Boston Avenue., 97Recording Requested By And
When Recorded Return To:
City of Campbell
Planning Division
70 N. First Street
Campbell, CA. 95008
For the Benefit of
City of Campbell
25420701
Regina Alcomendra
Santa Clara County
12/28/2022 03:02
Titles: 1 Pa
Fees:
1125.00
125.00
Taxes: 0
Total:
1111 R,F1R,A W%,, FN
rl e d Ff
F E 8 2
SPACE ABOVE THIS LINE FOR RECORDER'S USE
OCCUPANCY, LAND USE AND DEVELOPMENT RESTRICTION
AGREEMENT FOR URBAN LOT SPLIT
This Declaration is executed and delivered as of the 151h day of December, 2022, by SS
Realty LLC, having an address of 97 Boston Avenue, San Jose, CA 95128 (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").
RECITALS
WHEREAS, Owner(s) shall be the sole owner(s) in fee of certain real property commonly
known as 1351 Olympia Avenue, 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 414-04-020 (hereinafter referred to as the "Subject Property");
WHEREAS, Chapter 25 of Title 21 of the Campbell Municipal Code; sets forth certain
conditions on the subdivision of parcels as authorized by Government Code section 66411.7 and
the use and occupancy of any dwelling units built thereon, and Section 20.14.050 of the
Campbell Municipal Code requires the recordation of a covenant with respect to said conditions;
and
WHEREAS, on September 15, 2022, Owner(s) submitted Zoning Clearance application
number PLN-2022-34 for approval of an Urban Lot Split (herein after referred to as the
Project"); and
WHEREAS, this Agreement is the covenant recorded to satisfy the requirements of the
Ministerial Approval.
NOW, THEREFORE, in consideration of the benefits bestowed on the Subject Property
by the approval of the zoning clearance, the Owner hereby declares, covenants, and agrees as
follows:
11
2022no/25
A. Incorporation of Recitals. The foregoing recitals are incorporated into this Agreement by
reference and made part of this Agreement.
B. Agreement to Comply with Restrictions. In satisfaction of the Ministerial Approval
conditions, the Owner hereby accepts the obligation to notice all future buyers and
successors in interest of all conditions which apply to the Property.
C. No Further Subdivision under Section 66411.7. The Property may not be further
subdivided under the procedures outlined in Government Code Section 66411.7 and
Campbell Municipal Code Section 20.14.050(I) or successor provisions.
D. Residential Uses Only. Except as expressly authorized under Chapter 21.44 of the
Campbell Municipal Code or other applicable law, the Property shall -be used for
residential purposes only; and no non-residential use of any kind, including but not
limited to retail and commercial uses, shall be permitted on the Property.
E. Short -Term Rentals Prohibited. No structures on the Property may be rented for periods
of less than thirty (30) days.
F. Intent to Occuny. The applicant shall sign an affidavit attached as Exhibit B attesting that
the applicant intends to occupy one of the newly created parcels as their principal residence
for a minimum ofthree years from the date of the approval ofthe urban lot split (or issuance
of a certificate of occupancy for a new dwelling in the case of a vacant lot). The affidavit
shall be recorded on the title of the parcel concurrently with recordation of the parcel map.
G. Conformance with Code. All dwelling units located on the Property shall conform to the
requirements of the Campbell Municipal Code, as of the date of the Ministerial Approval.
Because the restrictions contained in this Agreement memorialize a land use approval
pursuant to the Campbell Municipal Code, the Ministerial Approval conditions shall
continue to apply to the Property, even if this Agreement is terminated or removed from
title following a foreclosure.
H. Cooperation Required. The Owner agrees to fully cooperate with the City in promptly
providing all information requested by the City to assist the City in monitoring Owner's
compliance with this Agreement.
I. Rights Appurtenant. The City and the Owner hereby declare their express intent that the
covenants and restrictions of this Agreement shall run with the land, and shall pass to and
be binding upon all parties having any interest in the Property, including all successors in
title to the Property. Each and every contract, deed, lease or other instrument covering,
conveying or otherwise transferring the Property or any interest therein, as the case may
be, shall conclusively be held to have been executed, delivered and accepted subject to
this Agreement regardless of whether the other party or parties to such contract have
actual knowledge of this Agreement.
