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Home My WebLink AboutEast Congregation of Jehovah Witness 2000-10-10; Active .� �' , ' � �;�t� 161�C�L , - - RECORDING REQUESTED BY AND I 'lil��II��I��I'I�II�I I��"I�I II�I��II Page-192of 5 �EN RECO�E� �IL TO: IIIIIIIIIIIIII � � � � City Clerk �'•��'"'�`�� i�erca•r•�I�ct �.�t •the -r�c�Gi�s�l: c�f City of Ukiah f:::i:'Y'Y C'Ii� lll',1:t�Fi Ukiah Civic Center �'�'�'�'��`�� '�u�i��•, � _ ; � � F�� f)uUt} hir.� c�fi i=�yr+s� ;=; 3 0 0 S emir:ary Ave. t:lF��':l:4:;:CW{... hi1:::twC)hI}ai Ukiah, CA. 95482 M�y�dcacit�� C:caGii7tY (:f� , l�ir�•r�ha �l Wh�.•rf f t�w:lR:--��csa•rc1��r Attention: City Clerk (Al�ove space for Recorder's use only) AGI2EEMENT TO MAil�tTAIN TREES IN PUBLIC RIGHT OF WAY This Agreement is entered on C�G-��2(� lC?�Z�c�v , , in LTkiah, Califarnia, between the City of iJkiah("City"),and �'r�s-t-Cc�irfy�.-�w- �Sekail��rt, {"Property Owner"). w:�-we sS RECITALS: 1. Property Owner owns property fronting on a city street or right of way in the City of Ukiah. 2. Property Owner wants to �-plaee � replace[chectc one��street tree[s� adjacent to ivs/her property. 3. Under Ukiah City Code ("UCC") §5424, the City Manager has su�ervisior�, dizecti:,n and control over the care, removal and replacement of stre�t trees ti��ithin the City. 4. The City Manager has deterrnir.ed that it is in the public interest to authorize Property � Owner to place or remove and replace one or more street trees in the public right of way, provided Property Owner agrees to maintain these street trees in accordance with the terms of this Agreement. AGREEMENT: � In consideration of and reliance on the above-recited facts and the terms and conditions as further stated herein, the parties hereby agree as follows: S:\U�Agrmts98\sireetTREES.wpd September 29, 1998 Page 1 of 3 � ' 1. Property Owner is hereby authorized to place or remave and replace�street trees within the public right of way adjacent to the property located at �? �y p rC�� [street address) in the Clty, also known as Mendocino County Assessor's Pazcel No. t:�o�-- ��t- 33 f�; The approved species and size of the newly planted trees are: " -� /�i�' 1��-5��J��. � 1.1 Ap�roved S ep cies: �� h ko �. ��p�Y,.� �-T-,�,,e-�5 1.2 Approved size: �,5 ��1 �� The planting shail corr.ply with the street tree planting standards set forth in UCC §5423, a true copy of which is attached as Exhibit 1, and any standards or regulations adopted by the City Manager which are aitached hereto as Exhibit 2. 2. Without cost to City,Property Owner shall maintain the street trees for a period of_ years from the date the tree or trees are plante�i. "Maintain" shall mean pruning, spraying, mulching, fertilizing and watering the tree or trees i�a accordance with the requirements of the species planted in order to maintain the tree in a healthy condition and in compliance with any applicable City standards. Existing City standards for the trees approved under this agreement . aze attac�ed as Exhibit 3. 3. If City determines that Property �wner is failing to maintain the tree or trees covered by this Agreement in accordance with the standards required by this Agreement, it shall mail by first class mail written notice of the deficiencies to the Property Owner. If Property Owner has not corrected the deficiencies within 10 days from the date of the notice,the City shall have the right to correct the deficiencies using its own employees or an independent contractor. If correction is required within a shorter time to protect the tree or trees from permanent dama�e, the shorcer time shall'be specztied in the notice. If City corrects the deficiency,Property Owner shall pay City its costs to perform this work. Upon compietion of the�,vark, City shall pr�vide Property Oumer with an invoice for its cos�s. Property Owr?er shall pay ths irvoice witr�n 10 days after it is mailed. 4. The pmvisions of this 1��reeme��t sl�all constitute a res�rictiv�covenant t�zat runs with � the land, which shail bind the successors or assigns of Property Owner. The covenant benefits the City's right of way by providing a means of insuring the proper maintenance of trees planted therein adjacent to the property. Property benefitted: Mendocino County APN ��°" �.