1984-07-27_REPORT - M1978352

• Permit No: M1978352
• IBM Index Class Name: Report
• Doc Date: 7/27/1984
• Doc Name: SPECIFIC PERFORMANCE CONTRACT
• Permit Index Doc Type: ANNUAL FEE / REPORT
• Media Type: D
• Archive: No

' RESTRICTIVE COVENANTS
1. The parties to this agreement are:
(a) EAGLE RANCH COMPANY, a Colorado limited partnership, and
THE BRUSH CREEK & EAGLE RIVER COMPANY, a Colorado limited partnershi.), herein-
after designated parties of the first part; and
(b) NOTTINGHAM SAND AND GRAVEL CMPANY, a Colorado corporation.,
whose legal address is Post Office Box B, Avon, County of Eagle and State of
Colorado, party of the first part;
2. Party of the second part hereby covenants with parties of the first
part and their successors and assigns that:
3. It is understood and agreed that this conveyance is made and
accepted, and the realty, as is more particularly described in Exhibit A
attached hereto and by this reference incorporated herein, the property is
hereby granted, on and subject to the following conditions, restrictions and
reservations (in addition to any hereinabove or hereinafter mentioned) , which
covenants, conditions, restrictions and reservations shall apply to and run
with the conveyed land.
4. Should any mortgage or deed of trust be foreclosed on the parcels
of property to which this instrument refers, then the title acquired by such
foreclosure, and the person or persons who thereupon and thereafter become the
owner or owners of such property, shall be subject to and bound by all the
restrictions set forth herein.
5. The purpose of these restrictions is to insure that the use of
the conveyed property will not allow swimmers, bathers, raftsmen or fishermen
access to the Eagle lCiver or permit discharge of water into the Eagle River when
such discharge of water would, because of temperature or impurity, be
destructive or harmful to the Eagle River biota. As used herein, the term
"Eagle River" shall refer to that Eagle River which is located in Eagle County,
Colorado.
6. The property shall not be used to allow fishermen or anglers
access to the Eagle River for fishing or angling, nor shall the property be used
to allow the launching of boats or any other type of water craft into the Eagle
River. The property shall at all times be posted "No Fishing."
J. The property, together with the easoments appurtenant thereto,
shall not be used to discharge or to allow the discharge of water into the river
if the water at the time of discharge would by reason of temperature or
impurity pollute the Eagle River and damage or destroy Cho biota therein or
a'-ter the ecological balance of the river. Natural runoff from rain and snow
malt are excepted from these provisions.
8. Any further limiting restriction on the use of the conveyed
parcels which is presently imposed under the Zoning Resolution of Eagle County,
Colorado is incorporated by reference herein and made a restrictive covenant
hereunder.
9. If any term or condition herein is deemed by a court of competent
jurisdiction to be unlawful or unenforceable, such a finding shall not be
deemed to affect the remaining terms and conditions herein.
10. The parties of the first part or their assigns shall have the
right to enforce the covenants herein in an action at law or in equity.
11. Waiver of parties of the first part or their assigns to enforce
any provision of these covenants shall not be deemed a waiver for future