant to
applicable California. law, enforceable by the City at iaw a,~d in equiiy;
5. This Declaration may not be amended, modified, altered or changed unless in writing, in
recordable form, approved by City;
6. 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.
O ER: ,~ s ~Il~ ~~'~ ~ ~Y~-F'~'vl~ OWNEI~~, ~,~ ~o A l~ ~~
NAME f R KJ~- NAME (~R'~NT) -~ w 'v
SIGN URE SIGNATURE \/
{ ~ ~ gJl ~ 2012 _
DATE DATE
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA U y ~ r ~~ ~ y,12 Y,~ v ~` ~S
~~
On f I Z- before me,~~ ~~ ~P~ ~NF4~. - 1~2.~ /l °personally appeared ~"2~i~~ ~L1 ~ y>~ ~
(here insert name and tide of the office)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and
that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the persons(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS an fici seal
Signatur :- ~ e
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