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<br /> -. <br /> !Ji~@!%@U DRAfT <br /> SE\VER LINE EASEMENT AND RELEASE AGREEMENT <br />THIS SEWER LINE EASEMENT AND RELEASE AGREEMENT (this "Agreement"), <br />made this _ day of , 2007, is by and between the John D. Mayhon'er 'rrust, <br />Leannah Mayhoffer Baron and Robert Patrick Mayhoffer (collectively, "Mayhoffers"), and the <br />City of Louisville. a Colorado home rule municipal corporation ("Louisville"). Mayhoffers and <br />Louisville are sometimes referred to collectively herein as the "Parties" and severally as a <br />"Party." <br /> Recitals <br />A. Mayhoffers own certain real property in the County of Boulder, State of Colorado, <br />described and depicted on Exhibit A attached hereto and incorporated herein by this reference <br />("Mayhoffers' Property"). <br />B. Mayhoffers' predecessor in interest as owner of Mayhofters' Property, J.D. <br />Mayhoffer, as the "party of the first part," and The Louisville Sanitation District, a quasi <br />municipal corporation (the "Sanitation District"), as the "party of the second part," entered into <br />that certain Right-of-Way Agreement recorded in the records of the Boulder County Clerk and <br />Recorder on October 15, 1951, in Book 895 at Page 202 (the "1951 Right-of-Way <br />Agreement"). Pursuant to the 195 J Right-of-Way Agreement, among other things, a ten~faot <br />wide sewer line right-of-way was granted to the Sanitation District by Mayhoffers' predecessor in <br />interest, over a pOltion of the Mayhof~ers' Property as described in such Agreement. <br />C. As evidenced, inter alia, by that certain deed from the Sanitation District to The <br />City of Louisville recorded August 9, 1974 on Film 862 as Reception No. 112141, Louisville <br />acquired certain assets of the Sanitation District, and Louisville subsequently utilized the right- <br />of-way granted under the 1951 Right..af-Way Agreement for operation of a sewer line acquired <br />Ii.om the District. <br />D. Mayhoffers have filed an action in Boulder County District Court to quiet title to <br />Mayhoffcrs' Property described on Exhibit A which action is styled John D. lvf(.Wh(~[rer and <br />Jeane A. Mayhotfer as Trustees of the John D. Mayhoj(er Trust; Leannah Jodayhoj(er Baron and <br />Robert Patrick Mayhol{er v. Aquarius Development Co.. et. al.. Case No. 05 CV 1136. and <br />Louisville is a defendant in such action (the "Quiet Title Action"). <br />E. In connection with the sewage treatment plant and system operated by Louisville, <br />Louisville constructed and is presently using an underground 24-inch sewage outfall line a <br />portion of which, along with associated manholes, encroaches onto Mayhoffers' Property (the <br />encroaching portion of such line and associated manholes is sometimes referred to in this <br />Agreement as the "Encl.oaching Improvements"). <br />F. Louisville has claimed an interest in the MayhotIers' Property as related to <br />Encroaching Improvements and has asserted in the Quiet Title Action a counterclaim against <br />Mayhofters to quiet title to certain property described therein. <br />G. The Parties desire, on the terms and conditions set fOlth in this Agreement: (a) to <br />establish for Louisville a perpetual, non-exclusive easement in that portion of the Mayhoffers' <br />