Deed Restriction - ADU - Filed 11/14/22Recording 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
25399443
Regina Alcomendras
Santa Clara County - Clerk -Recorder
11/14/2022 11:32 AM
Titles: 1 Pages: 4
Fees: 111.00
Taxes: 0
Total: 1111.00
i
DEC 12 2C!g?
CITY CLERK'S OFFICE
mill Kra 1111 . 4r, H1 L �Hl f,� Idi f Au it Rk"'),11111
(Space above this line for Recorder's Use)
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS FOR AN ACCESSORY DWELLING UNIT
This Declaration is executed and delivered as of the 13d' day of September, 2022, by Denworth Justin A
Trust, having an address of 637 N Central Ave, Campbell, California 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").
W TTNESSETH:
WHEREAS, Owner(s) shall be the sole owner(s) in fee of certain real property commonly known
as 637 N Central 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 27929024
(hereinafter referred to as the "Subject Property");
WHEREAS, on July 22nd , 2022, Owner(s) submitted Building Permit application number BLD-
2022-1100 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 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:
1.The terms, covenants, conditions and restrictions set forth herein are:
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICIIONS FOR AN ACCESSORY DWEU ING 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 j unior 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 nR: 1 _
N=,�
S
IL.
DATE
NAME (PRINT)
SIGNATURE
DATE
NOTARY ACKNOWLEDGMENT FOR ABOVE SIGNATOR(IES) MUST BE ATTACHED.
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer dorripleting 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 Sr4rr,�C-\ cv`K--'-, }
On a-cv. ILA, ^�Lt before me,
(Here insert name and title of the officer)
personally appeared /\-uu
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.
\ FERNANDO F. CROCE
WITN ''-S m h i d and official seal. Notary Public _alitornia 1111
z
F , Santa Cara County >
c" Commission s Dec24, 8
C My Cor. ^. Expires ec Z4, 2025
Notary Public Sure (Notary Public Seal)
INSTRUCTIONS FOR COMPLETING THIS FORM
ADDITIONAL OPTIONAL INFORMATION Thisfornrcomplies with current California statutes regarding notary wordingand,
if needed, should be completed and attached to the document. Ackiowledo vents
DESCRIPTION OF THE ATTACHED DOCUMENT
from other states may be completed_for documents being sent to that state so long
as the wording does not require the California notary to violate California notmy
L.`�vygn <v� vt� >r j CotJ"C�`3s law.
(Title or description of attached document) • State and County information must be the State and County where the document
sicmer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the sip er(s) personally appeared which
(Title or description of attached document continued) must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
Number of Pages 2 Document Date 1l i I`A I I.L commission followed by a comma and then your title (notary public).
• Print the uame(s) of document signer(s) who personally appear at the time of
., nia,i va ti nn
• Indicate the correct singular or plural forms by crossing out incorrect corms ;,ix.
13e/she/4}ey— is /are ) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, othenvise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
Additional infonnatio❑ is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document. number of pages and date.
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800K PAGE
COUNTY, CALIFORNIA 279 29
OFFICE OF COUNTY ASSESSOR
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