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C ~~~` <br />SETTLEMENT AGREEMEN"I' ~ <br />The parties, Nick Gray and Lazy A Corporation, enter intmt~t~{Qbyjti$ settlement <br />agreement to resolve the access and other issues which are the s ot~'~bli~ll'tNtett€m+rt 7th JD <br />numbers 02CV03 (Gray I) and 04CV95 (Gray [I), Montrose Coin ~~a.e't~,~,z~;n° an~6anyMDT <br />appeal rights associated with such civil actions. in consideratior3~f1E1v8'hankt>~lyencAtaiddash$t forth <br />below, the parties agree as follows. <br />1. The parties have authorized their respective attorneys to execute this agreement on their <br />behalf. The attorneys shall, within 2 days, obtain the clients' respective signatures to amlirm <br />their attorney's authority to sign this agreement on their behalf. <br />2. Settlement of Grav 1. <br />2.1: fhe small tract of land awarded to Lazy A in Gray one (located west of Kinikin Road <br />and in the vicinity of the "Green Gate") will be conveyed by quitclaim deed from Lazy A to <br />Gray, and which decd Gray shall also execute as to the covenant described below. hr the area <br />between ] 00 leet north of the green gate and 100' south of the 4"' gate, as described in prior court <br />orders; Lazy A agrees that it does not own any property West of the centerline of Kinikin Road, <br />and Gray agrees that he does not own any property Earl of the centerline of Kinikin Road. As <br />to the halanee of the common boundary between the parties' properties, this settlement shall have <br />no effect on the respective ownership rights of the parties. The quitclaim deed shat l contain a <br />covenant restricting Gray's use of the Green Gate to agricultural and/or f field access, with no <br />right to use the Green Gate for a commercial access point. This covenant shall run with the land <br />and burden the Gray land and benefit the Lazy A land and shall continue until Lary A nn longer <br />owns the property located to the East of the Green Gate. <br />2.2 Gray 1 will be dismissed, with prejudice and the appeal dismissed. Fach party shall <br />be responsible iirr its own attorney lees and all costs. The present award of costs and the <br />injunction will be vacated. <br />2.:, The dismissal shall note that neither party is acknowledging any fault or liability. <br />Rather, the dismissal is prompted by the parties' mutual desire to end the uncertainty of the <br />appeal and to end the attorney lees. <br />3. Settlement of Grav II. <br />3. ]. In the area between 1 OO Jeet north of the green gate and 100' south of the 4th gate, as <br />described in prior court orders, Lazy A agrees that it does not own any property West ol'the <br />centerline of Kinikin Road, and Gray agrees that he does not own any property East of the <br />centerline of Kinikin Road. As to the balance of the common boundary between the parties' <br />properties, this settlement shall have no effect on the respective ownership rights of the parties. <br />3.2. Except to the extent set forth in section 3.3, Lazy A will not challenge Crray's right to <br />access Kinikin Road at the location of the 4'h Gate, recognizing that Gray's East bomrdaty is the <br />ecnterline.of the Kinikin Road easement. However, Lazy A shall have the right, in its sole <br />r~~r <br />