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DRAFT #3 (2/18/08)-- For Review and Comment. <br />GRANT OF PERPETUAL CONSERVATION EASEMENT <br />THIS GRANT OF PERPETUAL CONSERVATION EASMENT ("Easement") is made <br />this day of , 2008 by and between its successors and <br />assigns ("Grantor") and the La Plata Water Conservancy District, a quasi-municipal <br />entity and political subdivision of the State of Colorado ("Grantee") ("District"). <br />RECITALS <br />WHEREAS, Grantor is the record owner of the surface estate of certain real property <br />located in La Plata County, Colorado described in Exhibit A attached hereto ("Mitigation <br />Property") and; <br />WHEREAS, the District is a quasi-municipal entity and political subdivision of the State <br />of Colorado with the power of eminent domain and dominant eminent domain which is <br />authorized to hold conservation easements in gross pursuant to C.R.S. 38-30.5-104(2); <br />and <br />WHEREAS, the United States Army Corps of Engineers within the United States <br />Department of the Army ("Corps") is authorized to administer Section 404 of the Federal <br />Clean Water Act and other laws and regulations; and <br />WHEREAS, this Easement provides conservation measures and allows for mitigation of <br />certain impacts to wetlands and other "waters of the US" located in La Plata County, <br />Colorado, described in that certain U.S. Army Corps of Engineers Permit Number , <br />dated , ("404 Permit") and is being conveyed under threat of condemnation in <br />order to enable the District to undertake the construction and operation of Long Hollow <br />Reservoir; and <br />WHEREAS, the Mitigation Property currently possesses and may be further enhanced to <br />offer significant ecological and habitat values ("Conservation Values") including <br />wetlands, adjacent uplands, and their associated plant communities with the potential to <br />be expanded to offer additional high quality wetlands acreage. <br />WHEREAS, the wetlands to be constructed on the property will be jurisdictional and <br />subject to regulation under Section 404 of the Clean Water Act (33 USC 1344). <br />WHEREAS, Grantor intends to convey to the District the right to preserve, protect, <br />restore, and enhance the Conservation Values of the Mitigation Property. <br />WHEREAS, the District by accepting the terms of this Easement agrees to preserve and <br />protect in perpetuity the Conservation Values of the Mitigation Property consistent with <br />the terms of the 404 Permit.