Deed Restriction - 2003MEMORANDUM
To: Planners Unknown
'.ommunity Development Department
From: emsley
D~ty City Clerk
Date: D6~nber 10, 2003
Subject: Recorded documents
The following recorded documents have been returned by the County Recorder's
Office:
Original
1. Declaration of Covenants, Conditions and Restrictions for an Accessory Structure
- 921 Crockett Avenue - Milan Ficek
2. Declaration of Covenants, Conditions and Restrictions lbr an Accessory Structure
- 43 South Milton Avenue - James J. Tirjan and Reed Stevens
A copy of the above documents is attached for your records. The original docmnents
have been filed in the vault.
TO E,E,R~CORD,,ED YCTT~OUT F~
I~-CIION 6103, GO¥~.R~ ',~E :f CC~E
A~"T~ ~C:~UEST OF CiTY OF C~U.
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: 17334872
Fees ....
Taxes...
Copies..
AMT PAID
Pages: 4
16.00
16.00
BRENDA DAVIS RDE g 009/015
SANTA CLARA COUNTY RECORDER 9/09/2003
Recorded at the request of 12:81 PM
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 [t~day of August, 2003 by James J.
Titian and Reed Stevens, having an address at 43 South Milton Avenue (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 43
South Milton Avenue, Campbell, California (Santa Clara County Assessor's Parcel Number APN 305-
30-014), 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 July 24, 2003, the Owner submitted application number BLD 2003-990 for a
Building Permit, which among other things seeks approval for the addition of a air conditioning and
heating unit for 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:
a. The accessory structure shall not be utilized for living or sleeping purposes.
o
o
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 !aw, 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.
above.
IN' WITNESS THEREOF, Owner has executed this Declaration as of the first date set forth
SIGNATURE(S)
DATE
Notarized Signature Required
Exhibit A [
Order No:
961785 M'v'M Yom Ref:
1. The estate or intcrcst in thc land hcrcina~r described or refertedto covered by th~ rcport ia:
A lqiE
2. Title to said estate or intcrcst at ,he datc hereof is vested in:
dames J. Titian ~nd Reed Stevens, ~usb~d and wife,
with Right of Survivorehip
as Co,~,unity Property
3. Thc land rcfc~cd to in this report is situated i~ the Statc of California, County of SANTA
and i~ described ~s follows:
All that certain Real Property in the City of Campbell, County of Santa
Clara, State of California, deecrtbed an follown:
Lot 25 as show~ on that certain Map entitled, 'Tract NO. 112, Hedegard
S~bd~viBion of a part of Sec. 27 & 34 T. 7, S. R. 1W., M.D.B. & M., at
Campbell, Santa Clara County, California', which MaD wae £iled for record in
the Office of the Recorder of the County of Santa Clara, State of Cal&~ornia
on Aug~Bt 28, 1939 in Book 4 of Mapn, at Page(e) 14 a~d xS.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California '~ ~
On ~ /~. '~)C/)~, before me, ~~,~L~~~/~ ~~ ~~
personally ap;;~red ~ ~~1' of O~cer (e.g., "J~ Doe, Nota~ Pub~
Name(s) of Signer(s)
ersonally known to me
roved to me on the basis of satisfacto~
evidence
to be the person~) whose name(~) is/~rc-
subscribed to the within instrument and
acknowledged to me that h~9/she/they executed
the same in ,t~s/her/thek. authorized
capacity(-i~"), and that by ..h~lherl~
signature(~) on the instrument the person(~,), or
the entity upon behalf of which the person(~)
acted, executed the instrument.
OPTIONAL
Though 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 D.,,~c.u.m/~
Title or Type of Document: .~,/__.~_/'~
Document Date:
Signer(s) Other Than Named Above:
Number of Pages:
Capacity(ies) Claimed by Signer
,~gner's Name: Individual
Corporate Officer -- Title(s):
[] Partner--[] Limited [] General
[] Attorney in Fact
[] Trustee
[] Guardian or Conservator
[] Other:
Signer Is Representing:
Top of thumb here
1997 National Notary Association · 9350 De Soto Ave., P.O. Box 2402 · Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800~876-6827
CITY OF CAMPBELL
City Clerk's Office
August 26, 2003
County Recorder's Office
70 W. Hedding SWeet
San Jose, CA 95110
Dear Sirs:
Please record the following documents:
Declaration of Covenants, Conditions and Restrictions for an Accessory Structure - 43
South Milton Avenue - James J. Tirjan and Reed Stevens (Original and certified copy
enclosed)
Declaration of Covenants, Conditions and Restrictions for an Accessory Structure - 921
Crockett Avenue - Milan Ficek (Original and certified copy enclosed). This document
was returned to the City of Campbell unrecorded citing non-payment of recording fee.
