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25063859 - Deed Restriction for Junior Accessory Dwelling Unit - - Recorded 08/12/2021RECORDED 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 & Shawna Freels City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 25063859 Regina Alcomendras Santa Clara County - Clerk -Recorder 08/12/2021 01:40 PM Titles: 1 Pages: 4 Fees: 0.00 Taxes: 0 Total: 0.00 11I1I MMr0T Hit h' 1119: 4 III I SPACE ABOVE LINE FOR RECORDER'S USE DEED RESTRICTION DECLARATION OF RESTRICTIONS FOR JUNIOR 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 489.04 sq. ft. (hereinafter referred to as the "Junior Accessory Dwelling Unit"), as approved by the City of Gilroy under Application No. 20110137 & 20110138 ("Application"), shall remain in compliance with the Gilroy City Code, which requires that: (1) The Junior Accessory Dwelling Unit shall not be sold separately from the primary residence; (2) The Junior Accessory Dwelling Unit shall not be rented for periods of less than 30 days; and (3) Either the primary residence or Junior Accessory Dwelling unit or any other Accessory Dwelling Unit permitted on the property shall be owner -occupied. If for any reason the Property Owner is unable to reside on the premises, continued occupancy of the Junior Accessory Dwelling Unit is invalid and in violation of the Gilroy City Code. 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 Junior Accessory Dwelling Unit, discussed herein. Property Owner declares under penalty of perjury that he, she, or they has or have executed this Declaration of Restrictions for Junior Accessory Dwelling Unit. Dated: Signed by: Signed by: Ow s)/Applicant(s) Sign as appears on deed Shun Heung Kwong, Trustee of the Toptree Trust 2020D Revocable Trust dated 12/29/2020 Print Name X U Owner(s)/Applicant(s) /9 Sign as appears on deed `f Poon Yee Wong, Trustee of the Toptree Trust 2020D Revocable Trust dated 12/29/2020 Print Name [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. "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 INTEPPSECT/ON THEREOF WITH THE NORTHWESTERLY LINE OF SIXTH STREET, 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 SOUTHWES EERLY 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. 0 Y WEST 140.00 FEET TO THE POINT OF BEGINNING, AS SURVEYED AND MONUMEN i ED IN MAY, 1958, BY W, J. HANNA & SON, CIVIL ENGINEERS AND SURVEYORS, GILROY, CALIFORNIA. Also Known as: 1424 Hanna Stet, fi rcy, CA %020 API1991845640 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. State of California County of ��� ((c1 r' L On J La Li 11 )— o2-1 before me, Date personally appeared ch urn MITAA) ry) HI 3 ki akry R Lt c. Here Insert Name and Title of the Officer I-1 e u el Kroh (ion \le.e � Name(s) of Signer(s) 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. k11TAN NI. GANDHI Notary Public — Califomia Santa Clara County Commission 4 2218834 e My Comm. Expires Oct 19. 2021 Place Notary Seal Above WITNESS my hand and official seal. 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:L2eQ S r i'G)-i 0-0 t Document Date: 1/1(1 I e 2p 21 Number of Pages: 3 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name:51,1 .146. i`1,3 0c1, ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General 'ndividual ❑ Attorney in Fact ❑ Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: f ILFnibr Acce oey wet) Signer's Name: Poor) •�o.pe__ Lin ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ,'individual 0 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator 0 Other: Signer Is Representing: • c�^`e���c�cc�c�ec ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907