WHEN RECORDED, MAIL TO: "''L f

ARCO

Rocky Mountain Environmental Remedial

555 Seventeenth Street

Denver, CO 80202

ATTN: Coordinator, Land Services

CONSERVATION EASEMENT SDMS Document ID

Illl HIM Hill lll» "III II"" >

2022313

For and in consideration of good and valuable consideration, the receipt

and sufficiency of which is hereby acknowledged, this Conservation Easement (the.

"Easement") is'granted and effective this ^fc^ day of fj/bd. . 1994, by

the Atlantic Richfield Company, a Delaware Corporation ("Grantor" ) to the State qf^

Utah, acting through its Division of Wildlife Resources (the "Division"), for certain^

real property located in Tooele County, Utah as more particularly described on the^

attached Exhibit A, whift-h is incorporated herein by this reference (the "Property"). J

Grantor represents that/it possesses sufficient ownership interest in the property to

grant the rights conveyed by this Easement. Grantor makes no other warranties or

representations of any nature as to its right, title or interest in the Property. Further

this Easement only grants rights in the Property to the extent of Grantor's interest in

the Property.

The grant of this Easement is subject to all of the following terms, conditions and

agreements.

RECITALS

A. The Division is an agency of the State of Utah and is qualified under

Section 57-1S-3 of the Utah Code Annoted and Section 170(h) of the Internal Revenue

Code to receive conservation easements for the purpose of the preservation,

protection, or enhancement of land in its natural, scenic, or open space condition.

B. The Property possesses certain wildlife, natural, scenic, open space, and

educational values (collectively, "conservation values") of great importance to the

Division, the people of Tooele County, and the people of the State of Utah.

C. Grantor intends that the conservation values of the Property be

preserved and maintained by the continuation of land use patterns, including,

without limitation, those existing at the time of the recording of this Easement, that

do not significantly impair or interfere with the conservation values or otherwise

-•-disturb-'the surface of the Property.

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D. Grantor further intends, by the recording of this Easement, to preserve

and protect the conservation values of the Property in perpetuity.

IN CONSIDERATION of and subject the covenants, terms, conditions, and

restrictions contained herein, Grantor does hereby grant and convey unto the

Division, its successors and assigns, in perpetuity, a conservation easement (the

"Easement") over and across all of the Property to preserve and protect the wildlife,

natural, scenic, open space, and educational values present on the Property, thereby

restricting and limiting the uses of the Property in certain respects, and reserving

unto Grantor, its successors and assigns forever, fee title to the Property and all

incidents of ownership thereof other than the Easement.

1. Purpose. The purpose of this Easement is to assure that the Property

will be retained forever in its natural, scenic and open space condition and to

prevent any use of the Property that will significantly impair or interfere with the

wildlife habitat or other conservation values of the Property. Subject to the retained

right of Grantor to engage in certain environmental remediation and other activities

specifically reserved herein, the use of the Property shall be limited to such activities

as are consistent with the purpose of this Easement.

2. Rights and Obligations of the Division. To accomplish the purpose

of this Easement, the following rights are granted to and the following obligations

are accepted by the Division:

(a) To preserve and protect the conservation values of the Property;

(b) To refrain from and to enjoin any third party activity on or use

of the Property that is inconsistent with the purpose and permitted uses of this

Easement or which otherwise may be reasonably expected to have a significant

adverse impact on the Property, including its conservation values;

(c) To maintain and restore fencing, signs and other improvements

or areas of the Property that may be damaged as a result of activities under this

Easement or otherwise by the Division or any third person (Grantor has agreed with

the Division to repair or replace currently damaged fencing and to initially provide

and install appropriate signage on the Property at Grantor's sole cost) and

(d) To promptly report to Grantor any unusual activity on the

Property.
(e) To do all in its power to prevent and suppress fires on or in the

vicinity of the Property; to report promptly all fires it may discover which it cannot

suppress and to place itself, its employees and transportation at the disposal of any

authorized official for the purpose of safely fighting such fires.

3. Permitted Uses of Easement. The following uses and practices,

though not an exhaustive recital of consistent uses and practices, are permitted uses

of the Easement, provided that each such use or practice is effected in a manner that

is consistent with the purpose and uses of the Easement as specified herein:

(a) Management of the property for wildlife purposes including

conservation, propagation, habitat improvement and wildlife viewing;

(b) Public use of the property for education, recreation and hunting;

(c) Trapping by the Division for wildlife management purposes,

including predator control and relocation.

