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RE'COR)UING REQUESTED BY: CITY OF SAN LEANDRO COMMUNITY DEVELOPMENT DEPT When Recorded Mail To: City Clerk City of San Leandro 835 E. 14`" Street San Leandro, CA 94577 ~~+ OF q~9 M; 2009297003 09/15/2009 03:33 PM ,c PATRICKLORECORD$ OF ALgMEDA COUNTY *~"~""~* RECORDINCOFEELL 15.00 -~ 3 PGS This space reserved for recorder's office DECLARATION QF RESTRICTIVE USE COVENANT AFFECTING REAL PROPERTY ?341 West Avenue 133' ;Alameda County Assessor's Parcel #77A-570-21 We, Gregorio E. Gelle and Asuncion M. Gelle, 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 firture owners and tenants unless a Notice of Release is executed and recorded by the City of San Leandro. CONDITIONS OF USE OF STRUCTURES NOW TI~EREFORE, 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 an approximately 496 square-foot addition to the rear of the existing home to provide for an enlarged family room, a new bathroom in an existing bedroom and a new half-bath, as approved by building permit # BLD2009-01136. 2. Owner agrees that the existing residence and the described new addition together shall not be used as more than one residential unit wifl~ 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. 3. Owner agrees that the area of the addition shall not be used as a fifth bedroom; unless and until an additional parking space is provided which maybe uncovered and in tandem if it is located a minimum of 30 feet back from the front property line, and which would be established in compliance with all other applicable San Leandro Municipal Code ,~. regulations for driveways and off-street parking in residential districts. 4. 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 reshicted 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.