1984-07-27_REPORT - M1978352 - Laserfiche WebLink

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EXHIBIT B . • , RESTRICTIVE COVENANTS 1. The parties to this agreement are: (a) THE BRUSH CREEK S EAGLE RIVER COMPANY, a Colorado limited partnership, hereinafter designated party of the first part; and (b) NOTTINGHAM SAND AND GRAVEL COMPANY, a Colorado corporation, whose legal address is Post Office Box B, Avon, County of Eagle and State of Colorado, party of the second part. 2. Party of the second part hereby covenants with party of the first part and its successors and assigns that: 3. It is understood and agreed that this conveyance is made and accepted, and the property conveyed (the "Property") as is more particularly described in Exhibit A attached to the General Warranty Deed, and by this reference incorporated herein, 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 land 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 land , 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 River 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 other type of water craft into the Eagle River. The Property shall at all times be posted "No Fishing." No third party, billboards or advertising devices of any kind, except those used in the subsequent sale of the Property, no shacks, tents, solid waste dumps or collection of refuse or exposed sewage, shall be allowed on the Property. 7. The Property, together with the easements 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 the biota therein or alter the ecological balance of the river. Natural runoff from rain and snow melt are excepted from these provisions. 8. The Property shall not be used as a livestock feed lot or livestock feeding yard. 9. Any further limiting restriction on the use of the conveyed parcels which is presently imposed under the Zoning Resolution of Eagle County, Colorado, adopted by the Board of County Commissioners of Eagle County, Colorado September 16, 1974, is incorporated by reference herein and made a restrictive covenant hereunder. 10. 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 r,onditions herein.