4. Prohibition of Transfers and Certain Uses Pursuant to the Easement

Any activity or use of the Property inconsistent with the purpose of this Easement is

prohibited. Without limiting the generality of the foregoing, the following activities

and uses are expressly prohibited:

(a) Transfer or assignment of the Easement or any rights or

obligations related thereto is prohibited without the prior written consent of Grantor;

(b) Division, subdivision or de facto subdivision (through gift, sale,

lease or otherwise) of any parcel of the Property is prohibited;

(c) Drilling and exploration for and extraction of oil and gas or

other minerals from any site on the Property is prohibited;

(d) Construction or location of any structure or other improvement is

prohibited, except for structures or improvements which are reasonably appropriate

to a use permitted under this Easement;

(e) Filling, excavating, dredging, mining, removal of top soil, sand,

gravel, rock, or other materials on or below the surface or any other change in the

topography of the Property is prohibited except that the Division may, upon mutual

written agreement with Grantor, install water catchment basins .or "guzzlers"

(artificial water impoundment areas installed on top of the surface of the Property) at

locations mutually agreeable to both parries. It is hereby agreed that no excavation
•&*

or recountouring of capped areas may be conducted in the installation of such water

catchment basins;

(f) Placement, dumping, disposal or storage of ashes, trash, garbage,

junk, or any other material is prohibited;

(g) Motor vehicle traffic, including all terrain and other recreational

vehicles, except those necessary to carry out the purposes of this conveyance (weed

control seeding, etc.), shall be limited to presently designated roadways, as shown

on the attached Exhibit B, which is incorporated herein by this reference;

(h) Public access to the property, including remediated areas, shall

be prohibited or otherwise regulated to ensure that the integrity of such remediated

areas remains undisturbed;

(i) The drilling or digging of new wells, for water or any other

resource is prohibited. Grantor shall have sole access to and use of any existing

wells. The Division may, upon mutual written agreement with Grantor, install

water catchment basins or "guzzlers" (artificial water impoundment areas installed

on top of the surface of the Property) at locations mutually agreeable to both parties.

It is hereby agreed that no excavation or recountouring of capped areas may be

conducted in the installation of such water catchment basins;

(j) Any commercial or private agricultural use is prohibited. Upon

written consent of Grantor, limited agricultural activities for the purpose of

enhancing wildlife forage may be conducted by the Division;

(k) Any industrial use is prohibited;

(1) Burning of any material or vegetation is prohibited, except that

control burns for the purpose of habitat development may be allowed, with

Grantor's prior written consent and in strict accordance with all applicable laws and

regulations pertaining to open fires

(m) Swimming in ponds or other waterbodies upon the Property is

prohibited;

(n) All other uses and practices inconsistent with and significantly

detrimental to the stated objectives and purpose of this Easement are prohibited.

5. Easement Subject to Grantors Rights and Existing Uses.
Grantor hereby specifically reserves the right

(a) To enter upon the Property at any time to inspect, maintain and

enforce, through any form of relief available under law, the rights, obligations and

prohibitions hereunder in a manner that will not unreasonably interfere with the

proper uses being made of.the Property; and-

(b) To enter upon the Property conduct activities related to

maintenance, monitoring and evaluation of the Property, including maintenance of

the completed reclamation work, additional reclamation work, and any

environmental remediation , including, without limitation, excavation and removal

of soils or other materials, monitoring and sampling of environmental media and

conducting other information gathering activities such as field investigation, data

collection, installation of monitoring wells and soil borings, surface water and

groundwater sampling, surveys, testing and periodic monitoring, operations and

maintenance, and post remedial studies.

(c) This Easement is further subject to all existing uses of the

Property including uses pursuant to the following agreements:

(i) That Lease Agreement dated May 23, 1991, whereby

Atlantic Richfield Company has granted to Tooele Gun Club a ninety-nine

year lease covering a portion of the Property for use as a gun club;

(ii) A Lease dated February 5, 1992, whereby Atlantic

Richfield Company has granted to the City of Tooele, Utah a ninety-nine

year lease covering a portion of the Property for the purpose of a police

pistol range; and

(iii) A Grazing Lease and associated Work Agreement made

effective February 14, 1992 and which will terminate no later than

February 15, 1997, whereby Gus and Louis Buzianis, dba G & L Ranch

("Lessees"), have agreed to perform certain work upon the Property and

Grantor has granted to Lessees certain grazing rights upon the Property.

6. Indemnification

(a) By Grantor. Grantor shall defend, indemnify and hold harmless

the Division, including its representatives, from all claims, causes of action,

demands, damages, liabilities, losses, penalties, fines, costs and expenses ("Claims")

arising out of any governmental enforcement action resulting from an environmental

condition existing on, about or related to the Property that is the result of the mining

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•>J

related activities of Grantor ("Preexisting Environmental Condition"), except to the j

extent that such Claims result from: 1) development of or activities undertaken on ~3

the Property by the Division that are not in accordance with this Easement, including N^

any exacerbation of or contribution to a Preexisting Condition; 2) any material i

breach of any representation or obligation made in this Easement by the Division to ^

or in favor of Grantor; 3) the Division's interference with or failure to permit access

or use by Grantor as described in this Easement; and 4) any negligent or willful ^

misconduct on the part of the Division. The Division shall have the right at its sole IN

expense to join in the defense of any action to which it is a defendant

(b) Bv Division. . The Division shall defend, indemnify and hold

harmless Grantor, including its representatives, from all Claims arising out of any

activities of the Division on, about or related to the Property, except to the extent that

such Claims result from: 1) development of or activities undertaken on the Property

by Grantor which are not in accordance with this Easement, including any

exacerbation of or contribution to Preexisting Condition; 2) any material breach of

any representation or obligation made in this Easement by Grantor to or in favor of

the Division; 3) Grantor's interference with or failure to permit access or use by the

Division as described in this Easement; and 4) any negligent or willful misconduct

on the part of Grantor. Grantor shall have the right at its sole expense to join in the

defense of any action to which it is a defendant

7. Annual Meetings. Grantor and the Division agree to meet annually on

or about the anniversary date hereof during the first five (5) years following

execution of this Easement The purpose of such annual meetings shall be to discuss

plans which the Division may propose which require Grantor's review or consent, in

accordance with the terms of this agreement; or to address any item of concern to

either party. The annual meeting may be waived upon mutual written agreement.

After five (5) years, the parties shall review the concept of annual meetings and

determine whether to continue to meet and, if so, the frequency of such meetings .

8. Payment of Taxes. Grantor, its successors or assigns, shall pay all

real property taxes and assessments properly levied on the Property by competent

authorities, except to the extent additional taxes or assessments are levied as a result

of the Easement

9. Termination of the Easement. The term of this Easement shall be

perpetual. The fact that the Division may at some future date acquire fee title to the

Property shall not cause a termination of this Easement by operation of the doctrine

of merger or otherwise. The Division shall not voluntarily or willingly allow the

termination of any of the restrictions of this instrument, and if any or all of the

restrictions of the Easement are nevertheless terminated by a judicial or other
governmental proceeding, any and all compensation received by the Division as a

result of the termination shall be used by the Division in a manner consistent with

the conservation purpose of the Easement.

10. Notice. All notices, consents, approvals, or other communications

hereunder shall be in writing and shall be deemed properly given if sent by United

States certified mail, return receipt requested, addressed to the party for which it is

intended at the respective address set forth below or such other addresses as the

parties may indicate in writing:

ARCO

Rocky Mountain Environmental Remediation

555 Seventeenth Street

Denver, CO 80202

ATTN: Coordinator, Land Services

Utah Division of Wildlife Resources

1596 West North Temple

Salt Lake City, Utah 84116

ATTN: Chief, Habitat Section

11. Recordation. Grantor shall record this instrument in timely fashion

in the official records of Tooele County, Utah and may re-record it at any time.

12. General Provisions.

(a) Controlling Law. This Easement shall be construed in

accordance with the laws of the State of Utah.

(b) Construction. Any general rule of construction to the

contrary notwithstanding, this Easement shall be liberally construed in favor of this

Easement to effect the purpose of this Easement and the policy and purpose of Utah

Code Ann. § 57-18-1 et seq. and related provisions. If any provision in this

instrument is found to be ambiguous, an interpretation consistent with the purpose

of this Easement that would render the provision valid shall be favored over any

interpretation that would render it invalid.

(c) Severabilitv. If any provision of this Easement, or the

application thereof to any person or circumstance, is found to be invalid, the

remainder of the provisions of this Easement, or the application of such provision to

persons or circumstances other than those as to which it is found to be invalid, as the

case may be, shall not be affected thereby.
(d) Successors. The covenants, terms, conditions, Easement and

restrictions of this Easement are intended to be a burden upon and shall run with the

Property in perpetuity. Each and every one of the benefits and burdens of this

Easement shall be binding upon, and inure to the benefit of, the Division and

Grantor, their respective successors, and assigns forever.

