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00-105 Declaration of Restrictions, Daniel GrecoRECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 BRENDA DAMS RDE ## 010 SANTA CLARA COUNTY RECORDER 9/18/2000 Recorded at the request of 807 AM City (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE /N ACCORDANCE WITH GOV. CODE 6103 MR. DANIEL GRECO 22303 REGN.~RT ROAD APN: 36E~-02-043 Original O For Fast Endorsement DOCUMENT: 15393124 Titles~1 /Pages 6 Fees....* No Fees Taxes... #6b15353124~ Copies . . AMT PAID DECLARATION Ol+ RESTRICTIONS RECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO: Dan Greco 22303 Regnart Road Cupertino, CA 95014 DECLARATION OF RESTRICTIONS This DECLARATION OF RESTRICTIONS made this 6t" day of September, 2000, by Mr. Daniel Greco, hereinafter referred to as "declarant." WHEREAS, Declarant is the owner of certain real property located in the City of Cupertino, County of Santa Clara, California, more particularly described as follows: • APN 366-02-043 (Assessor Parcel Map attached as Exhibit A.) • Said property is located at 22303 Regnart Road, Cupertino, California 95014 WHEREAS, Declarant and/or persons acting on behalf of Declarant propose to construct a pool house on an existing single-family lot; and WHEREAS, Declarant proposes to include limitf;d food storage and preparation elements in said pool house; and WHEREAS, the pool house equals 1896 square feet, which exceeds the 640 square feet maximum permitted for a second dwelling unit and therefore does not qualify as a second dwelling unit as defined by Cupertino Municipal Code Chapter 1 ~>.84. WHEREAS, accessory buildings with kitchens c,~n lead to violations of the RHS (Residential Hillside, Slope Density Formula, Zoning District), if they are rented or leased. WHEREAS, such occupancy would constitute a second dwelling unit on the property in violation of Chapter 19.40 of the Cupertino Municipal Cocie, which limits uses in the RHS Zone to single family dwellings. WHEREAS, in this instance, the City of Cupertino has determined that limited food storage and preparation elements (cabinets, counters, a small bar-type refrigerator located under the counter and a sink) are allowed if the property owner agrees not to separately rent or lease the pool house for any means of compensation. NOW, THEREFORE, in consideration of, and subject to the terms and condition set forth above, Declarant agrees as follows: 1) Declarant agrees that the pool house will not be rented or leased; and ' ~ 2) Declarant agrees to comply with all terms and conditions and restrictions set forth above; and 3) Declarant hereby notices all future property owners of said conditions. 