Dec of Restr Covenant 2123 Benedict Drive 02262020

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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 San Leandro. California 94577 2020046006 02/2612 20 0 02.15 PM 3 pGS F - AMEDACOUNTY OFFICIAL RECORDS O OF 4( M ELI SSA WILK, CLERK -RECORDER C i4r, . RECORDING FEES: $105.00 U ICITIYOF SAN LEANDR 7 MAY 112020 THIS SPACE FOR RECORDER' - DECLARATION OF RESTRICTIVE COVENANT AFFECTING REAL PROPERTY 2123 Benedict Drive, Assessor's Parcel Number 79-16-22-1 I (We), Lishan Jurca ("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 PLN19-0039. 2. 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. 3. Owner agrees that there shall be no rental of the accessory dwelling unit for terms shorter than 30 days. 4. Owner agrees that the lower level storage area shall not be used as habitable space unless and until it and the property meets all zoning requirements and applicable Building Code provisions. 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 October 29, 2019 PLN19-0039 2123 Benedict Drive Page 1 of 2