HomeMy WebLinkAboutQuitclaim 05- Landscape Screening Agreement, Seise, US Bank Trust, 2005
. ,
. .
CITY OF BOZEMAN
LANDSCAPE SCREENING AGREEMENT
This Agreement is dated the ---.6.1b_.. day of June , 2005, by and
between Virginia T. Seise of 7084 Sourdough Canyon Road, Bozcman, MT 59715, (36.5%
interest) and Virginia T. Seise of7084 Sourdough Canyon Road, Bozeman, MT 59715 and U.S.
Bank Tmst National Association MT (tka First Tmst Company of Montana) of P.O. Box 730,
Bozeman, MT 59771, as tmstees of the Robert A. Seise Rcsiduary Trust (63.5% interest) (Seise),
their successors and assigns, and the City of Bozeman, a municipal corporation of the State of
Montana, with offices at 411 East Main Street, Bozeman, MT 59715 (the City), its successors
and assigns.
WHEREAS, Seise has fee simple title to that parcel of land described by deed dated July
10,2000 and recorded in Doc. No. 2016190, (Property) as filed with the Gallatin County Clerk
and Recorder; and
WHEREAS, the City, in or about the year 2004, did constmct a chain link fence around
its water treatment plant near the northwest corner of said Property, and
WHEREAS, the City and Seise did verbally agree that the installation of trees on Seise's
property to screen said fence would be mutually bcneficiaI to both parties, and
WHEREAS, both parties now desire to formalize said agreement with a written
document under the terms and conditions herein,
WITNESSETH:
In consideration of the payments herein set forth and the specific agreements to be
perfOlTIled by both parties hereto and written into this agreement, the parties hereto bind
themselves to the tenns and conditions set Jorth herein. No verbal agreements shall be binding
on either party and this agreement shall become effective upon execution by all the parties.
1. Seise has obtained a eost estimate of $3,200 for the installation of 16 evergreen
trees to be installed on the Seise property to scrcen the chain link fence on the City's property.
2. Within 30 days of signing this Agreement, the City of Bozeman shall pay Scise
the sum oC $3,200.00 for the installation of the trees. Said payment shall be made to Virginia T.
Seise and mailed to 7084 Sourdough Canyon Road, Bozeman, MT 59715. The parties hereby
mutually agree that said payment is for thc purchase of the trees described in paragraph 1 above
and Seise shall complete planting oCthese trees within 500 days of receipt oCsaid payment.
3. As soon as Seise's contractor is available after thc paymcnt described in
paragraph 2 abovc is paid by the City of Bozeman, Seise agrees to have said trecs installed. Said
installation shall occur so as to scrccn the portion of the City's fence located bctwccn thc Watcr
Trcatment Plant and Seise's stmctures and driveway located dircctly to the south of the Water
Treatment Plant. The City agrees to delincate said boundary line at the request of Seise. In no
j l:\0417\040-0 I \EASLMLNTS\Scisc\ Tree Agreerncn!.j'INAL-0420051 Joe
~
cvent shall any trees be planted closer than 20 fcet from the City's chain link fence. If said trees
are to bc installed on landscaping mounds, the bases of said mounds shall be at least 20 leet from
the City's chain link fence. If limbs from said trees encroach ncarer than 20 feet from the City's
lencc as said trees mature, thc City has the right to cntcr Seise's property to pnmc the northerly
limbs to a reasonable distancc from the City's fcncc.
4. Upon complction of the installation of said trees, Seise agrees to submit written
notice of said completion to thc City of Bozeman.
5. Seise agrces to indemnify and hold the City hannless from any and all claims,
causes or action, liability, or damages (including attorney lees and costs) arising or incurred on
account of or during Scisc's or Seise's contractor's installation of the screening trecs.
6. The Cailure of either party to take action with respect to any breach of any term,
covenant, or condition contained in this Agreement shall not be decmed to be a waiver of such
ternl, covcnant, or condition, or subsequent breach of thc samc, or any other ternl, covenant, or
condition, unless such waiver is in writing and signed by thc partics.
7. Timc is of the essence of this Agreement, and of each and cvcry covenant, term,
condition, and provision of this Agreement.
8. This Agrecment shall be govcrned by, construed, and enforccd in accordance with
the laws ofthc Statc of Montana.
9. This Agreement constitutes the cntire Agreement bctwccn thc parties. Any prior
understanding or rcpresentation of any kind preceding the clate of this Agrcement shall not be
binding upon cither party except to thc extent incorporated in this Agreement.
