City Council Agenda and Packet 2007 05 23 SP

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- !Ji~@[%@U Encroaching Improvements, and not as a "utility easement"). The existing location of the Encroaching Improvements is described and depicted on Exhibit B attached hereto and incorporated herein by this reference. Louisville acknowledges and agrees that the Encroaching Improvements Easement granted hereby does not entitle Louisville to, and Louisville agrees not to, expand or add to the Encroaching Improvements in the Encroaching Improvements Easement Area or move the Encroaching Improvements further onto Mayhoffers' Property or otherwise alter the existing location of the Encroaching Improvements on Mayhoffers' Property, except that Louisville, at its discretion and expense, shall have the right to relocate any portion of the Encroaching Improvements presently existing on Mayhoffers' Property closer to or within County Road 62, without otherwise expanding or adding to the Encroaching Improvements. Louisville further acknowledges and agrees that the Encroaching Improvements Easenlent Arca is more than sufficient to effectuate the purpose of the Encroaching Improvements Easement, and that there is no need to expand the Encroaching Improvements Easement Area to effectuate the purpose of the Encroaching Improvements Easement. " Disclaimer; 1951 Right-of-Way Agreement. -'. (a) Simultaneously with the execution hereof, the Paliies are executing for filing in the Quiet Title Action their Joint Motion for Stipulation of the Parties to be Entered as Order of Court, Joint Stipulation and Agreement, and City of Louisville's Disclaimer of Interest in Portions of the Real Property (the "Stipulation"). The Parties acknowledge and agree that it is their intent, by this Agreement and the Stipulation, to confirm, by grant of the Encroaching Improvements Easement, an easement for Louisville for the Encroaching Improvements, and to confirm abandonment of the 19511 Sewer Line Improvements and easement for such Improvements. (b) Nothing herein, and nothing in any discussions or communications between Mayhoffers and Louisville during the pendency of the Quiet Title Action, or in any orders issued in the Quiet Title Action, are intended or shall be construed to affect in any way any rights or claims of Mayhoffers, if any, in or to the effluent or the lIse or delivery of effluent from the City of Louisville wastewater treatment under the 1951 Right-of-Way Agreement recorded October 15, 195 1 in Book 895 at Page 202. Similarly, nothing herein, and nothing in any discussions or communications between Mayhoffers and Louisville during the pendency of the Quiet Title Action, are intended lOr shall be construed to affect in any way any claims and substantive or procedural defenses Louisville may have to any such asserted rights or claims of Mayhoffers. Mayhoffers and Louisville stipulate that all such rights, claims and defenses are hereby preserved. 4. Covenants of Louisville. Louisville covenants and agrees: that the Encroaching Improvements shall at all times be kept and maintained by and at the expense of Louisville in good and safe condition and repair, and in compliance with all applicable laws, ordinances, regulations and other governmental requirements now or hereafter in effect; that the use made of the Encroaching Improvements will comply at all times with all applicable laws, ordinances, regulations and other governmental requirements now or hereafter in effect; and that all maintenance, repair and replacement in connection with the Encroaching Improvements Easement or the Encroaching Improvements shall be performed in a workmanlike fashion by competent persons and in a reasonable, safe and prudent manner. Following any and all sllch maintenance, repair or replacement, and upon any damage or deterioration of Mayhoffers' -3-