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25050288 - Deed Restriction For Accessory Dwelling Unit - - Recorded 07/30/2021RECORDED FOR THE BENEFIT OF THE CITY WITHOUT FEE PER CALIFORNIA GOVERNMENT CODE SECTION 27383 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Gilroy ATTN: Planning Division & City Clerk City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 25050288 Regina Alcomendras Santa Clara County - Clerk -Recorder 07/30/2021 02:53 PM Titles: 1 Pages: 4 Fees: 0.00 Taxes: 0 Total: 0.00 1111h4:43A i'1nbty),11III SPACE ABOVE LINE FOR RECORDER'S USE DEED RESTRICTION DECLARATION OF RESTRICTIONS FOR ACCESSORY DWELLING UNIT The undersigned, Toptree Trust 2020D Revocable Trust, owner(s) of the real property in the City of Gilroy, Santa Clara County, State of California, set forth in the legal description in "Exhibit A" and identified by Assessor's Parcel No. (APN) 799-18-056, address 7420 Hanna St., Gilroy CA 95020, (hereinafter referred to as the "Property Owner") declare(s) that: The 61 1.30 sq. ft. and detached (hereinafter referred to as the "Accessory Dwelling Unit"), as approved by the City of Gilroy under Application No. 20110136 ("Application"), shall remain in compliance with the Gilroy City Code, which requires that: (1) The Accessory Dwelling Unit shall not be sold separately from the primary residence; (2) The Accessory Dwelling Unit shall not be rented for periods of less than 30 days; and This Deed Restriction restricts the use of the Accessory Dwelling Unit in accordance with Chapter 30 of the Gilroy City Code, and is intended to be a covenant running with the land, that shall bind and inure to all successive owners of the property. In order to comply with this City code section and the above -referenced conditions, Property Owner shall adhere to this Deed Restriction and inform all future buyers of the property of all the conditions that apply to the Accessory Dwelling Unit, discussed herein. 12-21-20 Property Owner declares under penalty of perjury that he, she, or they has or have executed this Declaration of Restrictions for Accessory Dwelling Unit. Dated: 'di 72-s i Signed by: X .�' " 4.?( 7J1g j'ZI Own ignature Sign as appears on deed Shun Heung Kwong, Trustee of the Toptree Trust 2020D Revocable Trust dated 12/29/2020 Print Name as appears on Deed X (it:rerVL Owner Signature Sign as appears on deed Poon Yee Wong, Trustee of the Toptree Trust 2020D Revocable Trust dated 12/29/2020 Print Name as appears on Deed [Must be Notarized] All property owners listed on the property deed shall sign the deed restriction and have their signatures notarized by an actively commissioned notary public, on the appropriate California Certificate of Acknowledgment, as set forth in California Civil Code section 1189. 12-21-20 'EXHIBIT A' LEGAL DESCRIPTION LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A" AND MADE A PART HEREOF PORTION OF LOT 12, BLOCK 1, NORTH, RANGE 4 WEST, AS SHOWN UPON MAP NO. 5, ACCOMPANYING REPORT OF THE COMMISSIONERS IN HENRY MILLER ET AL, PLAINTIFFS, VS. MASSEY THOMAS ET AL, DEFENDANTS, IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF SANTA CLARA CASE NUMBER 5536, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE SET IN THE NORTHEASTERLY LINE OF HANNA STREET DISTANT THEREON NORTH 20 DEG. 00' WEST 130.50 _FEET FROM THE POINT OF INTERSECTION THEREOF WITH THE NORTHWESTERLY LINE OF SIXTH STREET, REET, AS SAID STREETS ARE SHOWN UPON THE MAP ABOVE REFERRED TO; THENCE FROM SAID POINT OF BEGINNING CONTINUING NORTH 20 DEG. 00' WEST ALONG SAID NORTHEASTERLY LINE OF HANNA STREET 50,00 FEET TO AN IRON PIPE; THENCE NORTH 70 DEG. 00' EAST AND PARALLEL WITH THE NORTHWESTERLY LINE OF LOT 12, BLOCK 1 NORTH, RANGE 4 WEST, AS SAID LOT AND BLOCK ARE SHOWN UPON THE MAP ABOVE REFERRED TO, 140.00 FEET TO AN IRON PIPE SET IN THE SOUTHWESTERLY LINE OF A 20 FEET ALLEY; THENCE SOUTH 20 DEG. 00' EAST ALONG SAID LAST MENTIONED LINE 50.00 FEET TO AN IRON PIPE; THENCE SOUTH 70 DEG. 00' WEST 140.00 FEET TO THE POINT OF BEGINNING, AS SURVEYED AND MONUMENTED IN MAY, 1958, BY W, J. HANNA & SON, CIVIL ENGINEERS AND SURVEYORS, GILROY, CALIFORNIA. ALSO KI1N1 a 7420 Haim Sit, Gin n, CA 95020 APB; 7991805640 12-21-20 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. On -In Date t ' personally appeared 51"Liy) -14 Ott ?DES y1 Ye b �� q IV-dme(s) of Signer(s) State of California ) County of Sa V) t (IA(' ck ) r, before me, iv) 1-(7"- l fyi . Go fE-iV bpe I j /up /d