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Deed Restrction - ADU - Filed at County on 09/28/22Recording 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 25382139, Rgina Alcom'endras Saenta Clara County - Cler 10/05/2022 09:37 AM Titles: 1 Pages: 5 Fees: 114.00 Taxes: 0 Total: 1114.00 OCT 24 2022 CITY CLERK'S OFFICE ■III W111UT' M11100, i4AX, FAI 1�4�1��1ah'���'��L: Yiti�f� 11111 (Space above this lime for Recorder's Use) DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AN ACCESSORY DWELLING UNIT This Declaration is executed and delivered as of the 28`t' day of September, 2022 by Seth Tasman and Kathryn Tasman having an address at 1144 Normandy Drive, 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"). WITNESSETII: WHEREAS, Owner(s) shall be the sole ovmer(s) in fee of certain real property commonly known as 1144 Normandy Drive, 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. 414-02-057 (hereinafter referred to as the "Subject Property"); WHEREAS, on February 24, 2022, Owner(s) submitted Building Permit application number 13LD-2022-308 for approval of the conversion of a detached accessory dwelling unit (herein after referred to as the "Project,,); WHEREAS; Section ? 1.23.070(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 riot 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 2.1.23.070(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(13) 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, Owners) 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 FORANACCESSORYDWELLINGUNIT 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. 2.0ccuupancy: 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 stricture 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 willfiil 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. OWNER: 'NAME T) SIGNATURE D_ ATE q12- °(� 2 2 OWNER: NAME (PRINT) SIGNATURE DATE — NOTARY ACKNOWLEDGMENT FOR ABOVE SIGNATORIES) MUST BE ATTACKED. = d s l" 71D I , P � '' f O F F I C E O F C 0 U N T Y A S S E S S O R S A N T A C L A R A TRACT No. 287 IELLEN ACRES 10-M-54 - - - SALERNO - - - - 0 1017 M 1033 1045 1057 1067 1089 1101 1115 1131 1145 ,,g.7 105.08 1 70.00 1 70.00 1 70.00 1 70.00 1 70.00 1 70.00 1 70.00 1 70.00 1 70.00 30' I 37 34 I I I I I I I I 1 n 38 39 ; 40 ; 41 ; 42 I 43 ; 44 ; 45 ; 46 125. 3 1� I I I I I I I I - - - - ----1 n I 1 1 1 1 I I I W N s 36 33 84iI � 35 36 1 37 1 38 39 40 41 42 43 co I I I I I I I I Z 125.91 I I I I ------------I-------I-------I-------I-------I-------I-------I-------I-------I----- I I I I I 7 35 32 4 : to cal 30 29 I 1 28 I 1 27 I 26 I i 25 24 I 23 I 22 I 126.39 1 � I I I I I I I I IM I I I I I I I I 65 ; 64 ; 63 ; 62 ; Al ; 60 ; 59 ; 58 ; 57 66 31 � gel I I I I I I I I 105.74 I 70.00 I 70.00 I 70.00 I 70.00 I 70.00 I 70.00 I 70.00 I 70.00 I 70.00 1016 1032 1046 f056 1068 1088 1100 1116 1130 1144 NORMANDY 1015 1031 1045 1055 1067 1081 1091 1107 1123 1135 7 107.49 1 70.00 70.00 70.00 I 70.00 1 70.00 1 70.00 1 70.00 1 70.00 1 70.00 Ll.J o f I I I I I I I I Z 3 2 0l I I I I I I I I 8 10 ; 11 ; 12 � -127.___ U 2 1 4� 3 4 5 6 7 8 1 9 1 10 1 11 70.00 I 70.00 1 70.00 1 70.00 1 70.00 I 70.00 1 70.00 1 70.00 1 70.00 128.32 1 60.00 I 60.00 1 60.00 1 60.00 1 60.00 1 60.00 I 60.00 I 60.00 I 60.00 I 60.00 I f •° 0 C 1 1 0 l C! I 3 I I 4 I I 5 1 I 6 I 7 I 1 8 I I 9 I I I 10 I I 11 I 1 12 I • to o I I I I I I I I I I I to I I I I I I I I I I 30' -___--_____Jq 128 81 I� I I I I I I I I I I I I I I I I I I I I n M I'" I 33 I 32 I 31 I 30 29 I 28 I 27 I I 26 I 25 I 24 34 2 0; 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 California 1 County of Santa Clara J} On C`?�� Cj 12 before me, Jonathan Yoshita Davidson, Notary Public_, Date Here Insert Name and Title of the Officer personally appeared - � '� �,,a t 4 , ri.;�rv, ctrr, Nome(s) of Signer(s) 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. .JONAI"HANYOSHrfADAVIDSONVI:a ?_ Notary Public . California '- z w== Santa Clara County s Commission # 2324049 I,r hcy Comm. Expires Near 13 2024E Place Notary Seal and/or Stamp Above 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. L 1 ^ Signhtu e Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: n s�� N �p 't h� ��,'�L�� � �5 \,��arzc3 �-jUor, + Document Date: C l umberofPages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ©2019 National Notary Association Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 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 California County of Santa Clara On I O o . .1ZC�Z7 before me, Jonathan Yoshita Davidson, Notary Public_, Date iy ,, Pere Insert Name and Title of the Officer ` personally appeared Name(s) of Signer(s) 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. o\ T JOh+ATHAN YOSHITA DAVIDSOI`d N= Notary Public - California �L ?s Santa Clara County comrnission # 23140,'9 uv Comm. Expires Mar 13 2024 Place Notary Seal and/or Stamp Above 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. Signs ur Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to on unintended document Description of Attached Document Title or Type of Document: in A cr), :s,1 f,>' ✓�' Document Date:_ '' cw�I 4­s U_��S`xsN —C N' VIC, um' erofPages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Via: :.:.rs.:•:, �'c.. ^.,' ••kts� •.r.. 02019