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P.O Box 3351Recording 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 25416775 Regina Alcomendras Santa Clara County - Clerk -Re 12/16/2022 09:36 AM Titles: 1 Pages: 4 Fees: 1121.00 121.00 Taxes: 0 Total: mill W1IFdr1rVOMAI JA1441kFr [E0IEOVIE I I F F B 13 2023 Y C ERK'S..QFFICIE (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 13"' day of September, 2022, by 1999 Bradley Family Trust (Geoff I. Bradley & Heather G. Bradley), having an address of P.O. Box 3351, Saratoga, CA 95070 (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 1374 MUNRO 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 40314042 (hereinafter referred to as the "Subject Property"); WHEREAS, on July 21", 2021, Owner(s) submitted Building Permit application number BLD- 2021-840 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 -terns 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 pennit, 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 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. OWN R: NAME (PRINT) 1374 MUNRO AVE (` SIGNATURE C'n rim � u qo'cvk- 12. DATE OWNER: N-e.t+i, e,K e Lott sm NAM (PRINT) r ' . lJ� o1 k k�- 5vse a1�Caa SIGNATURE 1 1L - 5 -- 1-0 �-�-- DATE NOTARY ACKNOWLEDGMENT FOR ABOVE SIGNATOR(IES) MUST BE ATTACHED. 2 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. 3,i-�, r,� before me, MARIA SANCHEZ-PALOMINO, Notary On err-, �. i'�.,i-r Public, personally appeared f- ''; r . � (i.., �=jj°� 1 "I's "r ,-- who proved to me on the basis of satisfactory evidence to be the person(s);whose name( sa�reIsubscribed to the within instrument and acknowled ed,to me that 9 , . he/she fhey-.executed the same in his/her/-their,authorized capacity(ies), and that by his/herlt&ir signature(s)'on the instrument the persons),` 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. OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language }.:;._3 MARIA SANCHEZ-PALOMINO NOTARY PUBLIC - CALIFORNIA COFA MISSION / 2368275 SAIv7A CLARA COUNTY My Comm. Exp. July 28. 2025 (seal) Type of Satisfactory Evidence: rros�>cq Personally Known with Paper Identification Paper Identification 1 Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: Thumbprint of Signer Check here if no thumbprint or fingerprint is available. OFFICE OF COUNTY ASSESSOR a w Q PTN LOT 3 = LOVELL TF, WESTMONT P.M.716-M 8 -- —1— r P.M. 901-M-38 S A N T A C L A R A C O U N T Y, C A L I F 0 R N I A 403 14 IeN (FMLY. LOVELL AVE.) AVENUE f = 100, /39E /3B7 (FMLY LOVELL AVE-) /J40 /JJO /320 /J/0 1300 1284 90 90 151 91 g. 4tN lfn; •>S. B i° /J70 hog 1310 76 59?55 9fl?Y, 584i5 58455 Z e15 IZ/Oe 115.92 I 10,084af g 1 ' t i i i wl PCL 1 �_ 71 gp 5 0 1„ a a Istd 14 15 66 0.28 AC. a p ° 51 ci S o I> < — Z I a 70 �: I� PCL 1 < = o 48 Iav a < 13 0.31 AC. PLAN ne.0 — — 3 RI N o - < — 41 8 a 9 < 10 11 &;1 c— - m al c 12594 5 5 > I PCL 2^LO. 1LAN C �.x.I„, 6 5 14 l I o o 13 za' 0 67 so � 4t+Jf ° sa3o -- -----r--J-- ----I 3� ._. s: csv �� 1 0.29 AC. PLAN. I 0.28 AC. mPCL 4 15435 f - l/ : ;` PCL 2 8 9 1' A II IZ m m I - iR 0.31 AC. ° of 55 �,a' 3:� 72 81 a' 17 e o QI PCL 3 R;� 69 �' �d PCL ^� MUN nl 0.31 AC. PLAN. BOOK 0.98 AC. PLAN. nru ueo I _ 68 0.26-AC- m I PCL. 2 r; 57 ° 56 v 45 ; 65 66 s <- 37 36 -r- a--- — a 0 a ns- _ j n+.Ie L / 9- 34 f 46 c"i I Z I 223.11 21J.0 136 K C .o I I %8 I 2zB.i2 2 �. 0.16 AC. 60 c� ,, ass/ PLAN. JeJ I o 91 0.31 AC. PLAN. 0.754 AC. y4' 6n 1 b 3333 83.89 4 56 91 9 861 51 a936 0 JBY RO. 5. 173'M'S3 /J67 1357 IJ41 /333 , pl,•( 45G -M•9 1 rs99,, ^Vi rze7 /zs/ Q ti t,..- 4as6 rtY WUNRO !° 1-i"° r f „AVENUE 15 I •�Cb^i/ mY 7y�<` _ t y Y IJe ...�1384 iI �1374 ...1356 iI 1J2 .. 1302 I^-1300 .I 1290 1288 I286 59.48 58.46 57.91 63 a 103.8041.91 75 50 66.97 64.91 521a C. 52 PLAN . R.O.S. 904120 50 R ci I q5 a a 27 29 39 63 < 64<" 62 n < N 18 PLAN. 3ci "�' P19 m 18 17 P320 0 .PCL. E1 ,. 8998 4. 91.93 '65 1�76.03 94J.48 Z/�O P.M. 343-M-3 P.M. 559-M-23 TRACT NO. 117 15 MUNRO TRACT 4-M-22 1°s afr 1 07 LAWRENCE E. STONE — ASSESSOR Codastrd map for aseement purposes only. Compled under R. d: T. Code, Sec. 327. EffwtWe Rol Yaw 2022-2023