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HomeMy WebLinkAboutKeszler, Gary 2001-04-27 ActiveRECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City of Ukiah Ukiah Civic Center 300 Seminary Ave. Ukiah, CA. 95482 Attention: City Clerk C NC 0L-r-701 2001-07698 Recorded at the request of CITY OF UK:I:f•1I"I 05/01/2001 04:27P Fee: 0.00 No of Pages: 5 OFFICIAL RECORDS Mendocino County, CA Marsha A Wh :'rff, C1erk....I erorder, IIIIIIIIIIIIIIII11INIIIIIIVIIIIIAR III IIIIIIIpINI w: '1 69.. 5 (Above space for Recorder's use only) AGREEMENT TO MAINTAIN TREES IN PUBLIC RIGHT OF WAY This Agreement is entered on�;i , c)/ , in Ukiah, California, between the City of Ukiah ( "City "), and d'iV.�'S RECITALS: Ukiah. "Property Owner "). 1. Property Owner owns property fronting on a city street or right of way in the City of 2. Property Owner wants to property. place ❑ replace [check one] _ street tree[s] adjacent to his 3. Under Ukiah City Code ( "UCC ") §5424, the City Manager has supervision, direction and control over the care, removal and replacement of street trees within the City. 4. The City Manager has determined 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 \streetTREES.wpd June 1, 1998 Page 1 of 3 1. Property Owner is hereby authorized to place or remove and replace street trees within the public right of way adjacent to the property located at 135" NO.spr(AL P [street address] in the City, also known as Mendocino County Assessor's Parcel No. 0.-C--/93 -.E4 . The approved species and size of the newly planted trees are: 1.1 Approved Specifies: 1.2 Approved size: The planting shall comply 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 attached 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 planted. "Maintain" shall mean pruning, spraying, mulching, fertilizing and watering the tree or trees in 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 are attached as Exhibit 3. 3. If City determines that Property Owner 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 damage, the shorter time shall be specified in the notice. If City corrects the deficiency, Property Owner shall pay City its costs to perform this work. Upon completion of the work, City shall provide Property Owner with an invoice for its costs. Property Owner shall pay the invoice within 10 days after it is mailed. 4. The provisions of this Agreement shall constitute a restrictive covenant that runs with the land, which shall 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 Property affected: Mendocino County APN /93` 51 5. Whenever notice is authorized or required by this Agreement, it shall be deemed S: \U \A grmts9 8 \streetTREE S.wpd June 1, 1998 Paae 2 of 3 1 111111 11111 1111 1111111 1111 11111 1111111 111 11111 1111 1111 Page -026ef 5 given, when personally delivered or deposited in the United States mail with proper first class postage affixed thereto and addressed as follows: 5.1 City Manager City of Ukiah Ukiah Civic Center 300 Seminary Ave. Ukiah, CA. 95482 5.2 6. This Agreement 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 concerning 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. CITY OF UKIAH PROPERTY OWNER NOTARY ACKNOWLEDGMENT 1 111111 11111 1111 NEE 1111 11111 111101 III 11111 1111 1111 Page -036ef 5 S: \U \Agrmts98 \streetTREES.wpd June 1, 1998 Page 3 of 3 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT fi State of California County of �J before me, /1)A/Q/� U- eal /.L/r% /V072 iaa6 Date 7 Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared q/04b0/9 /7l4 /2,$ Name(s) of Signer(s ) J Vsonally known to me ❑ proved to me on the basis of satisfactory evidence �• MARtE ULV1LA Nam Mac - COINS Commlalon 12411011 l .. Mintledno Cs.m Place Notary Seal Above 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(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Signature of Notary Public 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 1999 National Notary Associatii 1111111 11111 1111 IIIIII 1111 131 11111E11 III VIII 1111 11 P'9e-018oa 5 RIGHT THUMBPRINT OF SIGNER Top of thumb here Reorder: Call Toll -Free 1- 800 - 876 -6827 1 CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW: TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT L& �7-71 lU SIGNER(S) OTHER THAN NAMED ABOVE 2001 -07698 IIIIIII IIIII IIII IIIIIII 1111 VIII IIIIIII III IIIII IIII IIII Page : 5 of 5 State of California County of Mendocino On G 0 before me, DANA FRONEBERGER, Notary Public, DATE personally appeared S NAME(S) OF SIGNER(S) • personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name Is/ae- subscribed to the within instrument and acknowledged to me that he - ,n- executed the same i his her their authorized capacity(ies), and t at b . his , er— their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. rn, OFFICIAL SEAL ", DANA FRONEBERGER � /? �r NOTARY PUBLIC - CALIFORNIA _ A _ \ opi COMMISSION # 1208669 f `g. MENDOCINO COUNTY t ei ii ii My Commission Exp. February 17, 2003 Agli SIGNATURE OF NOTARY CAPACITY CLAIMED BY SIGNER • INDIVIDUAL • CORPORATE OFFICER(S) • TRUSTEE(S) • GUARDIAN /CONSERVATOR • ATTORNEY -IN -FACT • OTHER: • PARTNER(S) • LIMITED • GENERAL SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW: TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT L& �7-71 lU SIGNER(S) OTHER THAN NAMED ABOVE 2001 -07698 IIIIIII IIIII IIII IIIIIII 1111 VIII IIIIIII III IIIII IIII IIII Page : 5 of 5