r% / bf/`e__ , Here Insert Name and Title of the Officer who 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 his/her/their authorized capacity(ies), and that by his/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 PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MITAN M. GANDHI Notary Pubic — California Santa Clara County Commission 4 2218834 My Comm. Expires Oct 19, 2021 Place Notary Seal Above WITNESS my hand and officiseal. Signature OPTIONAL Signature of Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Peed - o f # cCC'4 S ®r Y I ► , (,Qfl(i Document Date: �U (,t V7 z Number of Pages: 3 Signer(s) Other Than Named Above: Capacity(ies) Claimed b Signer(s) Signer's Name: ALA un Het(rV KLAY, v\... Signer's Name: POOYt Ye uDo ❑ Corporate Officer — Title(s): S) ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General D1ndividual ❑ Attorney in Fact ,21ndividual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: L.C.``='=<ti't%4`u�`=G�%f:`c;'v`'"'-`c=..'=k,.`=C`�to�'=F,`-..^tk`�i5�'t=U.;ca``=t�.`�S:'ut:`=k',.`�b.`=C._`�k.,`',N�'<=k.`=.'c,L•'�%fG`�b�.`.`��`�=C7N ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 **This document was electronically submitted to Santa Clara County for recording** RECORDING REQUESTED BY OLD REPUBLIC TITLE COMPANY ESCROW NO.: 0621014061 APN #: 808-48-036 WHEN RECORDED MAIL TO City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 25032394 Regina Alcomendras Santa Clara County - Clerk -Recorder 07/19/2021 08:45 AM Titles: 1 Pages: 2 Fees: $103.00 Tax: $0 Total: $103.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE REQUEST FOR COPY OF NOTICE OF DEFAULT IN ACCORDANCE WITH SECTION 2924B, CIVIL CODE OF THE STATE OF CALIFORNIA, REQUEST IS HEREBY MADE THAT A COPY OF ANY NOTICE OF DEFAULT AND A COPY OF ANY NOTICE OF SALE UNDER THE DEED OF TRUST RECORDED ON IN BOOK/REEL AT PAGE/IMAGE SERIES NUMBER COUNTY OF EXECUTED BY IN WHICH AND BE MAILED TO WHOSE ADDRESS IS July 15, 2021 n/a n/a 25029543 Santa Clara of Official Records , State of California Benito Flores Jr. and Fatima Galvan Flores, husband and wife as community property with right of survivorship as Trustor (s) Guild Administration Corp. a California corporation is named Trustee Guild Mortgage Company LLC is named Beneficiary City of Gilroy 7351 Rosanna Street, Gilroy CA 95020 NOTICE: A COPY OF ANY NOTICE OF DEFAULT AND OF ANY NOTICE OF SALE WILL BE SENT ONLY TO THE ADDRESS CONTAINED IN THIS RECORDED REQUEST. IF YOUR ADDRESS CHANGES, A NEW REQUEST MUST BE RECORDED. Chris Gonz resident, Old Republic Title Company of ri& (20V17.01kt5 FTGIS•220 2/94 Page 1 of 2 RECORDING REQUESTED BY OLD REPUBLIC TITLE COMPANY ESCROW NO.: 0621014061 APN #: 808-48-036 WHEN RECORDED MAIL TO City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 SPACE ABOVE THIS LINE FOR RECORDER'S USE REQUEST FOR COPY OF NOTICE OF DEFAULT IN ACCORDANCE WITH SECTION 2924B, CIVIL CODE OF THE STATE OF CALIFORNIA, REQUEST IS HEREBY MADE THAT A COPY OF ANY NOTICE OF DEFAULT AND A COPY OF ANY NOTICE OF SALE UNDER THE DEED OF TRUST RECORDED ON IN BOOK/REEL AT PAGE/IMAGE SERIES NUMBER COUNTY OF EXECUTED BY IN WHICH AND BE MAILED TO WHOSE ADDRESS IS : July 15, 2021 : n/a n/a : 25029543 : Santa Clara of Official Records Benito Flores Jr. and Fatima Galvan Flores, husband : community property with right of survivorship : Guild Administration Corp. a California corporation : Guild Mortgage Company LLC : City of Gilroy : 7351 Rosanna Street, Gilroy CA 95020 , State of California and wife as as Trustor (s) is named Trustee is named Beneficiary NOTICE: A COPY OF ANY NOTICE OF DEFAULT AND OF ANY NOTICE OF SALE WILL BE SENT ONLY TO THE ADDRESS CONTAINED IN THIS RECORDED REQUEST. IF YOUR ADDRESS CHANGES, A NEW REQUEST MUST BE RECORDED. Chris Gonz€ -V ee-resident, Old Republic Title Company Ur\O e,\anZO\\ FTGIS-220 2/94 Page 1 of 2 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Santa Clara On 0 �- k before me, Michele L. Silvers a Notary Public, personally appeared Chris Gonzales, who proved to lme 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 his/her/their authorized capacity(ies), and that by his/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 PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and fficial sea C Signature: L' l Name: Michele L. Silvers (Typed or Printed) MICHELE L. SILVERS Notary Public - California Santa Clara County Commission k 2231335 My Comm. Expires Mar 15, 2022 (Seal) FTGIS-220 2/94 Page 2 of 2