Deed Restriction - ADU - 2017r ~~
,~
Recording 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
23692774
Regina Alcomendras
Santa Clara County - Clerk-Recorder
07/07/2017 02:19 PM
Titles: 1 Pages: 4
Fees: $34.00
Taxes: $0
Total: $34.00
VIII 14!~.r~'t~ K~~ ~~F~fY4~,E~+~'~(~~~Y~wti LM~~L~~ f~~~ ~~~~ ~Yl~~~~ ~I II
(Space above this line for Recorder's Use)
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS FOR AN ACCESSORY DWELLING UNIT
This Declaration is executed and delivered as of the ~ day of ~~ 20 ~ ~, by
L~1~`",/r'/ZC' ~/~~f) ~ - havinaddress at
r'° > ' , ~ ~L~ ~ - "~~~~ (who pis hereinafter referred to as
"Owner"), in favor of and for th enefit o the City of Campbell, having a business address of 70
North First Street, Campbell, California 95008 (hereinafter referred to as "City").
WITNESSETH:
WHEREAS, Owner(s) is the sole owner(s) in fee of certain real property commonly known
as 1381 Estrellita Way, 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
403-16-036 (hereinafter referred to as the "Subject Property");
WHEREAS, on May 22, 2017, Owner(s) submitted Building Permit application number
BLD2017-00571 for approval of construction of an accessory dwelling unit (herein after referred to
as the "Project");
WHEREAS; Section 21.23.050(A) of the Campbell Municipal Code restricts the occupancy
of accessory dwelling units so that no more than one dwelling unit on the parcel shall be rented or
leased;
WHEREAS; Section 21.23.050(A) of the Campbell Municipal Code prohibits leases for
durations of less than thirty (~0) days, including short-term rentals (as defined by the California
Government Code) such as those offered through platforms including but not limited to Airbnb and
VRBO;
WHEREAS; Section 21.23.050(A) of the Campbell Municipal Code further requires the
City to require recordation of a deed restriction setting forth such occupancy and lease 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, Owner(s) hereby declares, covenants, and agrees as follows:
A )1
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR A SECONDARY DWELLING UNIT
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.
b. Leases for durations of less than thirty (30) days, including short-term rentals (as defined
by the California Government Code) such as those offered through platforms including but
not limited to Airbnb and VRBO.
2. Violation of the above terms, covenants, conditions, and restrictions shall constitute a
violation of the Campbell Municipal Code.
3. Owner(s) 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;
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(s) 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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NAME (PRINT
SIGNATURE
~~~~
DATE
OWNER:
NAME (PRINT)
SIGNATURE
DATE
NOTARY ACKNOWLEDGMENT FOR ABOVE SIGNATOR(IES) MUST BE ATTACHED.