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Deed Restriction - ADU - Filed on 11/28/22Recording 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 25408505 ;- Regina Alcomendras Santa Clara County - Cler, order 11/28/2022 03:25 PM 1� JAN 4 2023 Titles: 1 Pages: 4 Fees: $111.00 Taxes Total: $0111.00 CITY CLERK'S OFFICE 1111 N,OUIC P. ,111 (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 21 ' day of November, 2022, by PANG YONG AND SANDY; having an address of 170 Virginia Ave, Campbell, California 95008 (who hereinafter shall be referred to as "Owner"), 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"). 1 ra11 `) WITNESSETH: WHEREAS; the Owner shall be the sole owner in fee of certain real property commonly known as 170 Virginia Ave, Campbell, CA 95008 and more particularly described in Exhibit A (Santa Clara County Assessor Map), attached hereto and made a part hereof, as Assessor Parcel Number 40406069 (hereinafter referred to as the "Subject Property"); WHEREAS, on 8' September, 2022, Owner(s) submitted Building Permit application number BLD- 2022-1192 for approval of a(n) ATTACHED JUNIOR ACCESSORY DWELLING UNIT (herein after referred to as the "Project"); and 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; and 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 where to do so would allow the accessory dwelling unit or junior accessory dwelling unit to be sold or otherwise conveyed separate from the primary dwelling unit; and 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; and WHEREAS; Section 21.23.060(B) of the Campbell Municipal Code pertaining to Owner Occupancy was removed and no longer requires the Owner to occupy the main dwelling or accessory dwelling unit when an accessory dwelling unit is proposed. NOW, THEREFORE, in consideration of the benefits bestowed on the Subject Property by the approval of the building permit, the Owner hereby declares, covenants, and agrees as follows: 1. The terms, covenants, conditions, and restrictions set forth herein are: v 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 where to do so would allow the accessory dwelling unit or junior accessory dwelling unit to be sold or otherwise conveyed separate from the primary dwelling unit. 2. Occupancy: a. A property with a junior accessory dwelling unit shall be occupied by the property owner, who shall reside in either the junior accessory dwelling unit or the primary dwelling unit. b. The Owner shall fully comply with the accessory dwelling unit 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 shall indemnify, defend and hold harmless the City, 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; 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 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 (PRINT) See SIGNA URE 2 Ll zo ZZ- DATE OWNER: sallai NAME (PRINT) SIGNATURE (I1/yz 1171V2-Z DATE NOTARY ACKNOWLEDGMENT FOR ABOVE SIGNATORIES) MUST BE ATTACHED. 2 O F F I C E O F C O U N T Y A S S E S S O R S A N T A C L A R A C O U N T Y, C A L I F_ O R N 1 6 AVE, - -- — - -- W. CAMPBELL - - _ TRACT No. 720... CORAL MANOR Tua1 _ TRACT No. 819 ... 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STONE - ASSESSO C9dastrd map for emmwnent WWl y. Complied undo R. B T. Code, . 327. Effactl" Roll Y9 2022- W• RINO�N Ate• CALIFORNIA ALL-PURPOSE 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 11i ) On before me, Gurvinder Kaur, Notary Public to Personally appeared �C1 Y\ Here Insert Nomegnd Title of the Officer ( , Ci Nome(s) of Signer(s) who proved to me on the basis of satisfactor vidence to be (heerson(s) whose name(s) is/are subscribed to the within instrument and acknowledged to He that he/she/th` j xecuted the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrumentthe person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. G1ft1W KAUR COMM.42324471 NOTARY PUBW • CAUFORMA ALMOACOUNTY 4 MY COW. EXP. MARCH 1 JI Place Notary Seal Above I certify under PENALTY OF PERJURY underthe laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand a �fficial seal. 1 Signature Signature of Notary Public •---------------------------------------------------- OPTIONAL ---------------------------------------------------- Though this section is 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 ocumenl Date It L2 Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signers) Signer's Name 0 Corporate Officer—Title(s) Partner ❑ Limited 0 General Individual ® Attorney in Fact Trustee 0 Guardian or Conservator Other Signer Is Representing Signer's Name Q Corporate Officer—Title(s) 0 Partner Limited QGeneral Individual Attorney in Fact Trustee ❑ Guardian or Conservator Other Signer Is Representing ©2014NationalNotary Association • www.NationalNotary.org •1-800-USNOTARY (1-800-876-6827) Item#5907