Documentation from the Recorder's Office is also attached.
Please find check number 103295 enclosed, value $32.00, in payment of the recording fee for
the above two documents.
Please return recorded documents to the City Clerk's Office utilizing the enclosed self-
addressed envelope.
incerely,
E2yty City Clerk
cc. Recordation File
70 North First Street · Campbell, California 95008.1423 · 'mL 408.866.2117 · ~AX 408.374.6889 · TDD 408.866.2790
PUBLIC WORKS DEPARTMENT RECEIPT
Effective July 1. 2003
ro: City Clerk PUBLIC WORKS PILE N0.
PROPERTY ADDRESS
Plebe collect & ~ceipt for the followtu~ monies:
t35,535.49~1 P~oJect Revenue (~peclfy p~oject)
S2(CRO~ PERMIT
No~-Utlllty Encroachment Permit ($260.00)
Mino~ Encroachment Permit · $5,000 (857.00)
R-1 First Permit (Ho Fee) Subsequent (8120.00)
Utiflty Encl~achment Pexmit
Aflerial/Collector Street ($500.00)
Residential Street/Other Area~ ($275.00)
2203 Pku Check Deposit - 2% of E~GI~. EST, (SS00 mtn)
2203 Faithful Performance Security ~FI~) ( 100% of ]I~qC.R.EST. )
2203 Monumentation Security (100~ of EHGR~EST.)
2203 C~h DepoMt [4% of ENGI~EST.]($500 rain/S10.000 max)
2203 L~bor and Material Secmity [ 100% of EI~GR. EST.)
Plan Check & In~pectiml Fee (Non-Utility)
4722 ]~r.E~t. · 6250,000 (13% of EHC~L EST.)
** 2205 E~r.E~t.>$250, {Deposit 8% of ENGIL EST./S30,000 min.)**
4722 Utliit~ · $100,000 (8%)
~'l.tmum CbOe Per Location ($180.00)
Conduits/pipelines up to 500 l~eet ($2.25/ft)
Above 500 Linear Feet
Manhole~/Vaults/Etc. [$125.00/ea)
Pole Set/Removal ($123.00/ea)
8tFe~t Tree Planting/Removal
2203 Utility > 8100,000 A~tual Co~t + 30% **
4760' Pro~ect Plen~ & specifications Pro~ect No.
4760 Standanl Speemcationn & Detal~ ($~/Pg $~5.00/Bk)
4760 Copks of ~lneerln~ Map~ & P~ue
Aerial Plot 34" x ~6" [$50.00)
Ae~lel Print 8 1/2' x 11' ($20.00)
MAps and Plmu 24" x 3~~ ($7.75)
4722 Penalties: Failure to restore public hnprovem~($100/Calendar Da;tMunl CoS,
4722 Penalties: Failure to correct unsafe conditionf [$100/Calendar Day)
LAND DEVELO~
4722 lot Line Ad~tmel~t (NT~0.00}
4722 Parcel Map {4 Lots or Les~) {$2.400.00 +
4722 Final Tract Map {3 or Mm Lots) [$3.300.00 + $35/IOt)
4732 Ceztifleate of Compliance
4722 Certifleato of Correction {$365.00)
4722 A~se~sment Se~rel~atton o[ Reapportionment
Fi~t Spilt {6~55.00)
Reek Additional Lot {0200.00)
[Multi.Res, $3,250}
{All Other,
49~0 l~rkland Dedication Fee {75%/23% Due Upon Cert. of
511.742 Ptmto~e
~C
47~ Xnte~meetion Tunl Co~nt~ gl~o-Hou~ Count} $73.50}
472~ Intsrseetion Tunt Cou~t~ {a.m. or p.m. Peil~) ($145.00}
4738 Trnf~o Flow Map {Dally ~c ¥olmnes}
472~ C~mpbell Traffic Model ~ 8eo~ Asse~mem
472~ Cam~li ~e Model {Reduced Scope ~ [A~tual}
4271 l~ack Ponnlts {016.00/per trip}
473E No Parkin~ $1~ue (SI/each or 025/100}
**Actual Cc~t Plus 20% Overhead. J~2.n-Interest bearin~ depooit)
J:\forms\reeetpt f~om 03-04 7/1/03