10. Any modi fication of this Agreemcnt or additional obligation assumcd by cithcr
party in connection with this Agrecment shall be binding only if cvidenced in writing signed by
cach party.
11. This Agreement shall be binding upon and inure to thc bcncfits of the heirs,
personal represcntatives or assigns ofthc parties.
12. In the event eithcr party files suit to enforce the temlS of this Agreement, the
prevailing party in such suit shall be entitled to rccovcr the costs of such suit, including attomey
fees, including salary of in-house counscl, from the other party.
H:\0417\040-01 \FASFM FNTS\Scisc\Trcc Agrccmenl-f'INA 1.-O.1200:i[)()(,
It
IN WITNESS WHEREOF, the parties have sih,'11ed this ^greement on the date set forth after their
signaturcs.
:?//2 I .' .'. '7: f,' t'i<t. . I I-
~. I .'. ___
I' ,,,,,"{,,' :,..
~~,:.~_:",,) ,.{;..-' )t-'"t",,/'.-'-- ".-'-" / "'"' / /, )
Virginia T. Seisc Datc
STATE OF MONTANA )
) ss.
COUNTY OF GALL^ TIN )
"t i' \. ...__' 2005, before mc the undersigned, a Notary Public
On this n day of ,;.. ~ for thc State of Montana, pcrsonally( pearcd Virginia T. Seise, known to me to be the person whose
name is subscribed to in the within instrument, and acknowledged to me that she executed the samc.
~\\\\\\\~~,*~~ESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and
~~~~ove.~~~.
" <v. .~ -:- ~. ~~
f : aTARI '. ,%"'... .... ~...--~,~_... . .......... ..............-.. ~,_. --
_ . ~ Jl1{. _ c- -------"':: <..~. C" ""---'.w ......m'/ '.' '--....
~ . --- . ~ Notary Public for the ate of MOI"Ifana
- *. S . * - '. .
~ . EAL. S (Printed Name) [VI ( ('.~ ;'-(, L (. C
-::;.~ .~.:::- ..
~ 'AL) . . i?f- ~ Resldmg at: ~:;"J l , F'lr'
;.00:' . . . .' ~ ~ " .. .' , . '
~,.j MO~"\ ,~ My CommlsSlOn E . Ires:..Q..:iJ'2.J /20 ~
~ ~ ~.w
:/t" '"11I\1\:' ~ _5. /'i .J ( C~
Tru~e Robert A. Scisc Residuary Trust Date
On this I..Ztilctay of In..'!, " , 2005, before me the undersigncd, a Notary Public
for the State of Montana, personally a~earcd _2RA/1:i ~a.IL ,known to me to be the Trustcc of
thc Robert A. Seise Residuary Trust and the pcrson w se name subscnbed to m the wlthll1 II1strumcnt,
and acknowledged to me that hclshe executed the samc for and on behalf of said Trust.
STATE OF MONTANA )
~~O"'$to" t.. : ss.
COUNTY OF . L\TIN )
\ ~f)\" 'F'" I
\\g"\\.\ ..... . ~4)Q);
\. .~y . ..
",~~y'/.~#,p<#'" ~..
:' '/ iftAI1AL "\ ~
(SEAL) :: . i . '. . "": ::
:.Y..~. 6b'~ -.1\-=
:; t SEAL ; =
~ \ -',,, . ~
.~_ u),". .' /~ ~
~:. .... ..........
--, -1' l'f .......... ~ ~ ,,'
"'II OF ~I'()~ \\\\"
l'IIUI.li\\""\
11:\0417\040-0 I \EASEMENTS\Seise\lrcc Agrccrncnt+1NAIAl4200.' 1)0('
,
.;.
~;I~~ 6-7..o~
_u,__ ...,..~ ,...-,._- ..' ~.~_ ,., ~n_____
CITY OF BOZEMAN Date
Chris Kukulski, City Managcr
ATTEST:
~L~ W."~ June 7.2005
Clerk ofthe City Commission Datc
STATE Of MONTANA )
) ss.
COUNTY OF GALLATIN )
On this 1.1t"ciay of ~s-lIC1/liL-. _._._' 2005, beforc mc, a Notary Public [or thc State of
Montana, personally appeared CHRIS KUKULSKI and ROBIN 1,. SULLlV AN, known to me to be the
City Manager and Clerk ofthc City Commission, respectively, for thc City of Bozeman and thc persons
whose names are subscribed to the within instrument, and acknowledged to mc that they executed the
same for and on behalf of the City of Bozeman.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year
above writtcn.
(S EAL)
H:\0417\040-01 \EASLMENTS\Scise\Trcc Agreclllenl-FINAI.-042005,DOC