Deed Restriction - ADU - Filed at County on 10/12/22Recording 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
25385214
Regina Alcomendras
Santa Clara County - Clerk-Recor
10/12/2022 11:40 AM
Titles: 1 Pages: 4
11 LUNNn l - 4 2022a CLERK'S ON ICE
Fees: 10-.00
0.00
Taxes: 0
Total:
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DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS FOR AN ACCESSORY DWELLING UNIT
This Declaration is executed and delivered as of the 26`h day of July, 2022, by Gillette 2018 Family
Trust , having an address of 873 Harrison Ave, Campbell (who hereinafter shall be referred "to as
"Owner(s)'), in favor of and for the benefit of the City of Campbell, having a business addressW 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 873 Harrison Ave, 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
27923008 (hereinafter referred to as the "Subject Property");
WHEREAS, on July 1st, 2022, Owner(s) submitted Building Permit application number.]3 D-
2022-989 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
Government Code) such as those offered through platforms including but not limited to Airbnb aAd
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 ownershiparrangement 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 tho.
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 :�y to
approval of the building permit, Owner(s) hereby declare(s), covenants, and agrees as follows:
1.The terms, covenants, conditions and restrictions set forth herein are:
DECLARATION OF COVENANTS, CONDMONSANDRESMICHONSFORANACCESSORYWH UNGUNIT
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 vidlation :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.
OWNER: OWNER: -
NAME.T) N y�(PRIN'I')
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ATURE VSIGNATURE
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DATE DATE
NOTARY ACKNOWLEDGMENT FOR ABOVE SIGNATORIES) MUST BE ATTACHED.
FA
OFFICE OF COUNTY ASSESSOR SANTA C L A R A COUNTY, CALIFORNIA
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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} ss.
On 2— 7 c U )—Z— before me, AVTAR S
personally
i7c_�pA
cc
NAT, Notary Public,
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) as/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 signatures(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.
AVTAR S. NAT
NOTARY PUBLIC - CALIFORNIA
COMMISSION # 2273944
SANTA CLARA COUNTY
My Comm. Exp. January 16, 2023 y
Signature
(seal)
OPTIONAL INFORMATION
Date of Document
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
Type of Satisfactory Evidence:
Personally Known with Paper Identification
Paper Identification
Credible Witness(es)
Capacity of Signer:
Trustee
Power of Attorney
CEO/CFO/COO
President / Vice -President / Secretary / Treasurer
Other:
Other Information:
Thumbprint of Signer
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