(e) Headings. The headings in this instrument have been

inserted solely for convenience of reference and are not a part of this instrument and

shall have no effect upon construction or interpretation.

IN WITNESS WHEREOF the parties have executed this instrument on the

day and year first written above through the duly authorized representatives named

below.

GRANTOR:

ATLANTIC RICHFIELD COMPANY, a Delaware Corporation

By Mi</hael 6'Donnell

Its Attornev-in-ract

STATE OF UTAH, acting through its

DIVISION OF WILDLIFE RESOURCES, an agency of the

State of Utah

By7 Robert G. Valentine

Its Director
* :

STATE OF COLORADO

COUNTY OF DENVER )

of

- The foregoing instrument was acknowledged before me on the ~ ff-^ day

/ ?;>? i L _ ., 1994, by Michael O'Donnell, the Attorney-in-Fact of

Atlah'HC'.Richfield Company on behalf of said corporation.

&

My (?ornmission Expires:

Public^

Residing at

V

TS-M Co

STATE OF UTAH

COUNTY OF

of

The foregoing instrument was acknowledged before me on the // day

, 1994, by Robert G. Valentine, the Director of the Utah

Division of Wildlife Resources on behalf of said organization.

NOTARY PUBLIC

 ;

DENISEL. BLAYLOCK,

STATE OF UTAH

v_uuiiisszon £.xpires'

/ko^cY &lr,«&cA

Notary Public

at
EXHIBIT A

PROPERTY DESCRIPTION

The following described real property located in the County of Tooele,

State of Utah:

Township 3 South, Range 3 West, Salt Lake Meridian

Section 7: Lot 4, SESW, S/2SE, S/2NESE

3- Z-L>

Section 18: All 3- 3~Z

Section 19: Lots 1-4, E/2W/2, NE, N/2SE 3~3~3

Section 30: Lot 5 3-V-S~

Township 3 South, Range 4 West, Salt Lake Meridian

Section 12: SE 3- l?~to

Section 13: E/2, E/2SW, SWSW and a tract beginning at the

northeast corner of the NWSW, thence south 1320

feet, thence west 1320 feet, thence north 1095 feet

thence east 750 feet, thence north 225 feet, thence

east 570 feet to the point of beginning.

J-/9-?

3-S9-3

Section 14: S/2SW, SWSE 3-44-/

Section 23: NESE;

ALSO a tract in S/2NW beginning at the southeast

corner of the northwest quarter of Section 23, thence

north 937.0 feet along the quarter section line, thence

3~3I-/Q southwesterly along the south line of the highway

1716.0 feet, thence east along the south line of the

northwest quarter 1518.0 feet to point of beginning;

ALSO a tract beginning at the northwest corner of

Section 23, thence south 82.5 feet, thence east 1980

J. Jl -1 feet, thence south 594 feet, thence east 1633.5 feet,

thence southwesterly 907.5 feet to a point on the

east-west quarter quarter line, thence west 330 feet,

thence south 1320 feet, thence east 1320 feet, thence
north 2640 feet, thence west 3960 feet to point of

beginning;

ALSO E/2NE less and except: a tract beginning at a

point S89°25'W of the northeast corner of Section 23,

6 thence S89°25'W 293.75 feet, thence SO°46'E 331.5

3'31' feet, thence N43°55'E-281 feet, thence N3S°51'E 162

feet to point of beginning;

ALSO a tract beginning at a point which is 50 feet

north and 626.11 feet east of southwest corner of

NESW, Section 23, thence north 282 feet, thence east

3-3/-i> 2006.34 feet, thence south 283.18 feet, thence west

2006.34 feet to point of beginning;

ALSO a tract beginning at a point 503 feet south and

52.61 feet east of the west quarter corner of Section

Q-3Z-1

 23

»

 thence south 359.36 feet, thence east 300.18 feet,

6

 thence N51°32'E 1271.33 feet, thence N59°47'E

172.81 feet to east-west centerline of Section 23,

thence west 626.3 feet, thence S60°25'13"west 960.45

feet to point of beginning.

Section 24: Lot 1, NW, N/2NE, SWSE, SESW, S/2NE, N/2S/2,

3-33-1 less and except a 100 foot wide strip for highway;

and also any other real property which Atlantic Richfield Company

may own, but which is not specifically herein described, located in

the County of Tooele, State of Utah, Township 3 South, Range 3

West, Sections 7, 18, 19 and 30 and Township 3 South, Range 4

West, Sections 12, 13, 14, 23 and 24; all subject to any and all

easements and rights-of-way granted prior to this Conservation

Easement.