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T ,. DECLARATION Ol~ C~LAn~I't'FNAN~€COVENANT FOR AQUIFER RECHARGE SYSTEM ~~~ This Declaration of Msi~rr.,g"rx Covettaat for Aquifer Recharge System (Ihe "Declaration") is made as of , 1999 by CWH Properties LLC, a Colorado limited liability company (the "Declarant"). Reci A. Declarant owns the real property dcsaibed on Exhibit A, attached and incorporated by reference (the "CWH Propetty'~. B. The CWH Property will be minim for sand and gravel. In connection with the mining operations, Declarant will cause to be construclcd two aquifer recharge ponds along the south boundary of the CWH Property, two gates/valves along the south edge of the westerly recharge pond, a culvert and gate between the two panda, a groundwater collection trench along the mrth boundary of the CWH Property, a culvert and gate at the cast cnci of the north trench, a culvert end gate az the west end of the north trench, a groundwattr collection trench slang the west boundary of the CWH Property and five (5) picmmeter-type monitoring wells (which arc curt+ently existing). The foregoing improvements are wllcctively referred to aS the "Rechazge System." The Rechazge System is depicted on the map attached as Exhibit B and incorporated by refetrrtce. The Recharge System specifically excludes the pipes and culverts extending south from the gatcslvalves located on the south side of the westerly recharge pond. C. The purpose of the Recharge System ix W recharge the Valley }'ill Aquifer (the "Aquifer') by directing groundwater intercepted in dte trench on the north side of the CWH Property along the trench on the well side of the CWH Property inW the recharge ponds and back into the Ayuifu on the south side of the CWH Property. D. As used in this Declazation the trnn "(timer" refers W Declarant, its successors and assigns, and specifically to all persons or entities, individually or jointly, who own fee simple title to the CWH Property. The term "Owner' does not include any person or entity having an interest in the CWH Property solely as security for an obligation. Article 1-Declaration aad SnDmtasion Declarant declares that the CWH Property shall be held, sold and conveyed subject to the following maintenance covenant, which shall run with the land and bt binding on all parties and heirs, successors and assigns of parties having any right, title or interest in all or any part of the CWH Property.