Theresa Avenue., 1422 - Declaration of Covenants. A.
Recording 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
25423365
Regina Alcomendras
Santa Clara County - Clerk -Recorder
01/06/2023 10:10 AM
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Titles: 1 Pages: 4 CITY CLERK'S OFFf r.
Fees: 111.00
Taxes: 0
Total: 1111.00
(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 28th day of January, 2022, by Jason Richard
Heimann & Shirley Chan having an address of 1422 Theresa Avenue, Campbell, CA 95008 (hereinafter
referred to as "Owners"), 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, Owners are the sole owners in fee of certain real property commonly known as
1422 Theresa Avenue, 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 406-23-023
(hereinafter referred to as the "Subject Property");
WHEREAS, on September 10, 2021, Owner submitted Building Permit application number
BLD-2021-1414 for approval 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 Owners 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, Owners hereby declares, 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 principal 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. Owners 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 Owners' 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 Owners 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: �' " I A
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NAME NAME (PRINT)
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SI A SIGNATURE
DATE DATE
NOTARY ACKNOWLEDGMENT FOR ABOVE SIGNATOR(IES) MUST BE ATTACHED.
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CALIFORNIA 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 1
County of ��� C)
On ) 21 S S��L before me, ��fiTS►'1 ttcWGG� e • f� Q 61 � (►c,
Date ((( Here Insert Name nd Title of the Offic r
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personally appeared eJCSOr) %- Q; rV')6n1\ 9 C�XGn
of
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.
SATISH S. ADDAGADDE
— Notary Pub1,C . California
Santa Clara County
Commission a: 2278438
My Comm. Expires Feb 23, 2023
Place Notary Seal and/or Stamp Above
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.
Signature
Signat re of Notary Public
Completing this information can deter alteration of the document or
fraudulent reattachment off this form to an unintended document.
Description of Attached Docu ent , ec-i a`r V+�� "'� �v�c-'��� ` �^
Title or Type of Document:Ye-StY;J s^S I-n GCC c SS tl'� e� motel
Document Date: ) 2) ( 5T 2-2
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: , �Ie� r A&Nn
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❑ Corporate Officer - Title(s):
❑ Partner - ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer is Representing:
C2019 National Notary Association
Number of Pages: Z
Signer's Name: -6L
❑ Corporate Officer - Title( :
❑ Partner - ❑ Limited ❑ General
-'Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer is Representing: