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a � I RECORDING REQUESTED BY: r`y q�9 4'4:2 2014088857 CITY OF SAN j EANDRO o — 04/10/2014 04:21 PM COMMUNITY DEVELOPMENT DEPT. o . OFFICIAL RECORDS OF ALAMEDA COUNTY PATRICK O'CONNELL 1F00N\* RECORDING FEE: 28.00 When`Recorded Mail To: City Clerk II I 1 111 1 11 111 11 11 11 1 11 11 2 PGS City of San Leandro 835 E. 14th Street �( San Leandro, CA 94577 `' This space reserved for recorder's office DECLARATION OF RESTRICTIVE USE COVENANT AFFECTING REAL PROPERTY 39 Dutton Avenue,Assessor's Parcel Number 076-0420-017-00 We, Steve Nimocks and Jane Westergaard-Nimocks, 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 add an addition to the rear of the home totaling approximately 437 square-feet of additional living area to the existing approximately 1,195 square-foot home. The addition provides for a new master bedroom& bathroom, and den addition, as approved by Administrative Exception Approval PLN2014-00010 on April 3, 2014. 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 shall not be utilized for commercial purposes, specifically for a commercial wood working business. 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. Declaration of Restrictive Use