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Together with any and all other property adjacent to the foregoing <br /> described parcels which may belong to said owners. <br /> 2. Defendant Robinson Sons, Inc purchased a tract of unfenced, vacant land <br /> near Weston,Colorado in October, 2007 and described as follows.- <br /> Tracts No. 2,3,4 and 5 of Wet Canyon Ranch, Las Animas County, <br /> Colorado, part of the S 1/2 of Section26,Township 33 South, Range 67 <br /> West of the 6`b P.M. <br /> These tracts are part of a rural subdivision created by Defendants' predecessor in <br /> interest and grantor and are primarily on the property north of the long-established _ <br /> boundary fence between the property of Plaintiffs and that granted to Defendants by their <br /> predecessor in interest and grantor. <br /> 3. This is an action concerning the above referenced fence between <br /> properties owned by Vigil and Robinson as well as damages suffered by Vigil as a result <br /> of the debris and soil deposits by Robinson which buried a portion of the above <br /> referenced fence. Vigil has claimed that,pursuant to C.R.S. §3"-103, this fence is the <br /> legal boundary between the above referenced properties as the fence has been in <br /> existence in the same location for over 40 years, <br /> 4. The parties in this matter participated in a court ordered Mediation with <br /> Senior Judge Kim H. Goldberger on July 15,2015. This Mediation resulted in an agreed <br /> settlement wherein Robinson agreed to purchase the Vigil property for the sum of One <br /> Hundred Forty Thousand Dollars($140,000.00)within 45 days. Robinson claims to have <br /> been unable to timely fund the settlement agreed to between the parties. At this time, <br /> Vigil and Robinson wish to resolve Vigil's claims against Robinson and the <br /> counterclaims asserted by Defendants. To this end, Robinson has reaffirmed the sales <br /> price for the property and has agreed to pay Vigil the principal amount of One Hundred <br /> Forty Thousand and no/100 dollars ($140,000.00)(the"Settlement Amount")as provided <br /> in paragraph 5,below, in full settlement and compromise of all of Vigil's claims against <br /> Robinson and Defendants counterclaims. <br /> 5. Robinson shall pay Vigil Seventeen Thousand- Five Hundred and no/100 <br /> dollars($17,500.O0)commencing on December 12, 2015 wish payment of Five Thousand <br /> and no/100 dollars($5,000.00), and$2.500.00 on the twelfth(12 )day of each of the <br /> next five(5)months thereafter. On June 1,2016 the balance ($122,500.00)of the <br /> Settlement Amount shall be paid in full. All payments shall be delivered to David Vigil <br /> at 1313 Williams Street, #703,Denver, Colorado 80201-2671, said payments to be sent <br /> in time to be received by the due date. Time is of the essence of this agreement. At such <br /> time as the Settlement Amount has been paid in full, Vigil will execute and deliver a <br /> Special Warranty Deed, reserving minerals except gravel, to Robinson Sons, Inc. <br /> 6. In the event Robinson fails to make payment when due and fails to cure <br /> such default within five(5)business days of its receipt of a Notice of Default from Vigil or his counsel, directed to Robinson's counsel,Les S. Downs, via electronic mail at <br /> 2 <br />