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1 RECORDING REQUESTED BY: CITY OF SAN LEANDRO COMMUNITY DEVELOPMENT DEPT When Recorded Mail To: City Clerk City of San Leandro 835 E. 141h Street 'San Leandro. CA 94577 0 2013237758 07/10/2013 01:02 Pel OFFICIAL RECORDS OF ALAMEDA COUNTY PATRICK O'CONNELL RECORDING FEE: 28.00 11111111111111 11111111111 • u This space reserved for recorder's office DECLARATION OF RESTRICTIVE USE COVENANT AFFECTING REAL PROPERTY 801 Cary Drive, Assessor's Parcel Number 77-495-3-1 We, Richard Aguirre and Carolyn McDonald, 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 convert an existing recreation room into a third bedroom, as approved by Building Pernit/Plan check No. BLD2012-01709. 2. Owner agrees that the existing residence and the described new addition 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. 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.