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40 444 200445 11/03/2004 10:03 AEI <br /> RECORDING REQUESTD BY: ° ° 0 IAL RECORDS OF RLAMEDA COUNTY <br /> �, 400r; D PATRICK 10.00 <br /> • CITY OF SAN LEANDRO • <br /> COMMUNITY DEVELOPMENT DEPT. <br /> 111 1 11, 1111111 '111 <br /> When Recorded Mail To: I I II 1 2 PGS <br /> City Clerk <br /> City of San Leandro '1Z <br /> 835 E. 14th Street <br /> San Leandro, CA 94577 X This space reserved for recorder's office <br /> DECLARATION OF l.t 39 <br /> RESTRICTIVE USE COVENANT AFFECTING REAL PROPERTY <br /> CITY OF SAN LEANDRO <br /> (155 Sunnyside Drive; 076-0276-076-00) DEC 0 6 2nt <br /> ��yy ERK`C f1FG��'' <br /> Elizabeth Nelsen hereby places a restrictive covenant on the property("Property") d aiu <br /> below, which restricts the use of the Property for a specific land use activity. The land use <br /> 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 <br /> entitles owner to modify or construct a 450 square-foot secondary("in-law"unit <br /> as approved by BuildingPermit/Plan check NoBLD2004-02338. <br /> 2. Owner agrees that either the existing residence or the described secondary unit <br /> shall be owner-occupied and that the existing two-car garage and additional <br /> parking space shall be maintained as required off-street parking. <br /> 3. Owner agrees to allow the city, at any reasonable time and upon reasonable <br /> notice, to 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 />