��-'C�� 5�5�, .S�s��—3 l Property affected: Mendocino County APN t�'x�3- i�s[ -3 �3-#�—�Z o 03��- 5. Whenever notics is authorize�or required by thi� Ag�e�ment, it shall be deemed S:\LJ�Agrmts98\streetTREBS.wpd September 29, 1998 Page 2 of 3 I �I'II'��I�III IIIIII III I'lII II'I I�II Pa9�-122of 5 I 1I�t11��11�II��IIII , �. �, � given, when personally delivered or deposited in the United States mail with proper first class postage�xed thereto and addressed as follows: 5.1 City Manager City of Ukiah Ukiah Civic Center 300 Seminary Ave. LJkiah, CA. 95482 5.2 ��,,5t C c�r-�rj,q-��i,, �'�,.j.ekOJ��'h 5�.-F NeSS 7�� C��Ghra�rcr Q�. ��:l,�h�CC��____�5�t£'S� 6. This Agreernent constitutes the entire agreement between City and Property Owner concerning the planting and maintenance of the street trees identified herein and replaces any other statement,representation or agreement between the parties conceming the same subject matter. . 7. This Agreement may be executed in one or more duplicate originals, each bearing the original signatures of the parties,and when so executed,each such duplicate original shall be admissible as evidence of the terms of this Agreement. Wherefore,the parties have entered this Agreement on the date first written above. '�,q5f Lr?�t(�fz�Cr�i'c 101.1 O� �`��lo�/AN w�-(/J&S� CITY OF UKIAH PROPERT�OWNER B�� C2��p ��-�-'' City Manager _ C�},JDAG� 1-Il?t2.5L�/ C �ei-�- �,h.�h�u1 QC�'L",C'� c�/ZM� Sl��P►%I�D NOTARY ACI{NOWLEDGNiENT . S:\U�Agrmts98\streetTREES.wpd September 29, 1998 Page 3 of 3 I I�II��III�II�I IIIIII IIIIII�III'��I�II�I�IIII�III)IIII Page-132of 5 _ . � SUBSCRIBING-WITNESS CERTIFICATE ("WITNESS JURAT") State of �� t'y�;q t � County of ��,cl�e�r",,�,•1 v�� _ - On �� , before me, the undersigned Notary Public, personaf{y appeared Date �- , ��y�Q� -OR-❑proved to me on the `��-��Name of Subs bing rtness � oath/affirmation of �1 �Cr.� ��, who is personaily known to me, to be the person Name of Credibie Witness Who fdentifies Subs ibing Witness whose name is subscribed to the within instrument as a witness thereto, who, being by me duly sworn, deposes - - and says that he/s� was present and saw - AMY THOMPSON Canmissian�1214r,7,.6�,7��` �� .� �` � , the same person Zs�; �Q��l1�SC—�,Ot{iuc� � Name of Absent Princip Signer ' ��ROCOtJ� described in and whose name is subscribed to the within 1Vhi Comm.f��es/1pr2.2003 __ instrument in his/,J�authorized capacity as a party thereto, execute and deliver the same, an that said affiant subscribed his/f� name to the within instrument as a witness at the request of ,�� i"��.',�'�"%'\. Name of Principal Signer( gain) WITNESS my hand and official seal. Signature of ota ublic OPT/O 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 Document Title or Type of Document: ' .� � � �� 1� , � � �� Document Date: Numt�er of Pages: Signer(s) Other Than Named Above: Capacity Claimed by Principal Signer ❑ Individual . , ❑ Corporate Officer—Title(s): . • � �. ❑ Partner—❑ Limited ❑ General Top of thumb here ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator r ❑ Other: Absent Signer (Principal) Is Representing: �O 1995 National Notary Associatio �Illlll'I�II��I��Il'�IIII��II�I'III"I Ifl'�III IIII IIII Pag�-142of 5 g Reorder.Call Toll-Free 1-500-876•6827 , , " , , , ACKNOWLEDGMENT State of California ) ) ss. County of Mendocino ) On November 7, 2000, before me, Karen Yoast, Notary Public, personally appeared Candace Horsley. � personally known to me -- OR -- ❑ 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 KAREN YOAST ,� the same in his/her/their authorized capacity(ies), and that by �- Comm.�1209930 his/her/their signatures on the instrument the person(s), or the (� �•s ge NOTARY PUBLIC CALIFORNIA N entit u on behalf of which the erson s acted executed the � , Mendocino County "' y p p � � , My Comm. Expires Fe6.6,2003 "'� instrument. WITNE S my hand and official seal. ----------------------------- OP NAL ----------------------- Though Statute does not require the Notary to fill in the data below, doing so may prove valuable to persons relying on the document. DESCRIPTION OF ATI'ACHED DOCUMENT Title or Type of Document: �rPPmPnt tn Maintain TrPP� in P�ihlin Rinht nf � a � Document Date: 10/10/2000 Number of Pages: 3 Signer(s) Other Than Named Above: .lamp� Shanar�l CAPACITY CLAIMED BY SIGNER: CAPACITY CLAIMED BY SIGNER: Signer's Name: Candace Horsley Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer(s) � Corporate Officer(s) Title(s) Title(s) ❑ Partner- ❑ Limited ❑ General ❑ Partner � Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee(s) ❑ Trustee(s) ❑ Guardian ❑ Guardian ❑ Other: City Manager ❑ Other: 3IGNER IS REPRE3ENTING: 3IGNER IS REPRE3ENTING: Person(s) or Entity(ies) Person(s) or Entity(ies) Citv of Ukiah I I�IIII�III�IIII III�'I III�II IIIII IIIIII III IIIII�III IIII Page-182of 5