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Deed Restriction - SLU - 2008 DOCUMENT: 19995952 Pages: 3 Recording Requested By: City of Campbell When Recorded Mail To: City Clerk City of Campbell 70 N. First Street Campbell, CA. 95008 I ~ 111111I 1111111111 Fees. . . . Taxes. . . Cop i es. . AMT PAID * No Fees REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of Ci ty RDE ** 010 9/23/2008 11: 43 AM For the Benefit of City of Campbell Recorded Free Gov. Code Sec. 27383 (Space above this line for Recorder's Use) DECLARA TION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR A SECOND LIVING UNIT This Declaration is executed and delivered as of the I Z- f'Jv if day of e?~ ' 2008, by , having an address at (who is hereinafter referred to as "Owner"), in favor of and for the benefi 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 ~ 2.. ~ ke.. t'\ netVl AVe:- (street address), Campbell, California (Santa Clara County Assessor's Parcel Number LLo4 -~()~ ~ I -D 0 ), 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 !/el? /OLtLoox, the Owner submitted application number BLD 2008- Q0912 for a Building Perrrlit[ whic among other things seeks approval for the construction of a secondary living unit (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 secondary living unit; 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: 1. 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. Not more than one dwelling unit on the Subject Property shall be rented or leased. b. One of the two dwelling units on the Subject Property shall be Owner occupied at all times. Violations of these restrictions shall constitute a violation of the City's Zoning Ordinance. 3. Owner 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 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: IV ,\j f\ N N u' U Yf7N NAME (P~ ~. / .. ,;.. tal SIGNATtrRE I~ self ~2/7OO~ D A 'iV\ OWNER: ~.o/) NAM~~~, ~ SIGNATURE <;'4i?' fr \7- I ?Dn\ DATE STATE OF CALIFORNIA COUNTY OF SANTA CLARA On the !,t ~ day of .;, It l~ ,2...g before me, the undersigned, a Notary Public in and for the State, f 1&..'" ... - .,... 1j C,llf'fI&A ... t,l.Y"'" tv.. -- ~ personally appeared ~ P , plP!l8f1!lIl) kJ.vh-.rtu 1M (or 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 hislher/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalfofwhich the persons(s) acted executed the instrument. WITNESS my hand and official seal ~~------~--~-J @ AJIT SINGH BANWAIT _ CommissIon # 1507617 i . Me; Notary Public. Callforn:a I ~ " . Santa Clara Counfy f MyComm. ExpIres ~ 12, 2008 -------------....... for;;;tte lV#t",/IJU MI. g .,.~.J-- ~ State of Cal iforniL . .. . ....) County of Santa Clara. ...) On ~~..d"" ~ J...i before me, Ajit Singh Banwait, Notary Public, Personally appeari~d "..~ ~. -- J'V~....,;.. UC ~.tA~,..... . Who proved to m(~ on the basis of s~s actory evi ence to e e person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shehhey executed the same in his/her/their authorized capacity (ies), and that by llis/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 PE'JAL TY OF PERJURY under the laws of California that the foregoing parcgraph is true and correct. f~:*~ 0' _I ~ __ ~.. 8 AlIT SINGH BANWAlT Commission # 1507617 ~ . Me: Notary Public.. Califom:a ~ ~. Santa Clara County 1 ~ ~ ~ ~:o:m:...Ex~e~Se~ 1 ~ 2~8 Signature ( Seal )