2013-01-25_REPORT - M1992069

• Permit No: M1992069
• IBM Index Class Name: REPORT
• Doc Date: 1/25/2013
• Doc Name: ANNUAL FEE/REPORT
• From: OPERATOR
• To: DRMS
• Email Name: PSH
• Media Type: D
• Archive: No

3851963 Pages: 1 of 15
06/12/2012 10 :02 AM R Fee:$81.00
Steve Moreno, Clerk and Recorder. Weld County, Co
1111 II i.1 1181
DECLARATION OF RESTRICTIONS
THIS DECLARATION OF RESTRICTIONS ( "Declaration ") is made as of
e �., / 11...7 — , 2012 (the "Effective Date "), by, 83 JOINT VENTURES, LLC, a
Colorado limited liability company, (hereinafter referred to as "Declarant ").
WHEREAS, Declarant is the owner of real property located in Section 35,
Township 6 North, Range 66 West of the Sixth Principle Meridian, County of Weld County,
State of Colorado, which includes area more particularly described in Exhibit "A" attached
hereto and incorporated by this reference which constitutes the "Preserve Area";
WHEREAS, on April 6, 1994, the Department of Army Corps of Engineers (the "Corns ")
issued Declarant Section 404 Permit No. 199280589 (the "Section 404 Permit ") to excavate and
place fill material into 13.6 acres of wetlands deemed to be jurisdictional under the federal Clean
Water Act, 33 U.S.C. § 1344;
WHEREAS, the Section 404 Permit required that Declarant provide 18.9 acres of
'wetlands to compensate for and mitigate the 13.6 acre impact to jurisdictional wetlands pursuant
to a mitigation plan the Corps approved as a condition of the Section 404 Permit;
WHEREAS, the Preserve Area consists of the 18.9 acres of constructed mitigation
wetland areas;
WHEREAS, the Section 404 Permit, as modified by the Corps by letter dated March 12,
2012, requires that, in satisfaction of meeting the mitigation requirements and before release of
all mitigation area monitoring and reporting requirements imposed by the Section 404 Permit,
Declarant shall ensure that the Preserve Area be protected in perpetuity to retain and maintain the
18.9 acres of constructed mitigation wetland areas in the Preserve Area as it exists at the time of
execution of this Declaration;
WHEREAS, this Declaration is intended to implement the provisions of the modified
Section 404 Permit requiring a binding covenant running with the land, but shall not be construed
to impose restrictions in addition to those provided for in the Section 404 Permit.
NOW THEREFORE, Declarant declares as follows:
1. Covenant Running with Land. In consideration of the benefits obtained by
Declarant from the Section 404 Permit, and other valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the Declarant does hereby covenant and agree to
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