Deed Restriction - ADU - Filed 07/14/2021Recording 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
25029273
Regina Alcomendras
Santa Clara County - Clerk -Recorder
07/14/2021 01:56 PM
Titles: 1 Pages: 4
Fees: $109.00
Taxes: 0
Total: 109.00
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(Space above this line for Rrcorder's Use)
,DECLARATION OF COVENANTS; CONDITIONS
AND RESTRICTIONS FOR AN ACCESSORY DWELLINGUNq
s ecT t, x cuted and delivered as of th day 'of 2021, by
`� ThiInAr,aving an address of f �� ,� ii (who
are he4i6i&r 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 137
Victor Avenue, 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 307-52-067
(hereinafter referred to as the "Subject Property");
WHEREAS, on March 3, 2021, Owners submitted Building Permit application number BLD-
2021-321 for approval of the construction of,a detached accessory dwelling unit (herein after referred to
as the "Project");
WHEREAS, Section 21.23.070(A) of the Campbell Municipal Code , prohibits 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;
WHEREAS, Section 21.23.070 (C) of the Campbell Municipal Code,states except as provided
as for by Government Code Section 65852.26, no subdivision of land or air rights, including creation of
a stock cooperative or similar conrmon' interest ownership arrangement shall be allowed. In no instance
shall an accessory dwelling unit or junior accessory dwelling unit be sold 'or otherwise conveyed
separate from the primary dwelling unit.
WHEREAS, Section 21.23.070(A) and (C) of the Campbell Municipal Code further requires the
City to require -recordation of a deed restriction setting forth such subdivision/sales and lease restrictions
on the title of Subject Property;
WHEREAS, Section 21.23.060(B) of the Campbell Municipal Code pertaining to Owner
Occupancy was removed and no longer requires Owners to occupy the main dwelling or accessory
dwelling unit.
NOW, THEREFORE, in consideration of the benefits bestovVed on the Subject Property by the
approval of the building permit, Owners hereby declares, covenants, and`agrees as follows:
1. The terms, covenants, conditions and restrictions set forth herein are:
DOC #25029273 Page 2 of 4
DECLARATION OF OOVENANIS, CONDITIONS AND RESTRICTIONS FOR AN ACCESSORY DWR LING UMT
a. 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, are prohibited.
b. Except as provided as for by Government Code Section 65852.26, no subdivision of land or
air rights, including creation of a stock cooperative or similar common interest ownership
arrangement shall be allowed. In no instance shall an accessory dwelling unit or junior
accessory dwelling unit be sold or otherwise conveyed separate from the primary dwelling
unit.
2. Occupancy:
a. The presence of the above described accessory dwelling unit will not trigger any requirement
for occupancy of either the accessory dwelling unit or the principle structure on the lot by
Owner(s).
b. Owner(s) shall fully comply with the ADU occupancy rules consistent with the Campbell
Municipal Code and/or any other applicable Iaws.
3. Violation of the above terms, covenants, conditions, and restrictions shall constitute a violation of
the Campbell Municipal Code.
4. Owners 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 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;
5. 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;
6. 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;
7. This Declaration may not be amended, modified, altered or changed unless in writing, in
recordable form, approved by City;
8. 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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DATE T
DATE
NOTARY ACKNOWLEDGMENT FOR ABOVE SIGNATORIES) MUST BE ATTACHED.
NOTARY PO9LIC
LOOSE CER" TE
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DOC #25029273 Page 3 of 4
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of Califor is
County of 1
Santa Clara J}
On 121 before me, Jennifer Ligon, Notary Public
ate �,�j e e�l�n(s�ejo Title of the Officer
personally appeared/%�L�ly�—�-t 4.1.
who proved to me on the basis of satisfactory evidence to be the eI'SO s� }those nam s) i are' bscrib
to the within rostrum and acknowledged t me that he/sh the execu ed the same in is thei
authorized capaci ies and that b his/he thei signaturqQ o e Instrument the person(9 or the entity
upon behalf of whi�e perso s) cted, executed the Instrument.
I certify under PE>AM OF PERJURY under the
laws of the S of Ca fornia that the foregoing
JENNIfERUGON paragraph I rue and orrect.
Notary Public • California
Santa Clara County WITNES m han nd official seal.
commission S 2342643 y
amy comm. Expires Jan 20, 2025
Place Notary Seal end/or Stamp Above
OPTI
Completing this Information can
fraudulent reattachment of this
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Cl 'med 5 n r (s) �_
Signer's Name:
❑ Corporate Offi er — Trtle(s):
❑ Partner — ❑ Limited ❑ General
,E'Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other.
Signer is Representing:
02019 National Notary Association
rtion of the document or
unintended document.
Number of Pages:
Signer's Name: �i M
Cl/CCJI�
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
.&ITh'—dividual ❑ Attorney In Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer is Representing: `0.4
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