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RECORDING REQUESTED BY: 4,.' A44 4 CITY OF SAN LEANDRO —// 2014204703 08/19/2014 02.09 PM �, ll��/ice a OFFICIAL RECORDS OF ALAMEDA COUNTY COMMUNITY DEVELOPMENT DEPT. / . PATRICK o'CONNELL `'44,,01,14,* RECORDING FEE: 28.00 When Recorded Mail To: II I I III I III I II II II 1111 II City Clerk 2 PGS City of San Leandro �^ 835 East 14th Street �¢` San Leandro, California 94577 This space reserved for recorder's office DECLARATION OF RESTRICTIVE USE COVENANT AFFECTING REAL PROPERTY 1737 Spruce Street, Assessor's Parcel Number 77B-870-21 We, Windy M. Xiao and Vaillen Fung, do 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 convert an existing detached accessory structure, formerly a 24- by 24-feet two-car garage structure, to a workshop with one-half-bathroom in the rear northeastern portion of the lot, as approved by Building Permit/Plan Check No. BLD2014-01229. 2. Owners agree that the existing residence and the described detached 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. Said structures nor open areas on the site shall not be utilized for commercial purposes. 3. Owners agree 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.