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STATE OF COLORADO <br />COUNTY OF MOFFAT <br />) <br />) <br />) <br />DECLARATION OF RESTRICTIVE COVENANTS <br />ELAM CONSTRUCTION, INC. [(DECLARANT)] MAKES THIS DECLARATION OF RESTRICTIVE <br />COVENANTS THIS DAY OF , 20 . <br />RECITALS <br />WHEREAS, Declarant owns real property in Moffat County, Colorado, on which gravel, sand and <br />aggregate materials have been mined, stored and transported, a small portion of which real <br />property is more particularly described in Exhibit A, attached hereto, and made a part hereof <br />(Exhibit A being for all purposes herein the "Property"); and <br />WHEREAS , it is the specific intent of the Declarant that this Declaration of Restrictive Covenants <br />apply only to the Property described in Exhibit A and no other part of the Declarant's real <br />property; and <br />WHEREAS, Declarant desires to create and maintain the wetland character of the Property by <br />limiting opportunities for commercial development and uses, except as appropriate for the <br />development and maintenance of wetland and aquatic habitat and except as required in the <br />development, exercise and maintenance of any and all water rights, now decreed or otherwise <br />and all associated ditches and structures used in connection with said water rights; and <br />WHEREAS, the Property will serve as compensatory mitigation under Federal law as approved by <br />the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers, Sacramento <br />District, and the Declarant has agreed to place certain Restrictive Covenants on the Property, and <br />only on the Property, in order that the Property shall remain substantially in its reclaimed <br />condition forever except as provided otherwise herein. <br />NOW THEREFORE, Declarant hereby declares that the Property, and only the Property, shall be <br />held, transferred, conveyed, leased, occupied or otherwise disposed of and used subject to the <br />following Restrictive Covenants, which shall run with the Property and be binding on all <br />successors, assigns, lessees, or other occupiers and users. <br />A. PURPOSE. It is the purpose of these Restrictive Covenants to preserve and protect, in <br />perpetuity, the natural, ecological, wildlife habitat, scenic, open space, and aesthetic features and <br />values of the Property. In furtherance of the foregoing objective, these Restrictive Covenants <br />identify certain uses of the Property which are consistent or inconsistent with such objective and <br />which are therefore allowed or prohibited. Reserved Rights as identified below are illustrative <br />only and are not intended to be limiting. <br />1. Prohibited Uses and Practices on the Property ("Restrictions"). The following <br />uses and practices are inconsistent with the purposes of these Restrictive Covenants, and <br />shall be prohibited on the Property: <br />WestWater Engineering APPENDIX B - 1 July 2012 <br />