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Mutual Release and Settle,_ _nt Agreement Page 2 11 11 1 N I •1111 ill 1 1 11 11 i i Bou der Coun y Clerk, CO AG 2773464 Page: 2 of 43 05/02/2006 02:0BP R 216.00 D 0.00 the City -owned property to the south to the City alley on the north end of the Old Right of Way. The Parties have marked the boundaries of the New Right of Way in a mutually acceptable location, and the City will provide and pay for a survey and legal description for the New Right of Way. The City will relinquish any interest it has in the remaining eastern and western portions of the Old Right of Way. To effectuate and implement said creation of the New Right of Way and said transfer of the City's interest in the remaining eastern and western portions of the Old Right of Way, the City will formally vacate said remaining eastern and western portions of the Old Right of Way by the Form of Vacation Ordinance attached hereto as Exhibit A, and quit claim any interest the City has in and to the same by the Form of Quit Claim Deeds attached hereto as Exhibit B. The eastern and western portions of the Old Right of Way that are vacated and quit claimed by the City shall not be included in any setback measurement or in any calculation of applicable lot coverage, floor area or similar yard and bulk requirements for building or development of 221 Front Street and 224 Front Street; however, the foregoing shall not preclude the owners of 221 or 224 Front Street from requesting a variance or other administrative relief from any yard or bulk requirement, such request to be considered without reference to or inclusion of any vacated portions of the Old Right of Way. The provisions of the immediately preceding sentence shall be binding on the parties (as provided in Section 23, below) and shall also be a covenant running with the vacated portions of the Old Right of Way. Additionally, such restriction shall be set forth in the Vacation Ordinance and the Quit Claims Deeds executed by the City. To further effectuate and implement said creation of the New Right of Way, the Sawyers and the Ehrmanns will quit claim any interest they have in and to the New Right of Way by the Form of Quit Claim Deeds attached hereto as Exhibit C. The parties will exchange Quit Claim Deeds within five (5) days after the Ordinance Effective Date. 3. Fencing of the New Right of Way. The Parties agree that the City shall be allowed to fence the New Right of Way corridor with a fence no higher than four (4) feet high of a single, open lattice type chosen by the Sawyers or the Ehrmanns, subject to the City's approval, which approval will not be unreasonably withheld. This right to choose the type of fencing is personal to the Sawyers and the Ehrmanns. Additionally, any fencing along the New Right of Way corridor and along any portion of the north and south boundaries of the Old Right of Way shall be no higher than four (4) feet and of a single, open lattice style. 4. Maintenance of Water Lines. The Parties agree that, effective on the Agreement Effective Date, the Sawyers and the Ehrmanns will be responsible for the maintenance of any water lines located outside of the New Right of Way, and that the City will be responsible for the maintenance of any water lines located within the New Right of Way; provided, however, that by the form of and for the term of the Grant of Easements and Agreement attached hereto as Exhibit D, the Sawyers and the Ehrmanns shall at their expense maintain any water lines located in the New Right of Way. Water line connections will be reconfigured at the City's expense, as necessary, so that each house has an independent water service as set forth in the Form of Grant of Easements and Agreement attached hereto as Exhibit D.