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R ~~ RECORDING REQUESTED BY: 'CITY OF SAN LEANDRO COMMUNITY DEVELOPMENT DEPT. When Recorded Mail To: City Clerk City of San Leandro ~~~~~ 835 E. 14`h Street ~~ San Leandro, CA 94577 1y l1~ ~`9 ~'~~- , ~y ~~@73~3~~3 11/13;?~~~ Q1:38 P~1 (~FFTCIpL kECORDS C)F ALAI'iFUA COUNTY ~'r.~conN`' PARECaRDINGGFEEt ~ ii.~e ~~~~~~~~ i~ l~ ~~~ ~~~ ~ ~~~~~ ~~ IIi~ It ~~ ~ < < ~ pG ~ ~ ~ I~~ I I. I, I This space reserved for recorder's office DECLARATION OF RESTRICTIVE USE COVENANT AFFECTING REAL PROPERTY 1350 Estudillo Avenue; APN 079-0123-015-OS We, Grace and Ferdinand Chen, hereby place a restrictive covenant on the property ("Property") described below, which restricts the use of the Property for a specific land use activity. The land use restrictive covenant placed on the Property shall run with the Property and thus impose restrictions on all future owners and tenants unless a Notice of Release is executed and recorded by the City of San Leandro. CONDITIONS OF USE OF STRUCTURES NOW THEREFORE, in consideration of the mutual benefits, promises and agreements set out herein, the parties agree as follows: The parties hereto agree that execution of this Declaration by Owner and City entitles owner to add an attached 680.7 square-foot garage and a 184.3 square-foot den and storage area adjacent to the garage, as approved by Building Permit/Plan check No. BLD2007-00106. 2. Owner agrees that the existing residence (and the described attached garage), together shall not be used as more than one residential unit with one kitchen at any time; nor shall the garage or adjacent den and storage be converted to an additional bedroom, unless and until it and the property meet all residential requirements for secondary units including but not limited to density (units/acre), parking, setback, access and applicable Building Code provisions and that the garage shall not be used as livable floor area. Owner agrees to allow the city, at any reasonable time and upon reasonable notice, to inspect the premises for compliance with this agreement. The use of said property contrary to these special restrictions shall constitute a violation of the Zoning Code, and no release, modification or elimination of these restrictions shall be valid unless notice thereof is recorded on the Land Records by the Zoning Enforcement Official of the City of San Leandro, except that in the event that the zoning standards are modified so as to be less restrictive and the uses herein restricted are thereby permitted and in conformity with the provisions of the Zoning Code; this document would no longer be in effect and would be null and void.