Dec of Restr Covenant 2343 Belvedere Avenue 07152019

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RECORDING REQUESTED BY: City of San Leandro Planning Services Division 835 East 14th Street CITY OF SAN LEANDRO San Leandro, California 94577 WHEN RECORDED MAIL TO: lllU IU IHI IUllll JIU IJ , PGS Leticia I. Miguel, City Clerk City of San Leandro 835 East 14th Street f:Y2,?J 2 f IQ San Leandro, California 94577 THIS SPACE FOR RECORDER'S USE ONLY DECLARATION OF RESTRICTIVE COVENANT AFFECTING REAL PROPERTY 2343 Belvedere Ave., Assessor's Parcel Number SOG-929-103 I (We), Phat H Ly and Trang Nguyen ("Owner(s)"), 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 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 convert an existing garage to an accessory dwelling unit (ADU), as approved by Permit Number PLN19-0028. 2. Owner agrees that either the existing residence or the described accessory dwelling unit shall be owner-occupied by the legal deeded owner. 3. Owner agrees 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. Owner agrees that there shall be no rental of the accessory dwelling unit for terms shorter than 30 days. 5. 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 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 Affecting Real Property PLN19-0028 2343 Belvedere Ave. June 28, 2019 Page 1 of 2 I )