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lesdownslaw r,omcast.net, upon Motion, Vigil shall be entitled to a Judgment against <br /> Robinson as follows: <br /> (1) Vigil shall keep any and all payments actually made by Robinson <br /> prior to the default as liquidated damages. <br /> (2) The Judgment shalt state that Robinson has forfeited any and all <br /> rights to the property claimed by Vigil South of the fence line and that the fence lute as <br /> shown on the Subdivision Plat for Wet Canyon Ranch prepared by Terry Surveying on <br /> August 5,2003 is the legal boundary between the Vigil property and Tracts 4 and 5 of <br /> Wet Canyon Ranch owned by Robinson- By September 1,2016,Robinson shall also <br /> remove all soil and debris from the fence and restore the fence to its location and <br /> condition prior to Robinson actions in burying a portion of said fence. Time is of the <br /> essence of this agreement. Vigil shall be entitled to all costs of enforcing the terms of <br /> this Settlement, including reasonable expenses of removing all soil and debris from the <br /> fence and to restore the fence to its location and condition prior to Robinson actions in <br /> burying a portion of said fence, court costs and attorney's fees, all of which shall be <br /> awarded upon motion, which motion shall be resolved pursuant to C.RC.P. 121 Section <br /> 1-22, <br /> 7. Vigil and Robinson request that Vigil's claims against Robinson be stayed <br /> pending Robinson's performance of its obligations under this Stipulation. Within seven <br /> (7)calendar days of Vigil's receipt of the final payment from Robinson, Vigil and <br /> Robinson shall file a Stipulation for Dismissal, dismissing all of the parties claims against <br /> each other with prejudice, the parties to pay their own attomey's fees and costs. A <br /> proposed Order Approving Stipulation for Settlement is provided herewith. <br /> WHEREFORE,Plaintiffs David C. Vigil and Marcia K. Vigil aka Marcia Vigil- <br /> Kunich and Defendants Robinson Sons, Inc.,Steve R. Robinson and Daniel Philip Lee <br /> Robinson request that the Court enter an Order approving their Stipulation for Settlement, <br /> and for such other and further relief that the Court deems just and proper. <br /> DATED this 4th day of December, 2015. <br /> Respectfully submitted, <br /> GARY R. COWAN <br /> [A duly signed original onfile at office of <br /> u&ersigned J <br /> By: /s/Gary R Cowan <br /> Gary R. Cowan,#2507 <br /> Attorney for Plainliffis David C. Vigil <br /> and Marcia K Vigil aka Marcia Vigil- <br /> Kunich <br /> 3 <br />