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HomeMy WebLinkAboutLovejoy, Cho 2000-05-19 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 Cu t/O 057-) ejuyp `'000— 6 8:. 4 F�4ec or tac� at the request of CITY UK.I.AH 05/24/2000 01:54P Fee: 0.00 No of Pages: OFFICIAL.. RECORDS Mendocino County, CA Marsha A. Wh .rff, Clerk-Recorder II II 1111 011111 VIII IIIVIII VIII III 11111 1111 IIII Gages -081 of 5 (Above space for Recorder's use only) AGREEMENT TO MAINTAIN TREES IN PUBLIC RIGHT OF WAY This Agreement is entered on ,5--" J -60 , Z'X), in Ukiah, California, between the City of Ukiah ( "City "), and 2 o ve :7- 1 e-/o ( "Property Owner "). RECITALS: Ukiah. 1. Property Owner owns property fronting on a city street or right of way in the City of 2. Property Owner wants toA place ❑ replace [check one] _ street tree[s] adjacent to his/her property. 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 \strcetTREES.wpd September 29, 1998 Page 1 of 3 1110 111010101 1 1111111111111111111 1111 1 1 1 1 1 1 1 1 Page -021 o f 5 1. Property Owner is hereby authorized to place or remove and replace treet trees within the public right of way adjacent to the property located at , ! S hfd r1/-e..1 ,./1.‘- {street address] in the City, also known as Mendocino County Assessor's Parcel No. / 190,Z -/7>3 =574 — The approved species and size of the newly planted trees are: 1.1 Approved Species: f,'LL)/ ®A,� C Z EY is i k(G AL-oNO Per-k-/NS S-r . l �= get-de41 ) is 1e4Jl Iz Ot) , 411°14006D 5 r 65 544A w g� Pt5't'4 i AtaP /Oiz le-Ay (Amor) A544 , 1.2 Approved size: ic4 4Ai" vtit 15 4.41. • 6 ' 1 'Lt- 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 ga.g O 3 Property affected: Mendocino County APN OD.Z - /93 - S� 5. Whenever notice is authorized or required by this Agreement, it shall be deemed S: \U\Agrmts98 \streetTREES. wpd September 29, 1998 Page 2 of 3 1 111111 11111 1111111 11111 III 1111111 11111 III 11111 IIII IIII Page -031of 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 FOTE-{L -eft, f_sTafig LOV y l 1 . I' P 1-1AL DI21'1 UKIAH, e4 95-0.2-- 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 dates tten CITY OF UKIAH City Manager CANP&e• f/AeSLEy PROPER NOTARY ACKNOWLEDGMENT S : \U\Agrmts98 \streetTREES.wpd September 29, 1998 Page 3 of 3 I 111111110111111110111 III 1111111 'lilt III 0111Hill 1age -041of 5 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT ryy .� tic k v�c�erc� r�ccrerc� reamer er r fi State of California fi County of /Y %�sl L &'4J U fi SS. On /22/99 L , before me, A/./6, d /• U� � -W z VL Date Name and Title of Officer (e.g., "Jane Doe, Notary P t ") personally appeared r L ,' ttiP L° L MARIE ULVILA %II q : Commission # 1215104 --.; Notary Public - caAlloll�o % Mendocino Count/ imp.qp,.....2.4y Comm. Figures Dec9, 3 Name(s) of -r(s) 1 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person('' whose name $a' is /a/ subscribed to the within instrument and acknowledged to me that h/she /tl;y executed the same in I3 /her /tlir authorized capacity,(j.e''), and that by I}her /fir signatureon 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. Place Notary Seal Above Signature of Notary Public OPTIONAL 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 i1 e ti 1" Title or Type of Document: T' 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 — I_I Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb her © 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1- 800 - 876 -6827 IImINIII111ININhpIIMININ� MUM IVI101 .': "° GENERAL ACACKNOWLEDGMENT STATE OF CALIFORNIA } } COUNTY OF MENDOCINO ) On before me, ! ! V ►�_ . personally appeared )7. .Sly Lia c )('. !o kc_ personally known to me (or proved to me on the basis of sate fa ory evidence} lo be the person(s) whose name(s) i /are subscribed to the within instrument and acknowleelpd to me that )/s/they executed the same in pts/46r/their authorized capecity(ies ), an that by /t rltheir sionature(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. WITNESS my hand and official seal. Signature (NOTARY SEAL) RAMBLE A. SUMMIT �� ;onimbion 411297!4 � , .5� taryPubic — CaManIO tR� Mendodno County My Comm. Expires Jan 20, 2001 ATTENTION NOTARY: Although the information refit ^`.:a t elow is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. 'I HIS CERTIFICATE MUST BE ATTACHED TO Title of Document Type k14i 1 1.1A % 1 g ii ,I2 I THE DOCUMENT DESCf2Il ED AT RIGHT. Number of Pages . Date of Document 110( l Signer(s) Other Than Named Above -c)