Deed Restriction - ADU- Filed at County on 09/27/22Recording 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
25402162
Regina Alcomendras
Santa Clara County - Clerk -Recorder
11/18/2022 01:48 PM
Titles: 1 Pages: 4
Fees: 111.00
Taxes: 0
Total: 1111.00
mill KIP11111IiZ kf: Ah4+' & LlI l 11K k'A 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 27 b day of September, 2022, by Wang Xiaohu &
Meng Sherry, having an address of 7651 Echo Hill Ct, Cupertino, CA 95014 (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 1021 Hedegard 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 30751004
(hereinafter referred to as the "Subject Property");
WHEREAS, on March 23rd, 2022, Owner(s) submitted Building Permit application number BLD-
2021-433 for approval of the construction of a ATTACHED 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 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. 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: 'A
NAME (PRINT)
SIGNATURE
it/l>p/yZ
DATE
OWNER: 54'arr y
IN
NAME (PRINT)
SIGNATURE
DATE
NOTARY ACKNOWLEDGMENT FOR ABOVE SIGNATOR(IES) MUST BE ATTACHED.
See Alta ed
Jura /
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
On t l$ %-ZoZZ before me, Navp Sagun, Notary Public
T (insert name and title of the officer)
personally appeared )C I aO h. ( arto" Ske r- r'y k i y uo6n
who proved to me on the basis of satisfactbfy evidence to be the person(s) whose narT're(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 a d official seal. NAVP SAc3UN
: ... COMM. i 24016N
NOTARY PUBLIC • CAUFORNU
SWA CLOA COUNTY
• �( MY COMM. EXP APRIL 21. 20QM
Signature (Seal)
OFFICE OF COUNTY ASSESSOR SANTA C L A R A COUNTY, CALIF0RNIA
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