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Maquinales, Henry and Brenda - Land Use Agreement, RECORDING REQUESTED BY: DOCUMENT: 20865979 I Pages Kelly Ramirez, Planning Technician City of Gilroy, CA WHEN RECORDED, MAIL TO: City of Gilroy, Planning Division 7351 Rosanna Street Gilroy, CA 95020 (408) 846 -0440 REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of Owner LAND USE AGREEMENT Fees... 21.00 Taxes... Copies.. AMT PAID 21.00 RDE # 005 9/13/2010 10:02 AM THIS AGREEMENT, made and entered into at Gilroy, California, the 21 st day of January, 2010, by and between Henry and Brenda Maquinales 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. I. RECITALS 1.1 Owners requested a Building Permit (09100004) to convert a 728 square - foot garage into a 596 square foot accessory dwelling unit, and a 131 square foot storage room located at 7521 Alexander Street, Gilroy California, located APN 841 -05 -0413, (the "Property "). The proposed accessory dwelling unit shall not exceed 600 square feet or one (1) bedroom at any time; and 1.2 Planning staff informed the applicant that the storage room shall not be used as habitable space at any time; and 1.3 The Owners submitted floor plans showing the dwelling unit has no inside entry into the storage room. 1.4 The Owners submitted plans to construct a new carport to accommodate one covered parking area, and one (1) un- covered parking space. 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. The accessory dwelling unit shall not exceed 600 square feet; and b. Storage area shall not he utilized as habitable spaco. 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 conversion shall be as depicted on plans stamped approved by the Planning Division. 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. r" VIOLATION 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 Cf7 r 11 M Zf Z By: a iAmf,rc z PI 4061 1 V Tt. cA- (Printed Name) (N-afne and Position) P �0 ignature) (Si ature (Printed Name) all ignature STATE OF CALIFORNIA ) )ss COUNTY OF SANTA CLARA ) On, Lal 4,L 4.2,610 before me, �GYya rn-e Mra rc�ue , Notary Public, personally appeared , who l5roved to me on the basis of satisfactory evidence to be the person wh se 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. (Public Notice) LORRAINE MARQUEZ LotConNDNUpn 1 1762367 Notary hw0a - CoWafnio Canto Ckwo County Signature: 1 3.3mi CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California n / County of , ,a n4? Clary On C 0 before me, Date personally appeared kkI7 ' M: LO��AME MMO�Z Cari!0- • 1762W_ 1111O ft Clwo Card who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ere subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/berfftir authorized capacity(ies), and that by his/her#Heir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. Signatur . Place Notary Seal Above C--/ Signature of Notary Public OPT/OM - 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. Description of Attached Docu Title or Type of Document: Document Date: 'f' Number of Pages: Signer(s) Other Than Named Above: A knf el , Capacity(ies) Claimed by Signer(s) Signer's Name: 4en (y au l %?Q lP7/ C Individual IF V ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Individual • Corporate Officer — Title(s): • Partner — ❑ Limited ❑ General `7 El Attorney in Fact Top of t ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER •• of thumb here 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 24t)7•`Cilatsworth, CA 91313 -2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toll -Free 1- 800 - 876.6827