Deed Restriction - Accessory Structure - 2017Recording 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
23735522
Regina Alcomendras
Santa Clara Countyy - Clerk-Recorder
08/23/2017 11:52 RM
CONF4RI~ED COPY
Copy of document recorded.
Has not been compared with original.
(Space above this tine for Recorder's Use)
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS FOR AN ACCESSORY STRUCTURE
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This Declaration is executed and delivered as of the ~ 3' 9 `~ day of 20 T~ , by
w '' having an address at
(who is hereinafter referred to as "Owner"), in
favor of and for the bene It of the City of Cafipbeli, 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 137
Llewellyn Ave, Campbell, California and more particularly described in Ezhibit A (Santa Clara County
Assessor Map), attached hereto and made a part hereof, as Assessor Parcel Number 305-24-036 (hereinafter
referred to as the ``Subject Properly");
WHEREAS, on July 26, 2017, Owners submitted Building Permit application number BLD2017-
00861 for approval of the remodel of an accessory structure, 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 kitchen facilities, and limiting the
number of plumbing fixtures to two;
WHEREAS, Section 21.36200(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 declares, 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.
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. The number of allowed plumbing fixtures shall be limited to two fixtures and may only include a
toilet, sink, hot water heater, or washing machine connection.
c. 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.
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.
OWNER:
NAME (PRIN~T)~ ~i'
SIGNATURE ~~
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DATF.
OWNER:
NAME (P ~ )
~,~`
.,~-may
SIGNATURE
DATE
NOTARY ACKNOWLEDGMENT FOR ABOVE SIGNATOR(IES) MUST BE ATTACHED.
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