Ridgeley Drive., 1201Recording 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
25461450
Regina Alcomendras
Santa Clara County - Clerk
04/12/2023 11:23 AM
Titles: 1 Pages: 4
EC EOVCE
P'l
u u M AY 1 5 2023
] 'I
,r,CITY CLERK'S OFFICE
Fees: $111.00
Taxes: 0
Total: $111.00
0111 FOR YEl�i�44 Yi�1�«��IJ 1 hA I.Xi h 11111
(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 141h day of June, 2022, by Brian D. Hays and Denise
T. Hays, having an address of 1201 Ridgeley Drive, 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 1201 Ridgeley Drive, 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 288-10-041
(hereinafter referred to as the "Subject Property");
WHEREAS, on May 20, 2022, Owner(s) submitted Building Permit application number BLD-
2022-736 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-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 COVENANTS, CONDITIONS AND RESTRICTIONS FOR AN ACCESSORY DWELLING UMT
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.
WNER:
4GNAWN'-E(PRINT)
TURE
DATE
DATE
NOTARY ACKNOWLEDGMENT FOR ABOVE SIGNATOR(IES) MUST BE ATTACHED.
2
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF 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
n
r� t
On �` 1� �� 2� before me, L� ���' ) �,v�G�� dIv,
vl.G�;�7 1
(Here nsert na and tltle of the a cer
personally appeared 1-11 a Tq rn ��C'��s o v-q) `Il>tii`c�✓I � vy' ► � ��t,�:j — _,
who proved to me on the basis of satisfaclbry 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true a
WITNESS my fiand bnd official
(Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATIO
DESCRIPTION OF THE ATTACHED DOCUMENT
1 1N i ttv` y�IiV16c�1
�Tiitle or d cription of attached document)
(Title or description of attached document continue)
Number of Pages Document Datel �11 I��IZ�'
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
❑ Attorney -in -Fact
p Trustee(s)
❑ Other
'_t:�t� :{_•fir ..t.,. e.;�':. .-_.:.. t.:ttt s='.. .''S-.`.`=:S
*my
WALTER CROCE
Notary Public - CaliforniaSanta Clara County
Commission # 2429041
Comm. Expires Dec 4, 2026 r
N
INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statures regarding notary wording and,
if needed, should be completed and attached to the document. Acknowledo vents
from other states may be completedfor documents being sent to that state so long
as the wording does not require the California notary to violate California notary
law.
• State and County infortation must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
Wshe/Ehey, is /are ) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document. number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document with a staple.
W
a
I
Exhibit A
O F F I C C O F C O U N T Y A S S E S S O R S ANT A
C L A R A C 0 U N T Y, C A L I F O P N I A
288
1A0
rlo
11
zip
�l0
12jl3
8�a
xl
TRACT
No. 1204
TRACT
No. 1108
TRACT
No. 1044
KUEHNIS I ESTATES
KUEHNIS 1 ESTATES
KUEHNISI ESTATES
1201 Ridgeley Drive
�-
UNIT
48-
kROBWAY
No.3
23
-
UNIT No.2
41- -46
- - - -
-
UNIT No.1
_
40- 28 I
- AVE.
_ I'y�
1X E —
�.5�
IrOa rr>t
rrp ,Ip rrso
rJfs7
rfrr V)n r)Y f)J0 R
1. aaer
i
Ja
�
I
59 � 61
r
§2 0 §j 0 L
§7
i
fig § � � L1
114
i1�_r'�-'-��r
46 45 r 44
, 43 42 41
, 40
39
3B r 37
I
r I
I
r
r Ana
r
r
1 2 1 3 4 5
6 7
8 9 i 1
-�l? 13
14
15
I
16 r 17
PCLA
`<
i
' a; �' R;
�g 9 47 s
g, 45 44 I
46 s
' ,
�3 r 41
�0
>L
3
iTj
5J 2 �, I
r
I
r
7,3
a
rn w e
o
a
[ 1
n�'
133�3 lroa
I111 IlJ3
I,Urill
TRACT No. 256
MESH" MANOR
rXll
r)IJ
1)n
DR.
11_ Inr
V
•
,oil
„n
a-M-25
fln I'm r20
It
rrt
P M4B1-A1-42
o
azt , �+
a7u [�
, , ,
no n
RIDGELEY
rC[O pY)0 11
r
t4506 '
jt�
n'
�s o
o a P.'L�
�� � —
E,
0l
zz
ip
20
21
22
_
36
I.tn.15
—irs�Y.•1
351
3p 7
33
JO M. a3
32
'
31
30
29
28
27
26
25 24
1
23 ; 22 21
20 19
L 8 1
14
PTN. 1 2
14,2aS SF
3 4 ;
5
i
6
7
8
20
21 ; 22 ;
23 i 24
25 26
27
3
0
C'
� '' >f
"' = L su
L
12 -
LQ
p 9
7
5 -
4
Z
7
'
1
rey
roar ron
raJ
Ito,nJr
21
nn
nu
n r Iv)
l3
fra ' r)m
)•
ryr , rns
Nae
— McBAIN —
- - -
TRACT No. 719
HOSTED GARDENS
-
-
- —AVE.
TRACT No. BOS
USTED GARDENS - UN. No.2
TH
nr
-
28-M-14
31-M-32
Y
O
91
EAMRENCE E. STONE - ASSESSOR
Cn[mtre rop Iv e-ief�v1 p-pM "y
�'
4�1
4
J
to
H
I V
Carpw vWr P A T. Ca'R Sec 327
Eff clW Res Yq 2013-2014
mt