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: 2 of 15
06/12/2012 10:02 AM R Fee:$81.00
Steve Moreno, Clerk and Recorder, Weld County, CO
■III1APPAY:1471:1Kalf IOVIWOCIIth,14, 11111
restrict, and does by this instrument intend to restrict the future use of the Preserve Area as set
forth in Paragraph 2 below, by the establishment of this covenant running with the land.
2. Restrictions Concerning the Preserve Area. The 18.9 acres of wetland areas
constructed as compensatory mitigation under the Section 404 Permit shall not be made the
subject of a future application to the Corps for either a General or Individual permit for fill or
other development, excepting any activity related to enhancing or restoring the mitigation
wetlands associated with the authorized project. No person shall engage in any of the following
restricted activities in the Preserve Area, excepting those actions necessary to preserve, maintain
(including, but not limited to weed control), repair, accomplish fire prevention, and enhance the
Preserve Area:
(a) the construction or placing of buildings, roads, signs, billboards or other
advertising, utilities or other structures above the ground;
(b) the dumping or placing of soil or other substances or other material as
landfill, or dumping or placing of trash or waste;
(c) the removal or destruction of trees, shrubs or other vegetation within the
Preserve Area that is not related to the preservation, maintenance or
enhancement of the Preserve Area
(d) the excavation, dredging or removal of loam, peat, gravel, soil, rock or
other material or substance in such a manner so as to affect the surface that
is not related to the preservation, maintenance or enhancement of the
Preserve Area;
(e) the use of the surface for purposes that are inconsistent with the
preservation, maintenance or enhancement of the Preserve Area; and
(f) activities detrimental to flood control, water conservation, erosion control,
soil conservation and fish and wildlife habitat.
3. Not An Offer to Dedicate: No Rights of Public Use. This Declaration does not
constitute an offer for public use or establish any third party beneficiaries. This Declaration does
not constitute an irrevocable offer to dedicate any portion of the Preserve Area or any portion of
or all of any other real property located contiguous with or adjacent to the Preserve Area owned
by Declarant.
4. Successors and Assigns Bound. Declarant hereby agrees and acknowledges that
the Preserve Area shall be held, sold, conveyed, owned and used subject to the applicable terms,
conditions and obligations imposed by this Declaration relating to the use, repair, maintenance
and/or improvement of the Preserve Area. Such terms, conditions and obligations are a burden
and restriction on the use of the Preserve Area. The provisions of this Declaration shall (subject
to the limitations contained herein and without modifying its nmvisionsl be enforceable as
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