Deed Restriction - ADU - Filed at County on 07/26/22Recording 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
25341003
Regina Alcomendras
Santa Clara County - Clerk -Recorder
07/26/2022 10:42 AM
Titles: 1 Pages: 4
Fees: 1111.00
111.00
Taxes: 0
Total:
(Space above this line for Recorder's Use)
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS POR AN ACCESSORY DWELLING UNIT
This Declaration is executed and delivered as of the 301h day of March, 2022, by Neda LLC, having an
address of 229 Budd Avenue, Campbell, CA 95008 (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 229
Budd 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 3,05-34-017
(hereinafter referred to as the "Subject Property");
WHEREAS, on March 2, 2022, Owners submitted Building Permit application number
BLD-2022-343 for approval 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 common interest ownership arrangement shall be allowed. In rio
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. bestowed on the Subject Property by
thg e oerm°fcovenan snmgi°tiorlsOan res ricFo� declyor h°1t°erenn atis6:and agrees as follows:
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AN ACCESSORY DWELLING UNIT
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 laws.
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.
OWNER:
wylzqtv f�,L1E
NAME (PRINT)
SIGNATUY
DATE
OWNER:
NAME (PRINT)
SIGNATURE
DATE
NOTARY ACKNOWLEDGMENT FOR ABOVE SIGNATORIES) MUST BE ATTACHED.
See attached California
AcknovX ge nt W
Date . .Off/ i
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