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-.- 'N A 4,, 2017205195 09/19/2017 11 :36 AN RECORDING REQUESTED BY, OF"FICIPL. RkCORDI OF P'LwUA COUNrY STEVE MNNI"NG' � CITY OF SAN LEANDRO RECORDING FEE� 28,00 COMMUNITY DEVELOPMENT DEPT. When Recorded Mail To: I 2 PG'ail iS City Clerk 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 1.288 Burkhart Avenue, Assessor's Parcel Number 08OG-1303-001-00 We,Chi Xiao and Yao Zhang,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 STRUCTURE 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 an addition to the rear of an existing single-family residence. The addition to the existing residence provides for two bedrooms,two bathrooms and a family room as approved by Building Permit/Plan Check No. B17-1320. 2. Owner agrees that the resulting addition and the existing residence shall not exceed a total of four bedrooms; unless and until it and the property meet all zoning requirements for a single- family home including but not limited to parking and setbacks,per the applicable Zoning Code Section 4-1704. 3. Owners agree that the existing residence and the described addition to the rear of the existing single-family residence 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, zoning, and building requirements and permits for accessory dwelling units including but not limited to density (units/acre), parking, setbacks,access and all applicable Building Code provisions. 4. 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.