City Council Agenda and Packet 2007 05 23 SP

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-. !Ji~@!%@U Property described and depicted on Exhibit B attached hereto and incorporated herein by this reference (the "Encroaching Improvements Easement Area"), for the use, operation, maintenance, repair and replacement of the Encroaching Improvements; (b) to confiml Louisville's abandonment of any interests in the right-of-way granted under the 195] Right-of- Way Agreement and sewer line improvements located elsewhere on the Mayhoffers' Property; and (c) to provide for the filing of a joint stipulation and a disclaimer of interest in the Quiet Title Action. H. The Parties understand and agree that this Agreement does not address or resolve and is not intended to address or resolve any rights or claims in or to the effluent or the use or delivery of effluent from the City of Louisville wastewater treatment plant Mayhoffers may claim to have under the 195] Right-of-Way Agreement or any claims and substantive or procedural defenses Louisville may have to any sllch asserted rights or claims ofMayhoffers. THEREFORE, in consideration of the foregoing and the mutual promises and covenants contained herein, the sufficiency of which are hereby acknowledged, the Parties agree as follO\vs: 1. Release of 1951 Sewer Line Easement. Louisville does hereby irrevocably release, relinquish, remise, abandon, grant, bargain, sell and convey, without warranty, to Mayhoffers and Mayhoffers' heirs, personal representatives, successors and assigns, any right, title or interest in or to that certain ten..foot wide sewer line right-of-way granted and conveyed to the Sanitation District pursuant to the 1951 Right-of-Way Agreement, which ten-foot wide sewer line right-of-way is legally described in paragraph 2 of the 1951 Right-of-Way Agreement and which area, as legally described is sometimes hereinafter referred to as the "1951 Sewer Line Right-of-\Vay Area". This release and conveyance to Mayhoffers docs not include any right. title or interest in or to the effluent or the use or delivery of effluent from the City of Louisville wastev,mter treatment plant. Any improvements placed on Mayhoffers' Property within the 1951 Sewer Line Right-of-Way area or pursuant to such right-of-way grant (the "1951 Sewer Line Improvements") will not be removed by Louisville, although Mayhoffers shall be free to do so at their discretion and cost. Louisvillle covenants and agrees, hov.,rever, not to use those 1951 Sewer Line Improvements in the future, and in that regard Louisville represents, warrants and promises to Mayhoffers that Louisville has previously disabled, and will not restore, the means by which sewage, effluent or any other substance could be moved into the 1951 Sewer Line Improvements or onto the portion of Mayhoffers' Property that was the subject of the 1951 Right-of- Way Agreement. 2. Grant of Easement for Encroaching Improvements. MayhotIers hereby grant, bargain, sell and convey to Louisville a perpetual, non-exclusive easement (the "Encroaching Improvements E.lsemenf') on, in, under and through the Encroaching Improvements Easement Area, for the lise, operation, maintenance, repair and replacement of the Encroaching Improvements; provided, however, that only those portions of the Encroaching Improvements Easement Area lying from the North right-of-way line of County Road 62 (as depicted on attached Exhibit B) to and including the existing location of the Encroaching Improvements on Mayhoffers' Property shall be available tor the use or operation of the Encroaching Improvements or considered to be a "utility easement," and any and all additional width of the Encroaching Improvements Easement Area on the "fence side" of the existing location of the Encroaching Improvements is provided only for work in connection with the maintenance, repair and replacement of the Encroaching Improvements (and not for the use or operation of the -2- ,-