Deed Restriction - ADU - Filed at County on 09/12/22Recording 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
25370929
Regina Alcomendras
Santa Clara County - Clerk -Recorder
09/12/2022 12:09 PM
Titles: 1 Pages: 4
Fees: 1111.00
111.00
Taxes: 0
Total:
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EOCT12,22
CITY CLERK'S OFFIy-.
mill W11FAUMS101114 M'A«'rWINN411A 11111
(Space above this line for Recorder's Use)
DECLAMATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS FOR AN ACCESSORY DWELLING UNIT
This Declaration is executed and delivered as of the W, day of July, 2022, by Buddhadeb Basu &
Nandini Bhattacharya, having an address of 309 Redding Road, Campbell, CA 95008 (who hereinafter
shall be referred to as "Owner(s)"), 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, Owner(s) shall be the sole owner(s) in fee of certain real property commonly
known as 309 Redding Road, 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 414-
33-009 (hereinafter referred to as the "Subject Property");
WHEREAS, on June 24`a, 2022, Owner(s) submitted Building Permit application number BLD-
2022-654 for approval of the construction of a detached junior 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 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 Owner(s) to occupy the main dwelling or accessory
dwelling unit.
NOW, THEREFORE, in consideration of the benefits bestowed on the Subject Property by the
approval of the building permit, Owner(s) hereby declare(s), covenants, and agrees as follows:
I. The terms, covenants, conditions and restrictions set forth herein are:
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FORAN 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. 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;
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 Owner(s) 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.
O R: OWNER:
NAME (P NAME (PR
SIGNATU SIGNATURE
Cl
DATE I t DATE
NOTARY ACKNOWLEDGM ENT FOR ABOVE S11ONATOI£R(IES) DUST BE ATTACHED.
OFFICE OF COUNTY ASSESSOR SANTA CLARA 000NTY, C A L I F 0 R N I A
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ACKNOWLEDGMENT
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 California
County of Santa Clara
7
On. /��lll? ��j�j�� � before me,
z�.
A.K. SANDHU (NOTARY PUBLIC)
(insert name and title of the officer)
personally appeared AWM4P4 - F' AASO6?1I4y1,, A/AAM-TAs 91-44 i rf'( -KAR��i
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. T A-0.1 q A. K. SANDHU
3301
NOTARY PUBLIC ? CALIFORNIA
o ° SANTA CLARA COUNTY 0
('� r COMM. EXPIRES DEC, 6, 2024
Signature `�; >�"�� (Seal)
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