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Grace Ave., 1770SCANNED 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 25449637 Regina Alcomendras Santa Clara County - Clerk-Recor 03/15/2023 11:03 AM Titles: 1 Pages: 4 Fees: $111.00 Taxes: $0 Total: $111.00 U , i APR 1 0 2723 I CITY CLERK'S OFFICE 1111 RIFAI IJ:74A1,h 4A TyAV51' X: 1111 (Space above this line for Recorder's Use) DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AN ACCESSORY DWELLING UNIT This Declaration executed and delivered as of the 131 day of March, 2023, by ANDERSON GREG AND CHERYL Alhaving an address of 1770 Grace Ave, San Jose, CA 95125 (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"). -A 4h- e---son WITNESSETH: WHEREAS; the Owner shall be the sole owner in fee of certain real property commonly known as 1770 Grace 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 28825050 (hereinafter referred to as the "Subject Property"); WHEREAS, on 211 December, 2021, Owner(s) submitted Building Permit application number BLD-1933 for approval of a(n) DETACHED 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 2123.060(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: DECLARATION OF COVENANTS, CONDITIONS AND RESTRicnONSFOR ANACCESSORY DWEUINGUNTT a. Leases for durations of less than thirty (30) days, including short-term rentals (as defined by the California Goverment 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 ran 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: 61-eyry 411der^5o✓l NAME (PRINT) awz-m,.&. SIGNA 3-l4-2012-3 DATE OWNER Dery l y-500 NAME (PRINT) - 9 A '4yf SIGNATUiE 3 - /V- zo z3 DATE NOTARY ACKNOWLEDGMENT FOR ABOVE SIGNATORIES) MUST BE ATTACHED. See Attached CA Compliant Notary Certificate 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 Santa Clara On M a r d, 111 r 2 0 2 3 before me, Date r, personally appeared G re1'Ory Neha Bishnoi, Notary Public Here Insert Name and Title of the Officer %gncJerson and I Nome(s) of Signer(s) t, eryi[ Prncle-rson 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 hie/they executed the same in Nfr/ er/their authorized capacity(ies), and that by hi&A4er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. `r. .....NEHA BISHN01....: COMM # 23974457 .2 Santa Clara County California Notary Public C� o�e+`� Comm Exp Mar. 17, 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 � k:� eo-\ OA Signature of Notary Public 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: U e U GZ Y L a- l on o l CG$ %S Po r on Accessorg Db Document Date: ()� ' 14, "Z 3 Number of Pages: 051 Signer(s) Other Than Named Above: N/A Capacity(ies) Claimed by Signerq) Signer's Name: 6y-e nor4 H rl dei'son ❑ Corporate Officer — tle(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Self 0c2019 National Notary Association Signer's Name: C h Gr N L � n der& ah ❑ Corporate Officer — Tit (s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: l f ind Graf OFFICE OF COUNTY ASSESSOR S A N T A C L A R A COUNTY, C A L I F 0 R N I A J I 1 -0 288 25 Qa Giza 0I 3 6 26©I R.o.S. +5e/z I TRACT NO. 405 wF� TRACT G2 NO. 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STONE - ASSESSOR CaWW map for aeewnoll p pow ally. Compled under R. 3 T. Code, Sea. 327. Efholtw Rol Yw 2022-2023