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.
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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
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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.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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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
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Title or Type of Document:
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Signer(s) Other Than Named Above:
Document Date:
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Number of Pages:
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Capacity(ies) Claimed by Signer(s)
Signer's Name:
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Signer's Name:
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Signer Is Representing:
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