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• RECORDING REQUESTED BY: '` a 2011110769 04/14/2011 11;43 AM CITY OF SAN LEANDRO pLgMEDR COUNTY / • OFFICIRL RECORDS OF COMMUNITY DEVELOPMENT DEPT. a, • PATRICK O'CONNELL 'woo RECORDING FEE: 18.00 When Recorded Mail To: 111111111 1111111111111 City Clerk 2 Pcs City of San Leandro 835 E. 14 Street San Leandro, CA 94577 This space reserved for recorder's office DECLARATION OF RESTRICTIVE USE COVENANT AFFECTING REAL PROPERTY • 978 Frederick Road, Assessor's Parcel Number 077A- 0665- 030 -00 1, Sophia Muth, 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: 1. The parties hereto agree that execution of this Declaration by Owner and City entitles owner to construct a 495 square -foot detached accessory structure for the purpose of being used as a rumpus room, half bathroom and storage area, in the rear portion of the lot, as approved by, Building Permit /Plan check No. BLD2011- 01037. 2. Owner agrees that the existing residence and the described new accessory structure together shall not be used as more than one residential unit with one kitchen at any time; unless and until it and the property meet all residential requirements for second units including but not limited to density (units /acre), parking, setback, access and applicable Building Code provisions. Further, said structures nor open areas on the site shall not be utilized for commercial purposes. 3. 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.