Dec of Restr Covenant 123 Harlan Street 06042019

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RECORDING REQUESTED BY: City of San Leandro Planning Services Division 835 East 14th Street San Leandro, California 94577 WHEN RECORDED MAIL TO: Leticia I. Miguel, City Clerk City of San Leandro 835 East 14th Street 11111111111 II 1111' 11111 Ill , PGS CITY OF SAN LEANDRO " nDt JUN 2 1 2019 San Leandro, California 94577 THIS SPA USE ONLY (No fee pursuant to Government DECLARATION OF RESTRICTION COVENENT AFFECTING REAL PROPERTY 123 Harlan Street, Assessor's Parcel Number 077-0554-033-00 We, Lishan C. Jurca and Stephen Leung ("Owners") hereby place a restrictive covenant on the property ("Property") described below that 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 ("City"). CONDITIONS OF USE OF STRUCTURES NOW THEREFORE, in consideration of the mutual benefits, promises, arid agreements set out herein, the parties agree as follows: 1. The parties hereto agree that execution of this Declaration by Owners and City entitles the owner to construct an accessory dwelling unit as approved under PLNI 8-0100. 2. Owners agree that either the existing residence or the described accessory dwelling unit shall be owner-occupied. 3. Owners agree that the existing residence and the accessory dwelling unit shall remain on one single-deeded lot and shall not be subdivided nor separately assessed for property tax purposes. 4. Owners agree that there shall be no rental of the accessory dwelling unit for terms shorter than 30 days. 5. 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. Declaration of Restrictive Covenant Page 1 ' )