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Williams, Jakie and Gail - Land Use Agreement RECORDING REQUESTED BY: City of Gilroy DOCUMENT: 20023710 11111111 II II II' II I 1111111111 II II Pages: 4 Fees Taxes_ Copies. AMT PAID 18 00 18,00 WHEN RECORDED, MAIL TO: City of Gilroy c/o City Clerk 7351 Rosanna Street Gilroy, CA 95020 408 846-0440 REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Reco,ded at the request of City RDE fl 001 10/20/2008 3:39 PM SPACE ABOVE THIS LINE FOR RECORDER'S USE LAND USE AGREEMENT THIS AGREEMENT, made and entered into at Gilroy, California, the 28th day of July, 2008, by and between Jakie*and Gail Williams and his/her successors and assigns, hereinafter referred to as Owner(s), and the CITY OF GILROY, a municipal, corporation, hereinafter referred to as City. ~ 1~II..Lll~r("':.) I. RECITALS 1.1 Owners requested a Building Permit (08060035) to construct a 4,223 square-foot residential addition onto an existing 4,818 square-foot house on property located at 1000 Mesa Road, APN 810-28-023, Gilroy, California (the "Property"). The proposed addition was comprised of a full second dwelling unit, attached to the main house via a bedroom closet. The second unit included a full kitchen, pantry, great room, gym, master bedroom, two other bedrooms, and two-car garage; and Planning staff informed the project architect that this was clearly a second unit, and not permitted on this R1 (single family residential)-zoned property; and The Owners submitted revised plans showing the same building configuration, but relabeled the closet and bedroom through which the second unit attaches to the main house as a "hall"; relabeled the kitchen as a "wine bar"; and relabeled the great room as a "recreation room." The "Reflected Ceiling Plan" page of the revised plan set stills shows a kitchen. 1.2 1.3 II. COVENANTS NOW, THEREFORE, in consideration of the mutual promises and agreements herein contained, the parties do agree as follows: 2.1 That the only improvements permitted under this Agreement are those set forth in the City of Gilroy Building Permit; which indicates: a. No range in the area involved in this addition. A refrigerator may be permitted, but a combination refrigerator/freezer and/or stand alone freezer is prohibited. b. No gas line or 220-volt electrical service in the "wine bar" area. c. The elimination of one of the bedrooms in the main house, and its conversion into a hall way. 2.2 Any future improvements will require further permits. Such additional work done under requisite permits shall not require amendment of this Agreement. 2.3 The restrictions and conditions of which notice is hereby given are: a. The addition may not be subdivided, sold separately from the main house, or rented separately from the main house. b. The Property shall be used as a single family residence only. 2.4 This agreement is an instrument affecting the title or possession of the Property and shall be deemed to run with the land. All the terms, covenants and conditions herein imposed shall be binding upon and inure to the benefit of the Owners and Owners' successors in interest to ownership of the Property. VIOLA TlON OF COVENANTS Violation of the restrictions set forth in this agreement shall constitute a violation of the City's Zoning Ordinance. No release, modification or elimination of these restrictions shall be valid unless notice thereof is recorded on the Land Records by the Planning Division Manager of the City of Gilroy, unless the City's zoning law changes to permit the future use. Executed on the date first noted above. OWNER NAME CITY '1 I -</ ' ! .J ). i L' i r'l-",1A ,'~ (-:i /1 . ~ l" 'v . '-' I I V i (Printed Name) By Tho (hcL~ !k1~1 Ui1d; "~-'--"Z' '" (N,. am, e and P"ositi ) '-- .--. /' t ~/L- / ~ (Signatu~ /.. ! ;-1 C Ie '7/UIJillkSMu I '\--/ , f' L"-n J 'Li / i' II ! \ ;-J)-----( C . 11.'j\.{ (,Lli v') / (Signature) Ljt~ I Ii ) /, ill}' '., }printed Name) r (/ ~ L, ( i-{ c'ri /it " (Signature) . I ~ fr.~ I L' v,,", ,) STATE OF CALIFORNIA ) )ss COUNTY OF SANTA CLARA ) I On 1:: j ) L// C':~ , before me, , ') U ! It /2 ~ 'v)"t hi F\ , Notary Public, personally appeared (\({ i I \\1 \ \ \(1(1\<"" ~TD r if ((, f rIff/I' i, , who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. I'I ,- (~~lj ! I~;;;ce) ....,.",...~'-,-T -"~--..~ / -",,' Signature: ~,./'>m!G' ! 1" ;! . ~_' -, I ' ;1 1,\ ,; \i" \i P [ 'iI, I \; ~ I \ ; r CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~~~~~~~~~~~~~~gx.~~ personally appeared n ()Y)'\C1 -'-) } ,-)1-1 I k, -Johnx-n--j . Here Insert Name and Title ot the Officer "Ju h y\ -t-~~, ) U n cl Name(s~ 0 Signer(s) Hjbl,'C- , State of California ~'r. " 't'r-"' County of "_J"";'-j j- ......L I' e 'Q r {7Z..- On )0\ I GI200~ ~ate before me, -------------------------i SUSAN R. JOHNSON Commission # 1543104 Notary Public - Callfomla i Santa Clara County - My Comm. Expires Jon 9.2 who proved to me on the basis of satisfactory evidence to be the person('s.) whose name(s) is/are- subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(i~), and that by his/l=lefAAeif signature(s). on the instrument the person(~, or the entity upon behalf of which the person(~ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature, I OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Title or Type of Document: Description of Attached Document to_ACt USe. hd ~ 2'8, 2C1.I6 Signer(s) Other Than Named Above: Document Date: ACjn~c rY1~-J"\+ Number of Pages: -...., ,.::? Capacity(ies) Claimed by Signer(s) Signer's Name: Individual ; ] Corporate Officer - Title(s): ::::J Partner - LJ Limited LI General LJ Attorney in Fact [] Trustee Guardian or Conservator ::::J Other: Top of thumb here Signer's Name: C] Individual i I Corporate Officer - Title(s): ::::J Partner - L I Limited .~~ General D Attorney in Fact LJ Trustee D Guardian or Conservator I ] Other: Top of thumb here Signer Is Representing: Signer Is Representing: ",*,~~~~~~~~~'~''i<:;<*'9<>'<.O<,;.''<8<>~'<.O<,;.~''''''V~~~~~~~~~~~~~~~~~~~~~~''''''V~~~~~ @2007 National Notary Association' 9350 De Soto Ave" P,O, Box 2402' Chatsworth, CA 91313,2402' wwwNationalNotary,org Item #5907 Reorder: Call TolI,Free 1,800,876,6827