Plan Check/Deed Restrict - 2003
MEMORANDUM
From:
Planners U nk:nown
ommunity Development Department
:)
J J~emsley
e uty City Clerk
To:
Date:
Subject:
Recorded documents
The following recorded documents have been returned by the County Recorder's
Office:
Original
1. Declaration of Covenants, Conditions and Restrictions for an Accessory Structure
- 921 Crockett Avenue - Milan Ficek
2. Declaration of Covenants, Conditions and Restrictions for an Accessory Structure
- 43 South Milton Avenue - James J. Tir:ian and Reed Stevens
A copy of the above documents is attached for your records. The original documents
have been filed in the vault.
1'0 SE ReCORDED wm~OUT Fa:
SECTrON 6107\ GOVEml."e';T CO:)E
'/AT THE REOUEii Of cln OF Ct~¡j,~¡Jal
~
Recording Requested By:
City of Campbell
DOCUMENT:
17334871
Pages:
4
When Recorded Mail To:
City Clerk
City of Campbell
70 N. First Street
Campbell, CA. 95008
1111111111 I
Fees..
Taxes. .
Copies.
AMT PAID
16.00
16.00
For the Benefit of
City of Campbell
Recorded Free
Gov. Code Sec. 27383
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
Ci ty
ROE ** 009/015
9/09/2003
12: 01 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 15th day of July, 2003 by Milan
Ficek, having an address at 921 Crockett Avenue(who is hereinafter 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
921 Crockett Avenue, Campbell, California (Santa Clara County Assessor's Parcel Number APN
403-10-004), and more particularly described in Exhibit A (Legal Description) attached hereto
and made a part hereof (hereinafter referred to as the "Subject Property");
WHEREAS, on June 23, 2003 , the Owner submitted application number BLD 2003-827
for a Building Permit, which among other things seeks approval for the remodel of an accessory
structure (herein after referred to as the "Project");
WHEREAS; the conditions of approval of the Building Permit provide that the applicant
shall record this declaration of covenants, conditions, and restrictions for the accessory structure;
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. Any future improvements will require further permits. Such additional work done
under requisit~ pemlits shall not require amendment of this Declaration so long as the
work is consistent with this declaration.
2. The terms, covenants, conditions and restrictions set forth herein are:
1
- ...
a. The accessory structure shall not be utilized for living or sleeping
purposes.
b. Any appliance(s) for cooking or heating food or beverages, such as a
stove, oven, microwave, toaster, or hot plate, shall be not be installed
(either temporarily or permanently) or utilized in the accessory structure.
c. At least one covered parking space measuring ten feet wide and twenty
feet deep accessible to an automobile within the garage or carport shall be
provided as required by Chapter 21.50 Parking and Loading of the City
Zoning Code.
Violations of these restrictions shall constitute a violation of the City's Zoning
Ordinance.
3. Owner shall indemnify, defend and hold harmless the City and the City of Campbell
Redevelopment Agency, 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 or City of
Campbell Redevelopment Agency;
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 Owner 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.
2
.- ...
IN WITNESS THEREOF, Owner has executed this Declaration as of the first date set
forth above.
OWNER(S): fft'h //' ¡:-;c.. e£... '1
NAME (PRINT) øt ~ K £-
SIGNATURE(S)
-=7. IS~ 2. 00 3
DATE
Notarized Signature Required
PlEASE S££ ATTAtØm
CURRENT CALIFORNIA
IOTARY FORM
3
June 25, 2003
Mr, Milan Ficek
921 Crockett Avenue
Campbell, CA 95008
Re:
File No.: BLD 2003-827
921 Crockett Avenue
Dear Mr, Ficek:
The Planning Division has reviewed your building plan submittal for interior improvements to the
existing accessory building (GaragelWorkshop/Storage) at the rear of your property. Accessory
buildings on residential lots are limited in use so that they may not be used for living or sleeping
quarters, Consequently, the following improvements need to be removed from your proposal to
make it consistent with the enclosed Accessory Building Policy and the definition in the Zoning
Ordinance:
1)
2)
3)
4)
Bathroom: Please remove the shower line in the bathroom
Workshop/ Storage rooms: Please remove the closets,
Workshop: Please remove the gas fIreplace.
Opening: Please provide an opening of with a minimum 6 foot width between the
garage and the workshop and
Bay window: Please delete the bay window if this is proposed,
5)
Additionally, prior to the issuance of building permits, a deed restriction needs to recorded with
this property that advises owners and subsequent purchasers of the permitted uses of this
building, A draft deed restriction is also enclosed for you editing,
Please do not hesitate to contact me at (408) 866-2144 or via email at timh@cityofcampbell,com
to schedule a meeting to discuss these comments and! or clarification of the above request.
Sincerely,
Tim Haley
Associate Planner
encl:
cc:
Accessory Building Policy
Accessory Building Definition
Sample Deed Restriction
Geoff Bradley, Senior Planner
Bill Bruckart, Building Official
J:\Plan Check Letters\bld 2003-827--921 Crockett Ave,doc