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05-08-2008 EAST WEST RESORT DEVELOPMENT SPECIAL WARRANTY DEED FOR TRACT ATown of Avon Town Clerk PO Box 975 Avon, CO 81620 jqV 0 N- 970-748-4035 C o L o R A D o fax 970-949-9139 TO: Eagle County Clerk & Recorder FROM: Patty McKenny, Town Clerk, Avon RE: Please record the enclosed documents. DATE 5/8/2008 Date Submitted Documents to RECORD # OF PAGES Rate Total 5/8/2008 Special Warranty Deed for Tract A 1 6.00 6.00 1 5.00 5.00 TOTAL $ 11.00 Please provide a receipt in this amount. Please return these documents to: Patty McKenny, Avon Town Clerk at PO Box 975 Avon, CO 81620 SPECIAL WARRANTY DEED THIS DEED is dated , 2008 and is made between EAST WEST RESORT DEVELOPMENT XIV, L.P., L.L.L.P. a Delaware limited partnership registered as a limited liability limited partnership, the "Grantor", of the County of Eagle and State of Colorado, and TOWN OF AVON, a municipal corporation of the State of Colorado, the "Grantee," whose legal address is P.O. Box 975, Avon, CO. 81632 of the County of Eagle and State of Colorado. WITNESS, that the Grantor, for and in consideration of the sum of Ten Dollars and other good and valuable consideration, 10.00), the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantee and the Grantee's heirs and assigns forever, all the real property, together with any improvements thereon, located in the County of Eagle and State of Colorado, described as follows: Tract A, Riverfront Subdivision, according to the Final Plat recorded on June 15, 2006 at Reception Number 200615950, County of Eagle, State of Colorado ("Tract A") TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee and the Grantee's heirs and assigns forever. The Grantor, for the Grantor and the Grantor's heirs and assigns, does covenant and agree that the Grantor shall and will WARRANT AND FOREVER DEFEND the above described premises, but not any adjoining vacated street or alley, if any, in the quiet and peaceable possession of the Grantee and the heirs and assigns of the Grantee, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor except and subject to: ❑ none; or ® the following matters: TRACT A IS HEREBY DEDICATED TO THE PUBLIC FOREVER AND SHALL NOT HEREAFTER BE CONVEYED IN WHOLE OR IN PART TO ANY PARTY BUT SHALL REMAIN THE PROPERTY OF GRANTEE. GRANTEE SHALL HOLD TRACT A ONLY AND SOLELY AS OPEN SPACE, LIMITING IT TO PUBLIC OWNERSHIP FOREVER IN ITS SCENIC AND OPEN SPACE CONDITION AND USED SOLELY AS A RECREATION AREA FOR THE ENJOYMENT OF THE PUBLIC, INCLUDING SPECTATOR EVENTS, AND PROHIBITING USES AND OTHER ACTIVITIES OR DEVELOPMENT INCONSISTENT WITH THIS PURPOSE AND THE RESIDENTIAL NATURE OF THE PROPERTY ADJACENT TO TRACT A. BY ACCEPTANCE OF THIS DEED, GRANTEE AGREES TO MONITOR AND POLICE THE ACTIVITIES WITHIN TRACT A AND THEIR COMPLIANCE WITH THESE DEED RESTRICTIONS. A PERPETUAL NON-EXCLUSIVE EASEMENT IS HEREBY GRANTED AND CONVEYED ON, OVER, ACROSS AND THROUGH TRACT A TO THE BENEFIT OF ]'HE OWNERS OF PROPERTY WITHIN RIVERFRONT SUBDIVISION (DEFINED AS ALL PROPERTIES SUBJECT TO, OR SUBSEQUENTLY CREATED FROM PROPERTY SUBJECT TO, THE FINAL PLAT, RIVERFRONT SUBDIVISION, RECORDED AT RECEPTION NO. 200615950, EAGLE COUNTY, COLORDO), AND THEIR GUESTS AND INVITEES, FOR THE PURPOSES OF USE AND ENJOYMENT OF "TRACT A, SUBJECT TO THE FOREGOING DEED RESTRICTIONS AND THE REASONABLE REGULATIONS OF GRANTEE. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. EAST WEST RESORT DEVELOPMENT XIV, L.P., L.L.L.P., a Delaware limited partnership registered as a limited liability limited partnership By: HF Holding Corp., a Colorado corporation, general partner By: Name: , v Title: No. 16. Rev. 10-05. SPECIAL WARRANTY DEED (Page I of 2) STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) ~ `1;he foregoing instrument was ack owledgec~efore me his ~ day of /-1 2008 by LJ r7Ufut as [ Ge 2-2,D t of HF Holding Corp., a Colorado corporation, general partner of East West Resort Development XIV, L.P., L.L.L.P., a Delaware limited partnership registered as a limited liability limited partnership. W ~wN and official seal. I a - «-©Q Aa. / Cn Notary Public - 'L/ `d yo ;~~s 44- AGREED AND ACCEPTED THIS b DAY OF- 2008: TOWN OF AVON, a muni -poration of the State By: CN- • 2 Colorado Ronald C. Wolfe, Mayor STATE OF COLORADO ) ) ss. COUNTY OF EAGLE) Subscribed before me this low day of 4Ae 2008, by Ronald C. Wolfe as Mayor of Town of Avon, Colorado and Patty McKenny as Town Clerk of on. WITNESS my hand and official seal. My commission expires: to I $I aoo8' [SEAL] Nota Pu is Name and Address of Person Creating Newly Created Legal Description (538-35-106.5, C.R.S.) No. 16. Rev. 10-05. SPECIAL WARRANTY DEED (Page 2 01'2)