J. Enforcement. Any violation of this deed restriction may result in the imposition of fines
or other enforcement action under the Campbell Municipal Code. The City may enforce
the provisions hereof through any proceedings at law or in equity.
2022/10/25
K. No Waiver. No delay or omission in the exercise of any right or remedy of City upon
any default by Owner shall impair such right or remedy or be construed as a waiver. The
City's failure to insist in any one or more instance upon the strict observance of the terms
of this Agreement shall not be considered a waiver of the City's right thereafter to enforce
the provisions of the Agreement. The City shall not waive its rights to enforce any
provision of this Agreement unless it does so in writing, signed by an authorized agent of
the City.
L. Amendments in Writing. This Agreement may not be amended except by a written
agreement executed by City and Owner.
M. City Approval. The Community Development Director or his or her designee is
authorized on behalf of the City to deliver any approvals or consents that this Agreement
requires.
N. Severability. If any one or more of the provisions contained in this Agreement shall for
any reason be held to be invalid, illegal or unenforceable in any respect, then such
provision or provisions shall be deemed severable from the remaining provisions
contained in this Agreement, and this Agreement shall be construed as if such invalid,
illegal or unenforceable provision had never been contained herein.
O. Multiple Originals; Counterparts. This Agreement may be executed in multiple originals,
each of which is deemed to be an original, and may be signed in counterparts.
P. Recordation. 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:,. I
NAME (PRINT)
SIGNATURE
DATE -`
2022/10/25
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Exhibit A
BOOK PAGE
414 4
141 De% IIV 107
LAWRENCE E. STONE — ASSESSOR
Coda*d map for oseeeelnelt Wp— Only.
Compiled under R. h T. Code, Sec. 327.
Effective Rail Year 2022-2023
A,
Of 'GAAf,# Community Development Department
o Planning Division - 70 N. First St., Campbell, CA 95008 - Phone 408-866-2140
c, t
Cp AFC•
Property Address: 1351 Olympia Avenue
Applicant/Property Owner Information
Name: SS Realty LLC City. San Jose
Address: 97 Boston Avenue
Email: fou., W g A j4 - "
Declaration
APN: 414-04-020
State: CA Zip:95128
Phone: i - 2 7- 28 % z
I, [insert name] SS Realty LLC , declare and state:
1. 1 am the owner of record of the property described above.
Exhibit B
2. The housing units proposed to be demolished or altered in connection with the above application for
an Urban Lot Split have not been occupied by a tenant at any time within the last three years [insert date of
application] September 15, 2022
3. 1 intend to occupy one of the proposed housing units as my principal residence for a minimum
of three years from the date of the approval of the Urban Lot Split (Final Map recordation).
4. 1 have not previously subdivided an adjacent parcel using an Urban Lot Split.
5. Neither I, nor any person acting as my agent or representative, have or has acted in concert with
another person to subdivide an adjacent parcel using an Urban Lot Split.
I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct.
Executed on (date): Q 1 19/1z
Name (Print):
Signature:
Community Development Department
Planning Division - 70 N. First St., Campbell, CA 95008 - Phone 408-866-2140
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 G ! /
On the flCtr"hlb 1 /9,. ?-t zz before AL a Notary Public, personally
appeared [,'a 1 4/'o , 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.
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:
Name: v 0#r24
Typed or Printed)
RUZERPINO ALTEZA NAGALk N
COMM. #2402479 v =
NOTARY PUBLIC-CALIFORNIA p a `
SOLANO COUNTY N 4LUpP
My Comm. Expires Apr. 28, 2026 Seal)
Exhibit
B
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 _AwIn
On the Peon.,Yloi(j /h, Zo,' Z before
appeared n
a Notary Public, personally
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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my ha
Signature:
and official seal.
Ruzerpino Alteza Nagai, Notary Public
Typed or Printed) (Seal)
RUZERPINO ALTEZA NAGAL .
COMM. #2402479
0 NOTARY PUBLIC-CAUFORNIA N
d Frs Apr. COUNTY8, 2026
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2022/10/25