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ty of 4,4 RECORDING REQUESTED BY: a' o "'0 2017093600 04/26/2017 01:37 PM CITY OF SAN LEANDRO � / n OFFICIAL RECORDS OF ALAMEDA COUNTY COMMUNITY DEVELOPMENT DEPT. _ srEE MANNING �q[iFOpN�A RECORDING FEE: 31.00 When Recorded Mail To: 3 PGS City Clerk City of San Leandro Pit 3 835 East 14th Street 311 San Leandro, California 94577 ON This space reserved for recorder's office DECLARATION OF RESTRICTIVE USE COVENANT AFFECTING REAL PROPERTY 745 Dutton Avenue, Assessor's Parcel Number 76-360-40 We, Anthony C. Kriletich and Charles C.Noble, 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: I. The parties hereto agree that execution of this Declaration by Owner and City entitles owner to construct a full bathroom in a non-habitable room on the ground floor adjacent to the south side of the garage of the existing single-family residence where said non-habitable room has an access door to the rear yard of the subject property as shown on the plan for Building Permit/Plan Check No. B17-0527. 2. Owners agree that the existing residence including the described non-habitable room on the ground floor in 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 requirements for an accessory dwelling unit including but not limited to density (units/acre), parking, setbacks, access and applicable Building Code provisions. 3. 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.