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<br /> - <br /> !Ji~@!%@u <br /> , <br />JOINT MOTION FOR STIPULATION OF THE PARTIES TO BE ENTERED <br />AS ORDER OF COURT; JOINT STIPULATION AND AGREEMENT, AND CITY <br />OF LOUISVILLE'S DISCLAIMER OF INTEREST IN PORTIONS OF THE REAL <br /> PROPERTY <br /> , <br /> I <br />Plaintiffs, John D. Mayhoffer and Jeane A. Mayhoffer as Trustees of the John D. Mayhoffer <br />Trust; Leannah Mayhoffer Baron; and Robert Patrick Mayhoffer, and Defendant, the City of <br />Louisville, through their undersigned counsel, respectively move the Court for the entry of an Order <br />approving the Stipulation of the parties set forth below. <br />AS GROUNDS THEREFOR, t.he parties state: <br />1. Plaintiffs named Defendant City of Louisville as a defendant in this action, which <br />concerns certain real property described in the Amended Complaint Under Rule 105, which was tiled <br />on December 9. 2005. <br />2. Defendant City of Louisville filed its Answer to the Amended Complaint Under Rule <br />105 and Amended Counterclaim on September 19, 2006, asserting certain interests in the real <br />property. <br />3. PlaintitTs and Defendant City of Louisville enter into this Joint Stipulation and <br />Disclaimer to resolve the claims raised in the Amended Complaint and Amended Counterclaim. <br />Subject to the interests set forth herein and provided that certain instruments are recorded and that <br />such instruments and certain other matters as set forth herein are acknowledged in this action and in <br />any final order(s) entered in this case, the parties stipulate to the following: <br /> (a) Defendant City of Louisville hereby disclaims, pursuant to Rule 1 05( c) and <br />I 05(f)(3), C.R.C.P., any right, title, or interest in the real property described in the Amended <br />Complaint herein except for the following as set f011h in the Amended Complaint and in <br />Exhibits A, B, and C, attached hereto, and su~iect to the provisions of paragraphs 3(b), (c), <br />(d), (e) and (f) below: <br /> Terms, conditions, provisions, agreements and obligations contained in the <br /> Lalllyette/Louisvi lIe Buffer Comprehensive Plan Intergovernmental <br /> Agreement recorded on August 15, 1996 on Film 2148 as Reception No. <br /> 1634694; <br /> Terms, conditions, provisions, agreements and obligations contained in the <br /> Boulder County Countywide Coordinated Comprehensive Plan <br /> Intergovernmental Agreement recorded on November 7, 2003 as Reception <br /> No. 2524695; <br /> 2 <br /> ,- <br />