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HomeMy WebLinkAbout645 Kenneth Ave RECKIVEC Recording Requested By: 24024038 OCT 18 2018 City of Campbell Regina A 1 comen CITY C OFFICE Santa Clara Counttyy - LERKS Clerk-Recorder � When Recorded Mail To: 09/14/2018 12:05 PM City of Campbell Planning Division Titles: 1 Pages: 4 70 N. First Street Fees: Campbell, CA. 95008 Total: 10.00 0.00 For the Benefit of ill!Vogl gilFt1114 I�,4 K�j'�l���i �r�4TY4��� 11111 City of Campbell (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 r f day of SepteP Jer, 20 if, by 7-i lc4 &ZV d tuft aOellq , having an address at V`T kChht r, 4reottL• f Sao(who is hereinafter 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, Owner(s) is the sole owner(s) in fee of certain real property commonly known as 645 Kenneth Ave, 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 404-26-009 (hereinafter referred to as the "Subject Property"); WHEREAS, on June 12, 2018, Owner(s) submitted Building Permit application number BLD2018-00798 for approval of construction of an accessory dwelling unit (herein after referred to as the "Project"); WHEREAS; Section 21.23.050(A) of the Campbell Municipal Code restricts the occupancy of accessory dwelling units so that no more than one dwelling unit on the parcel shall be rented or leased; WHEREAS; Section 21.23.050(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 21.23.050(A) of the Campbell Municipal Code further requires the City to require recordation of a deed restriction setting forth such occupancy and lease restrictions on the title of Subject Property; NOW, THEREFORE, in consideration of the benefits bestowed on the Subject Property by the approval of the building permit, Owner(s) hereby declares, covenants, and agrees as follows: DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS FOR A SECONDARY DWELLING UNIT 1. The terms, covenants, conditions and restrictions set forth herein are: a. Not more than one dwelling unit on the Subject Property shall be rented or leased. b. 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. 2. Violation of the above terms, covenants, conditions, and restrictions shall constitute a violation of the Campbell Municipal Code. 3. 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; 4. 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; 5. 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; 6. This Declaration may not be amended, modified, altered or changed unless in writing, in recordable form, approved by City; 7. 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: OWNER: thengri, Cgzv YA 0 DE NCI NAME(PRINT) NAME(PRINT) GNATURE SIGNATURE f� DATE 11 /2/ ltdQ ( r 2 100 DATE SE ATTACHED Ac Jurat) NOTARY ACKNOWLEDGMENT FOR ABOVE SIGNATOR(IES) MUST BE ATTACHED. 2 :KNOWLC=C)GMlE NT 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 CCar�3 On �J L tio1,0 before me, Kennedy Massey, Notary (public (insert name and title of the officer) personally appeared Ya o Dpg r l U 1 Y who proved to me on the basis of satisfy&tort' evidence to be the person(s)whose name(s)j&/are subscribed to the within instrument and acknowledged to me that lya7 /they executed the same in lyi /h�/their authorized capacity(ies), and that by / /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 01 PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. • WITNESS my hand and official seal. • ii , +""'o;. KENNEDY MASSEY vi s f, COMM.#2237583 a. NOTARY PUBLIC •CALIFORNIA m_ j SANTA CLARA COUNTY ,a` My COMM.EXP.APRIL 8.2022� Signati : E- : (Seal) - - OFFICE OF COUNTY ASSESSOR SANTA CLARA COUNTY, CALIFORNIA i BOOK b 7- PAGE 26 ' © �/jw� / TRACT No. 763 k.//. u FENLEY PARK SUBO. / 25—M-50 EMORY - - - - - - - AVENUE -- 355 see 585 601 627 635 657 set 693 703 725 4L Ct 494 110.29 j 75 84 es 84 a4 T 84 1 a4 84 e4 89.27 j 39.06 6009 Q o 0 36 27 I1 15 47 R / ' 37 38 39 40 it 42 43 44 45 , 46 1 I 127 j; — — 8L 127 le .I I 1 ' 83 ^`;5 28 26 25 24 23 22 21 20 19 18 17 I R 16 48 1°$ . 127 I 103.76 64 es 84 84 84 84 64 64 s477 ' 127 .. ... _ . —... . ...�3. .T.. 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