Covenant - 2002MEMORANDUM
To:
From:
Date:
Subject:
Ben Mendoza
$~~1~!C f°rcement
sley
it~0~lerk
Recorded documents
The following recorded document has been returned by the County Recorder's Office:
Original
1. Declaration of Covenants, Conditions and Restrictions for an Accessory Structure
- 565 Chapman Drive - Richard H. Bricmont
A copy of the above document is attached for your records. The original document has
been filed in the vault.
Recording Requested By:
City of Campbell
When Recorded Mail To:
City Clerk
City of Campbell
70 N. First Street
Campbell, CA. 95008
For the Benefit of
City of Campbell
Recorded Free
Gov. Code Sec. 27383
DOCUMENT: 16204159
~001620415~
Titles:l / Pages: 5
Fees .... * No Fees
Ts×es...
Copies..
AMT PAiD
BRENDA DAVIS RDE ~ 882
SANTA CLARA COUNTY RECORDER 4/10/2002
Recorded at the request o{ 9:35 AM
City
(Space above this line for Recorder's Use)
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS FOR AN ACCESSORY STRUCTURE
This Declaration is executed and delivered as of the ~/~//.. !' day of Jd'20~ ,
2002, by ~/t21,'/q &¢2:> /j. u~et~x-4 o/~ / , having an address at
S"~$ 0)-?/9t9~!/'-1t.~ ,/~"~ rc'~4/-~t'.-'~'~_ ~ (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 is the sole owner in fee of certain real property commonly known as
,.~'-~,..~ ~_~j,/'/C'lc::~ft"~ ./,Z~,~['~?,~. (street address), Campbell, California (Santa Clara
County Assessor's Parcel Number .O"E)6, -._~O -- _/'Do~ ~ ), and more particularly
described in Exhibit A (Legal Description) attached hereto and made a part hereof (hereinafter
referred to as the "Subject Property");
WHEREAS, on oi'/i-._~t:~>~, the Owner submitted application number
~29.~7Ot:'~'e,~.gZqfor a Building Permit, which among other things seeks approval for the
cohstruction of an accessory structure (herein after referred to as the "Project");
WHEREAS; the conditions of approval of the Building Permit provide that the applicant
shall record this declaration of covenants, conditions, and restrictions for the accessory structure;
NOW, THEREFORE, in consideration of the benefits bestowed on the Subject Property
by the approval of the building permit, Owner hereby declares, covenants, and agrees as follows:
Any future improvements will require further permits. Such additional work done
under requisite permits shall not require amendment of this Declaration so long as the
work is consistent with this declaration.
2. The terms, covenants, conditions and restrictions set forth herein are:
o
o
o
o
o
a. The accessory structure shall not be utilized for living or sleeping
purposes.
b. Any appliance(s) for cooking or heating food or beverages, such as a
stove, oven, microwave, toaster, or hot plate, shall be not be installed
(either temporarily or permanently) or utilized in the accessory structure.
c. At least one covered parking space measuring ten feet wide and twenty
feet deep accessible to an automobile within the garage or carport shall be
provided as required by Chapter 21.50 Parking and Loading of the City
Zoning Code.
Violations of these restrictions shall constitute a violation of the City's Zoning
Ordinance.
Owner shall indemnify, defend and hold harmless the City and the City of Campbell
Redevelopment Agency, 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 or City of
Campbell Redevelopment Agency;
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;
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;
This Declaration may not be amended, modified, altered or changed unless in writing,
in recordable form, approved by City;
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.
IN WITNESS THEREOF, Owner has executed this Declaration as of the first date set
forth above.
Notarized Signature Required
PLEASE SEE ATTACHED
OURRENT CALIFORNIA
NOTARY FORM