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Hacienda Ave., 1505Recording 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 25449321 Regina AlcomendrasClerk-Re Santa Clara County 03/14/2023 02:41 PM Titles: 1 Pages: 4 Fees: 111.00 Taxes: 0 t 10 111 00 To a rrr i APR 1 0 ;u� , CITY CLERK'S 0-FICE (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 h day of May, 2022, by Mahmoud Aminolroaya and Ebrahim Amin, having an address of 1505 West Hacienda Avenue, Campbell, CA 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„). WITNESSETH: WHEREAS, Owner(s) shall be the sole owner(s) in fee of certain real property commonly known as 1505 West Hacienda 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 403-15-036 (hereinafter referred to as the "Subject Property"); WHEREAS, on April 27, 2022, Owner(s) submitted Building Permit application number BLD- 2022-638 for approval of the construction of an 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 COVENANT'S, 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: _ Ch r, a 4 nr 1 Lko NAME�7) A CVV" d14" SIGNATURE DATE M +9 M Q t1b AP4 r AJ© LR-,P4 g NAME (PRINT) A / h ly'rz,49: �,& SIGNATURE 11 !�/z 3 DATE ,� _ NOTARY ACKNOWLEDGMENT FOR ABOVE SIGNATOR(IES) MUST BE ATTACHED. 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 County of (�1 ar(� On lkb 141 202-J before me, Kw(niazva6 Date / Here Insert NaMe arld Title of the Officer personally appeared t"1ah�l9tA /n,n��Y'od Uq -EbM/"f in AMT Ida Name(s) of Signer(s) 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. DEBBY L. KURNIAWATI Notary Public - California Santa Clara County Commission N 2418323 My Comm. Expires Sep 29, 2026 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 A�� Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. 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