Deed Restriction - 2011Recording Requested By:
City of Campbell
When Recorded Mail To:
City Clerk
City of Campbell
70 N. First Street
Campbell, CA. 95008
Far the Benefit of
City of Campbell
DOCUIMENT: 21199028 Pages 5
Fees.... * No Fees
Taxes...
Copies.. _
AMT PAID
REGINA ALCOMENDRAS RDE # 014
SANTA CLARA COUNTY RECORDER 6/06/2011
Recorded at the request of 2 36 PM
City
(Space above this line for Recorder's Usej
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS FOR A DWELLING UNIT
This Declaratio'rf 'is~~ ze ~ ed and delivered as of the ~_ day of ~ , 20 (( , by
l~ l L L 1 l~ N(, a ~ ~ ~ L (~ V N i•{ }} (Z U C }~ having an address at
~ i ~' ~} ~ ~~ L ~} Lac JV ~ E ~ L ~M-c~t L[, G~ ~ 5n~~~ {who is hereinafter referred to as
"Owners"), 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 refen•ed to as "City'').
WITNESSETH:
WHEREAS, Owners are the sole owners in fee of certain real property commonly known as
1180 Hazel Avenue, 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
406-30-040 (hereinafter referred to as the "Subject Property");
WHEREAS, on February 28, 2011, the Community Development Director approved
Administrative Site and Architectural Review Permit No. PLN2010-291 for remodel of an existing
residence to legalize an "as-built" addition and to constrict a new fi•ont fa4ade, herein after referred
to as the "Project";
WHEREAS, Section 21.72.020(D) of the Campbell Municipal Code defines asingle-family
dwelling unit as a structure with no more than one kitchen, for the exclusive use of a single family;
WHEREAS, Condition of Approval No. 4 of Administrative Site and Architectural Review
Permit No. PLN2010-291 requires recordation of a deed restriction prior to Building Pern~it
issuance stipulating that no part of the residence shall be rented or leased as a separate dwelling or
living unit; and
WHEREAS, on May 3, 2011; Owners submitted Building Permit No. BLD2011-00352 for
approval of construction of the "Project".
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR DWELLING UNTI' RESTRICIZONS
NOW, THEREFORE, in consideration of the benefits bestowed on the Subject Property by
the approval of the building pernlit, Owners hereby declares, covenants, and agrees as follows:
Any future improvements v~~ill require further permits. Such additional work done under
requisite perniits shall not require amendment of this Declaration so long as the work is
consistent with this Declaration.
2. The teens, covenants, conditions and restrictions set forth herein are:
a. No part of the residence shall be rented or leased as a separate dwelling or living
unit.
b. There shall be no more than one kitchen within the residence.
Violations of these restrictions shall constitute a violation of the Campbell Municipal Code.
3. Owner shall indemnify, defend and hold harnless the City of Campbell, and its officers,
officials, employees, and agents from any and all claims, demands, actions, causes of action,
losses, costs (including reasonably incun-ed 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 Owners' obligations under this Declaration, except foz• 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 teens, 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 Owners 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 aid run
with the land, and shall in ali 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:
w~ ~ ~~ ~- r~ ~~ ~ v~
NAME (PR~NT)A _ 7
SIGNATURE "
DATE ~J
OWNER:
NAME (PRiTv'T)
SIGNATURE
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DATE