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<br /> RESOLUTION NO.6 <br /> SERIES 2006 <br />A RESOLUTION APPROVING A MUTUAL RELEASE AND SETTLEMENT <br />AGREEMENT <br /> WHEREAS, by the plat of the Murphy Place Subdivision, recorded in 1907 as Reception <br />No. 57381, Plat Book 3, Page 28, Boulder County Records, there was dedicated for public use a <br />right-of-way sixty (60) feet wide and fifty (50) feet in length (the "Old Right of Way") located <br />between Lots 10 and 11, Block 9, Murphy Place Subdivision (which Lots are owned by Kenneth E. <br />Sawyer and Bernadine M. Sawyer and known as 224 Front Street) and Lots 16 and 17, Block 8, <br />Murphy Place (which Lots are owned by Denise L. Ehrmann and Philip J. Ehrmann and known as <br />221 Front Street); and <br /> WHEREAS, ownership of the Old Right of Way is the subject of pending litigation <br />between the Sawyers and the Ehrmanns, on the first part, and the City, on the second part, which <br />litigation is styled as Kenneth E. Sawyer, Bernadine M. Sawyer, Philip J Ehrmann, and Denise L. <br />Ehrmann v. The City of Louisville, Case No. 2005CV52, Boulder County District Court (the <br />"Civil Action"); and <br /> WHEREAS, a Mutual Release and Settlement Agreement has been proposed between <br />the parties to resolve the Civil Action and the parties' dispute regarding ownership of the Old <br />Right of Way; and <br /> WHEREAS, the City Council by this Resolution desires to approve the Mutual Release <br />and Settlement Agreement and authorize its execution. <br /> NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE <br />CITY OF LOUISVILLE, COLORADO: <br /> 1. The proposed Mutual Release and Settlement Agreement ("Agreement") between <br />Kenneth E. Sawyer and Bernadine M. Sawyer and Denise L. Ehrmann and Philip 1. Ehrmann, on <br />the first part, and the City of Louisville, on the second part, is hereby approved in essentially the <br />same form as the copy of such Agreement accompanying this Resolution. <br /> 2. The Mayor is authorized to execute the Agreement provided the same has first been <br />executed by all other signatories thereto. <br /> 3. The City Council hereby authorizes payment of such sums as are set forth in the <br />Agreement; provided, however, that payment shall not be made sooner than the time of satisfaction <br />of all other Conditions of Settlement set forth in such Agreement. <br /> 4. Neither the adoption of this Resolution nor any provision hereof shall be construed <br />to effect or limit the discretion of City Council respecting approval of the Vacation Ordinance, the <br /> 1 <br />