Mckendrie St., 1170Recording 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
25460487
Regina Alcomendras
Santa Clara County - Clerk
04/10/2023 03:26 PM
Titles: 1 Pages: 4
Fees: 1111.00
111.00
Taxes: 0
Total:
p Ec��udED
-a r MAY 1 5 2023
CITY CLERK'S OFFICE
mill KFAIMMAK191%) luhhkC &A 1A I i� UNA 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 12'' day of December, 2022, by HOU HSIANG
JEN AND MERINO DIANA LIVE, having an address of 1170 McKendrie St, San Jose, California 95126
(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").
WITNESSETH:
WHEREAS; the Owner shall be the sole owner in fee of certain real property commonly known as
441 Richlee Dr, 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 28811043 (hereinafter
referred to as the "Subject Property");
WHEREAS, on November 30', 2022, Owner(s) submitted Building Permit application number
BLD-1812 for approval of a(n) ATTACHED 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 21.23.060(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, CONDMONS 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 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 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: T
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SIGNATURE
DATE
OWNER: .
//fj/']�, Di'unw I'ye
NAME (PRINT)
SIGNATURE
01: /l0loZ
DATE
NOTARY ACKNOWLEDGMENT FOR ABOVE SIGNATORIES) MUST BE ATTACHED.
800K
284
EXHIBIT A
OFFICE OF COUNTY ASSESSOR SANTA CLARA COUNTY, CALIFORNIA
12
288 11
- RICHLEE - _ TRACT No. 1108 _ _ - DR - // I
KUEHNIS ESTATES -UNIT No.2 R 497-9 087 I473 Mi 451 H/ 0.1427 ill JT J7J J61 I Jig I 0.7 �I 0�
-
40.86 1 60.15 60.15 80.15 I 60.15 1 80.15 I 80.15 1 60.15 I 60.15 I 60.15 I 60.15 80.13 60.15 80.15 60.15 605 ao.S140.26 II
I I I 1 I I I I I I I I I I 1 I 1 3a1'
$ 38 ;, 39 40 41 42 43 44 ; 45 46 47 48 49 50 Li 52 Li 54 55
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1 1 I I I I 1 I I I I 1 I I I I I
65 I 66 I 67 I 68 I 69 I 70 I 71 I 72 I 73 I 74 I 75 I 76 , 77 I 78 1 79 I 80 I 81 I 82
61.09 I I I I I I 1 I I I I I I I 1 I I 80.1s Q
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1 I I I I I I I I I I I I 1 1 I I
37 ;$ 36 35 34 33 32 31 30 29 28 2 26 ; 25 24 23 ?2 1 g; 20
1 1 I I I 1 I I 1 I I I I I 1 I I 1
1 1 I I I I I I I 1 I 1 1 I
41.31 60.75 80.13 00.13 60.13 60.15 60.13 60.13 80.75 140.15 80.15 150.13 I I I 60.15 60.15 80.15 60.15 80.15 40.42
486-8 472-4 450-2 450-2 "0-2 4J-6 47217 416 392-410 J52-4 372-4 J60-2 348-50 336-8 J20 J14 304
TRACT No.
04
m KUEHNIS KEUHNIS ESTATES 12 UNIT No.3 DR. $
445-55 427-29-31 417-19-21 J93-95-99 J85-85-87 373-71-77361-63-67347-9-51-J JJ7 321-7-9-Ji JIS-7-9-21 J01-7-9-11
101.06 301 80.15 I60.15 I 60.15 I 60.15 I 60.15 I 60.15 I 60.15 I 80.75 I 60A5 I 60.15 140,28
8 0 7 8 9 10 11 12 13 14 1,m L I 17 I 18 9I 19 O O
1 'I l0
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101 102 103 104 105 106 107 108 109 110 111
121.29 ... 301 ... ... .l. 60.15
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LAWRENCE E. STONE - ASSESSOR
O Codmtrd may for assessnent purpom only.
2 - AVE Compied under R. t T. Code. Sean 327.
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11.325 Ac Net
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W 60'
16781170012DIM150190118W
R.O.S. 247/44 P.M. 616-M-19
(FMLY S.J. - LG. RD.)
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LLA. 20147256
R.O.S. 247/43 M "r. u on
LAWRENCE E. STONE - ASSESSOR
O Codmtrd may for assessnent purpom only.
2 - AVE Compied under R. t T. Code. Sean 327.
lEffwtf- Roe Yew 2022-2023
594.77 'LtL 158.50
few
LLA. 20147256
R.O.S. 247/43 M "r. u on
LAWRENCE E. STONE - ASSESSOR
O Codmtrd may for assessnent purpom only.
2 - AVE Compied under R. t T. Code. Sean 327.
lEffwtf- Roe Yew 2022-2023
CALIFORNIA ALL-PURPOSE 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
}ss.
County of Santa Clara
On .2)1.1D> :% before me, Linda E. Lococo, Notary Public, personally appeared
*my
LINDA E. LOCOCO
Notary Public - California
unty
Commission M 2359451
Comm. Expires May 29, 2025
4 L / kii J_)LZ)r10
who proved to me on the basis of satisfactory evidence
to be the persons w1hose names are subscribed to the
within instrument and acknowledged to me that they
executed the same in their authorized capacities,
and that by their signatures on the instrument the
persons, or the entity upon behalf of which the persons
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..
0
Z-
---------------------- OPTIONAIL the information below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document : ' UULR -Q7/Cr( O
Document Date: _/ / 1
;i1En'�rLi�.. i��rl i7lOr�S �G�lG7iL�1; r6c
Number of Pages: 7140 f 'IkIr
Signer(s) other than named above: A10 i?7iJ 5)61,k rJ
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer
Title(s):
❑ Partner --- ❑ Limited
❑ Attorney -in -Fact
❑ Trustee
❑ General
❑ Guardian or Conservator
❑ Other:
Signer's Name:
❑ Individual
❑ Corporate Officer
Title(s):
❑ Partner --- ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing Signer is Representing