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<br /> - <br /> CO{j?{fJ@{;;g~lTlON <br />TO: MAYOR AND CIITY COUNCIL <br />FROM: HEATHER A. BALSER <br /> INTERIM CITY MANAGER <br />DATE: May 23, 2007 <br />SUBJECT: Approval of Settlement Documents - Mayhoffer Litigation <br />ORIGINATING DEPARTMENT: CITY ATTORNEY'S OFFICE <br />SUMMARY: <br />The City has been named as a defendant in a quiet title action styled as John D. Mayhoffer and <br />Jeane A. Mayhoffer, et al. v. Aquarius Development Corp., City of Louisville, et al.~ Boulder <br />County District Court, Case No. 05 CV 1136, Division 3. In this case, filed in December 2005, <br />the property owners seek to quiet title to their property, subject only to certain recorded and/or <br />recognized matters, such as easements, IGAs and other matters. <br />A settlement has been proposed with Louisville to address certain matters raised in the <br />litigation. Documents related to the settlement which require action include the attached <br />stipulation, sewer easement, access license and fenceline agreement. The stipulation <br />embodies the terms of the parties' settlement and will be filed with the Court. The sewer line <br />easement, access license and fencHline agreement address particular issues concerning the <br />property that have been under discussion between the parties. <br />Once the settlement documents are finalized Louisville will remain a party for the sole purpose <br />of ensuring that final order(s) in the case are consistent with the stipulation for settlement. <br />Upon City Council approval, it is anticipated that the settlement documents will be finalized, <br />executed and filed within the next few weeks. <br />RECOMMENDATION: City Council approve the attached stipulation, sewer easement, access <br />license and fenceline agreement for resolution of the Mayhoffer quiet title litigation; authorize <br />the Mayor, City Clerk and City Attorney to execute the attached documents and such other <br />documents as are necessary to effect settlement as set forth in the stipulation; and authorize <br />the Mayor and City Attorney to negotiate and approve such final revisions to said documents as <br />they determine necessary or desirable for the protection of the City, so long as the essential <br />terms and conditions thereof are not altered. <br />1!5 SUBJECT AGENDA ITEM <br /> Approval to Proceed with Strategic <br /> Financ:ial and Operational Assessment <br />