Covenant - SLU - 2009When Recorded Mail To:
City Clerk
City of Campbell
70 N. First Street
Campbell, CA. 95008
For the Benefit of
City of Campbell
DOCUIMENT: 20460670
Pages 4
Fees.... 18.00
Taxes.,.
Copies.. 19.00
AMT PAID 37.00
REGINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
Owner
RDE # 005
10/07/2009
1 20 PM
(Space above this line for Recorder's Use)
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS FOR A SECOND LIVING UNIT
This Declaration is executed and delivered as of the (~~ day of ~~ 2009, by Alan
G. Lowder, having an address at 351 California Street, Assessor Parcel Number 305-35-007, (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
351 California Street (street address), Campbell, California (Santa Clara County Assessor's Parcel
Number 305-35-007), and more particularly described in Exhibit A (Location Map) attached hereto
and made a part hereof (hereinafter referred to as the "Subject Property");
WHEREAS, on September 2~, 2009, the Owner submitted application number BLD2009-
0070~ for a Building Permit, which seeks approval for the legalization of an as-built detached
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:
Alan G Lowder
NAME (PRINT)
SIGNATURE
DATE
Notarized Signature Required