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RECORDING REQUESTED BY: CITY OF SAN LEANDRO COMMUNITY DEVELOPMENT DEPT, When Recorded Mail To: City Clerk City of San Leandro 835 E. 14a' Street San Leandro, CA 94577 or 44, 2017151438 07/19/2017 02;56 PM - OFFICIAL RECORDS OF ALAMEDA COUNTY STEVE MANNING • C1 JFo% RECORDING FEE: 28.00 illlll�lllill2 -. This space reserved for recorder's office DECLARATION OF OCCUPANCY RESTRICTION COVENANT AFFECTING REAL PROPERTY (1300 Benedict Drive; 077-0621-017-00) I, Philip L. Patrick, 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: I The parties hereto agree that execution of this Declaration by Owner and City entitles owner to establish an attached accessory dwelling unit as approved by Planning Permit No. PLN17-0016. 2. Owner agrees that either the existing residence or the described accessory dwelling unit shall be owner -occupied. 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.