Deed Restriction - ADU - 2013DOCUMENT: 22302031 ~ Pages
Recording Requested By:
City of Campbell
When Recorded Mail To:
City of Campbell
Planning Division
70 N. First Street
Campbell, CA. 9`>008
For the Benefit c-f:
City of Campbell
'~I~IAllf~li116~~111~1~11m ~„.. ,i00
REGINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
Beneficiary
RDE # 025
7/15/2013
1 35 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 ~ ~ L' , 2013, by
Palitha-Saliva Vidanage and Manjula Ramani Vidanagc, having an address at 1300 West San
Tomas Aquino Road (who are hereinafter referred to as "Owners"), 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, Owners are the sole owners in fee of certain real property commonly known as
1300 West San 'Tomas Aquino Road, Campbell, California and more particularly described in
Exhibit A (Legal Description), attached hereto and made a part hereof, as Assessor Parcel Number
403-09-015 (here!inafter referred to as the "Subject Property");
WHEREAS, on June 10, 2013, the Owners submitted application number BLD2013-00565
for a Building Permit which seeks approval for allow construction of a new 722 square-foot
detached accessory structure including a 420 square-foot garage and a 302 square-foot workshop,
hereinafter 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;
WHEREAS; Section 21.36.020(A) of the Campbell Municipal Code allows 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 declares, covenants, and agrees as follows:
Any future improvements will require further permits. Such additional work done under
requisites permits shall not require amendment of this Declaration so long as the work is
consistent with this Declaration.
DECLARATION OF COVENANTS, CONDITIONS AND RF.S'I'RICTIONS FOR AN ACCESSORY STRUCTURE
2. The terms, covenants, conditions and restrictions set forth herein are:
a. T'he 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 not be installed (either temporarily or
permanently) or utilized in the accessory structure.
c. T'he workshop portion of the accessory structure shall remain open to the rest of the
structure by at least asix-foot wide opening. No door or other separation shall be
installed between the workshop and garage.
d. At least one covered parking space measuring nine feet wide and twenty feet deep
accessible to an automobile within the garage or carport shall be provided as
required by Chapter 21.28 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 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 tem-s, covenants, conditions and restrictions set forth herein are for the mutual benefit
of the Ciity 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 De,~laration 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.
OWNER:
_Palitha-Saliya Vidan~ e
NAME (PRINT) ~
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SIGNATU r
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DATE
OWNER:
Manjula Ramani Vidanage
(PRINT)
IGNATUR
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DATE