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RECORDING REQUESTED BY: <br />City of San Leandro <br />Planning Services Division <br />835 East 14th Street <br />San Leandro, California 94577 <br />WHEN RECORDED MAIL TO: <br />Leticia L Miguel, City Clerk <br />City of San Leandro <br />835 East 14th Street <br />San Leandro, California 94577 <br />♦y OF 4c4 <br />2019009429 01/18/2019 01:56 PM <br />i)FFICIAL RECORDS OF ALAMEDA COUNTY <br />1ELISSA WILK <br />CRC�FOPN�P RECORDING FEE: 102.00 <br />!�VIIII�UIIIAIIVI�II�nIIIIIIIIINi2 PGS <br />THIS SPACE FOR RECORDER'S USE ONLY <br />DECLARATION OF RESTRICTION COVENANT AFFECTING REAL PROPERTY <br />631 Joaquin Avenue Assessor's Parcel Number 077-0523-015-00 <br />We, Allen Ha and Mai Ta hereby place a restrictive covenant on the property ("Property") <br />described below, which restricts the use of the Property for a specific land use activity. The land <br />use restrictive covenant placed on the Property shall run with the Property and thus impose <br />restrictions on all future owners and tenants unless a Notice of Release is executed and recorded <br />by the City of San Leandro. <br />CONDITIONS OF USE OF STRUCTURES <br />NOW THEREFORE, in consideration of the mutual benefits, promises, and agreements set out <br />herein, the parties agree as follows: <br />1. The parties hereto agree that execution of this Declaration by Owner and City entitles the <br />owner to construct a 615 SF detached accessory dwelling unit (ADU) as approved by <br />PLN18-0087. <br />2. Owner agrees that either the existing residence or the described accessory dwelling unit <br />shall be owner -occupied by the legal deeded owner. <br />3. Owner agrees that the existing residence and the accessory dwelling unit shall remain on <br />one single deeded lot and shall not be subdivided nor separately assessed for property tax <br />purposes. <br />4. Owner agrees that there shall be no rental of the accessory dwelling unit for terms shorter <br />than 30 days. <br />5. Owner agrees to allow the city, at any reasonable time and upon reasonable notice, to <br />inspect the premises for compliance with this agreement. <br />The use of said property contrary to these special restrictions shall constitute a violation of the <br />Zoning Code, and no release, modification, or elimination of these restrictions shall be valid <br />unless notice thereof is recorded on the Land Records by the Zoning Enforcement Official of the <br />City of San Leandro, except that in the event that the zoning standards are modified so as to be <br />less restrictive and the uses herein restricted are thereby permitted and in conformity with the <br />provisions of the Zoning Code; this document would no longer be in effect and would be null <br />and void. <br />Declaration of Restrictive Covenant <br />Page 1 of 2 <br />