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RECORDING REQUESTED BY THE
CITY OF CUPERTINO AND
WHEN RECORDED RETURN TO:
CITY OF CUPERTINO
ATTN: CITY CLERK
10300 TORRE AVE
CUPERTINO, CA 95014
DEED RESTRICTION AND COVENANT
“NO FEE”
State of California
County of Santa Clara
This Covenant and Deed Restriction is made and executed on this ____ day of _____________, 20____ by the City of Cupertino pursuant to City Council Resolution ________.
The undersigned hereby certify that I/we are th e owner(s) of the hereinafter legally described property located in the City of Cupertino (the City), State of California. Said property is located at 10301 Byrne Avenue, known as Santa Clara County Assessor's Parcel No. 357-11-020 and by the legal description as defined in the recorded grant deed (attached as an exhibit herein).
If ten (10) or more residential units are developed on the Property, not less than 15 percent of the total number of residentia l units developed on the property shall be sold or rented at affordable housing cost, as defined in Section 50052.5 of the Calif ornia Health and Safety Code, or affordable rent, as defined in Section 50053 of the California Health and Safety Code, to lower income households, as defined in Section 50079.5 of the California Health and Safety Code. Rental units shall remain affordable to and occupied by lower income households for a period of 55 years for rental housing and 45 years for ownership housing. The initial occupants of all ownership units shall be lower income households , and the units shall be subject to an equity sharing agreement consistent with the provisions of paragraph (2) of subdivision (c) of 65915 of the California Government Code. These requirements shall be c ovenants or restrictions running with the land and shall be enforceable against any owner who violates a covenant or restriction and each successor-in-interest who continues the violation by any of the enti ties described in subdivisions (a) to (f), inclusive, of Section 54222.5 of the California Government Code.
IN WITNESS WHEREOF, executed this _____ day of ___________, 2024.
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01/29/21
______________________________
Property Owner Date
Covenants and Deed Restrictions must have all signature(s) notarized by a Commissioned Notary Public.
(See following page.)
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01/29/21
ACKNOWLEDGMENT
State of California )
)
County of )
On before me, ____________________________________________________ (insert name and title of the officer)
personally appeared _____________________________________________________ who proved to me on the basis of satisfactory evid ence to be the person(s) whose name(s) is/are subscribed to the within instru ment 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 official seal.
Signature ______________________________________ (Seal)
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.