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<br />REC9RDh~G REQUESTED BY: <br />CITY OF SAN LEANDRO <br />COMMUNITY DEVELOPMENT DEPT. <br /> <br /> <br />Irffi ~ 11111 1m 11111 III 2 POS <br /> <br />When Recorded Mail To: <br /> <br />City Clerk <br />City of San Leandro <br />835 E. 14th Street <br />San Leandro, CA 94577 <br /> <br />~ <br /> <br />This space reserved for recorder's office <br /> <br />DECLARATION OF <br />RESTRICTIVE USE COVENANT AFFECTING REAL PROPERTY <br /> <br />2633 Darius Way; APN 079 0019 03200 <br /> <br />I, Kathleen Waters, hereby place a restrictive covenant on the property ("Property") described <br />below, which restricts the use of the Property for a specific land use activity. The land use <br />restrictive covenant placed on the Property shall run with the Property and thus impose <br />restrictions on all future owners and tenants unless a Notice of Release is executed and recorded <br />by the City of San Leandro. <br /> <br />CONDITIONS OF USE OF STRUCTURES <br /> <br />NOW THEREFORE, in consideration of the mutual benefits, promises and agreements set out <br />herein, the parties agree as follows: <br /> <br />1. The parties hereto agree that execution of this Declaration by Owner and City <br />entitles owner to modify an existing second story, as approved by Building <br />Permit/Plan check No. BLD2007-00966. <br /> <br />2. Owner agrees that the existing residence (and the described new accessory <br />structure), together shall not be used as more than one residential unit with one <br />kitchen at any time, unless and until it and the property meet all residential <br />requirements for secondary units including but not limited to density (units/acre), <br />parking, setback, access and applicable Building Code provisions. <br /> <br />3. Owner agrees to allow the city, at any reasonable time and upon reasonable <br />notice, to inspect the premises for compliance with this agreement. <br /> <br />The use of said property contrary to these special restrictions shall constitute a violation of the <br />Zoning Code, and no release, modification or elimination of these restrictions shall be valid <br />unless notice thereof is recorded on the Land Records by the Zoning Enforcement Official of the <br />City of San Leandro, except that in the event that the zoning standards are modified so as to be <br />less restrictive and the uses herein restricted are thereby permitted and in conformity with the <br />provisions of the Zoning Code; this document would no longer be in effect and would be null <br />and void. <br />