Ordinance 2016-1721 - Laserfiche WebLink

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E. WHEREAS, those discrepancies and/or misclosures result in uncertainty as to the location "on the ground" of the above referenced common boundary line; and F. WHEREAS, it appears the existing fence between the Properties was placed on a line mutually identified at the time of fence installation as the desired common boundary line; and G. WHEREAS, while deed and survey discrepancies and/or misclosures result in uncertainty as to the location "on the ground" of the above referenced common boundary line, the Parties desire that the line of the existing fence serve as the common boundary line; and H. WHEREAS, pursuant to C.R.S. Section 38-44 -112, any line or disputed comer or boundary may be determined and permanently established by written agreement of all parties thereby affected, signed and acknowledged by each as required for conveyances of real estate clearly designating the same, and accompanied by a map or plat thereof which shall be recorded as an instrument affecting real estate, and shall be binding upon their heirs, successors and assigns; and I. WHEREAS, Karin S. Medina - Keller, Keith L. Keller and the City of Louisville desire to forever settle any question as to the actual location and legal description of the common boundary line between the Keller Property and the City Property. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated as if fully set forth herein, the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto agree as follows: 1. Description of Common Boundary Line. The Parties mutually agree that the common boundary line between the Keller Property and the City Property is as shown and described on the legal description and map attached hereto as Exhibit A. Pursuant to the forgoing, the City hereby remises, releases and forever quit claims to the Owners any and all right, title and interest which it may have in and to any portion of land in the possession of the Owners lying north and east of the common boundary line established by this Agreement and described in Exhibit A, and the Owners hereby remise, release and forever quit claim to the City any and all right, title and interest which they may have in and to any portion of land in the possession of the City lying south and west of the common boundary line established by this Agreement and described in Exhibit A. 2. Estoppels. Upon execution of this Agreement, the Parties hereto shall be estopped to dispute, challenge, or deny the location of the common boundary line as established by 2