4) Declarant agrees to not modify, add or expand the limited food storage and preparation beyond that illustrated in Exhibit B (building permit issued April 22, 1999) and attached hereto, unless said modifications remove ;paid elements or otherwise comply with the ordinances of the City of Cupertino in effect at the time of the modifications and are approved with the issuance of a building hermit. Declarant further agrees that this declaration is intended to be a covenant running with the land and will bind and inure to the benefit of the heirs. personal representatives, successors and assigns of each present and future owner of the real pro f:rty described herein. Dated: ~- (T~ G Declarant G:planning/misc/greco deed restriction Of FILE OF COUNT• p55 CSS OR~ ~ - ~ ~SA~iA CL4RA COUNTY, CAIIFOR NIA 0 0 R FAG C ~~~_ ~ E I B I T A 92,1e ~ 3 66 2 ~ t ~ F p. j~ ~ 4 S 3~=~ ,~.In ! 1.11 AC.NET ~ 1 3 8e _ ~o #DEi 2.38AC. NET te~.se ~ 35 ~ R .ti ~ ,Fi - % ;Cry ?~• ~~ 4.0 >a~ ,~"~ ~ - ~~~. 4B I°~ 100' s,.~'~a g vi 40 4 ~ ° ~-R yy i~~- 5.27ACNE? 34 '~~; ~f+`¢S •\~% 2.124 AC.6R. r 2.013 AC. NET I'BAC.NET too .fl ``'N~~ •y I*\ PCL. B FM.?48-M-IB \ 9 - 9 PCL. A h' ~ - 33 I.IB AC J t ~~ f 5 3.163 AC.GR. ~ ~. 3.121 AC.NET Q / - \ ~ 5 ~' SB / O I \ 42 rp°~ P 0' /r 8 y% aL Y' ~'/~ / Mr ~.n 32 ~~ i ~zFS\ / / a ?s' axis 43 ~ ~ a ~~P ~ k. ` a~ ~ ~ F i -'l`~ P. M. ' / r 623 - M • 9 i 1.60 AC NET q e ~ FOS i8d/4B n / ; 43 R.O.S. 376/?/ R O S /50/56 ra h ~°'': i ~ .r r., n, c3 j s ~... i ~~ P 44 O __ ?~ y C 47 ro~a ,~+ .~h \5 ,ar'r~ ^ h C ~` rv. f~l~ C'7 I ~% l~ 13'-6" ~ EXHIBIT B 20,_6„ L~ NODE: .. MANUFACTURED FIREPLACES ARE. TO BE INSTALLED PER ' THEIR LISTINGS AND MFR'S SPECIFICATIONS. ~- 2x.6 STUDS ~ ~16" O.C. C-DX PLY SHEATHING I ~ 6" O.C. EDGES & 1 O.C. FIELD. (TYP) / i CULTURED STONE THIS WALL. INSTA MFG SPECIFICATIC MAJESTIC FIREPLACE. REPORT #I & NER181 QD D I NON-COM HEARTH 1 i ~ 8' FROM OF FIREPL ,I ~ OPENING. ado ~' N - GATHERING ROOM d" CULTURED STO~JE VENEER c~~- O .} ' - i ~ ~( ~o`'~ F~ ~/ ~ WALL CAB'S ,~ BAR Sln'K ~ ~: o ~I~ 0 «j i BAR REFRIGERATOR ~ ~ ~ NDEF; COUNTER 30„ `APF :~ GV~ \ , 1 IN nctGr•.onra..: ~;rn:~ir r.~~'. ~-_- _ CUPE~21 ii~J L'. ~. ~, '~.UI. ~ . SIC";_` --- ,...I be '.uP ,:• r`:. , ~. KITCHEN The taro,~.•„~, ~._ r SHliLL 21DI 1 ,,,,v,~7.t j aGVroual of ;I . ~ ~.. - L•.v. nt auy City D a,~.;~;:~ : , 5080 SLIDING DOOR W/ 2680 SIDE LITES `"p ~®~ ~ I ®® 14' ~~' 1.- wa 2E80 6080 2E CULTURED STONE VE THESE WALLS 20' - i ~ - -- FLOOR .?-'LAN NCT TO SCALE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMEIVT State of California County of Santa Clara On September 6, 2000, before, me, Roberta Ann Wolfe, Notary Public, personally appeared Dan Greco, proved to me on the basis of satisfactory evidE:nce 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 ~:ntities upon behalf of which the person acted, R06ERTAANN WOLFE executed the instrument. ,- Comm. No. 1147789 D U NOTARY ~'LIBLIC -CALIFORNIA CA ~ ~`°~ sANrACL~aACOUNTY ~ WITtVE S my hand and official seal. `~ ~~ My Commission Expires July 21, 2001 f~ ~^~ . R E;rta Ann Wolfe, Notary Public OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ^INDIVIDUAL ^CORPORATE OFFICER ^PARTNERS ^LIMITED ^GENERAL ^TRUSTEE(S) ^GUARDIAN/CONSERVATOR ^OTHER SIGNER IS REPRESENTING: NAME OF PERSON OR ENTITY: I Self Two NUMBER OF PAGES September , 2000 DATE OF DOCUMENT None SIGNI.R(S) OTHER THAN NAMED ABOVE DESCRIPTION OF ATTACHED DOCUMENT Declaration of Restrictions TITLE: OR TYPE OF DOCUMENT ATTORNEY-IN-FACT