1161231-R8SDMS 

Vivien Recorded Return To; 

Caii W. Barton 

•Holland&Hai-tLLP . 

60 East South Temple 

Suite 2000 

Salt Lake City, UT 84] ] 1 

With Copy To: 

Utali Department of Environmental Quality 

Division of Environmental Response and Remediation 

P.O. Box 144840 

Salt Lake City, Utali • 84114^4840 

With Copy To: 

Environmental Protection, Agency: 

Regional Institutional Control Coordinator, EPR-SR 

U.S. Environmental Protection Agency 

1595 Wyiikoop Sti-eet 

Denver, CO 80202 

Ent: 342948 - Pg 1 of 61 ./ 

Date: 6/14/2010 3:04 m 

Fee: *lt5.00 CREDIT CARD 

Filed By: LJ 

CALLEEN & PESHELL, RecoTder Tooele County Corpo-pation ' 

Fo-r: B & D TITLE 

ENVIRONMENTAL COVENANT 

This Emdronmental. Covenant ("Environmental Covenant") is entered into by ARCO'' 

Envirpnmental Remediation, L.L.C., a Delaware limited liability company ("AERL"), as Owner, 

and*^tlantic Richfield Company, a Delaware corporation ("Atlantic Richfield"), as Holder, as 

the terms Owner and Holder are described below, tli^^tah Department of. Em'ironmental 

Quality, a department of the State of Utah ("DEQ"), and theKJnited States Environmental 

Protection Agency, an agency of the United States of America ("EPA") (each a "Part}'" and 

collectively, the "Parties"), pursuant to Utah Code Ann. §§ 57-25-101 et seq. ("Act") and 

concerns the Property, as defined below. The DEQ and EPA each enter this Environmental 

Covenant in the capacity of an "Agencj'" as defined in the Act. The DEQ and EPA assume no 

affumative obligations through the execution of tlus Environmental Covenant. 

A. Recitals 

WHEREAS, this Environmental Covenant affects and relates to the Property, as defined 

herein; 

WHEREAS, Atlantic Richfield conducted certain clean-up. activities and made related 

improvements to the Property (collectively, the "Clean-up Work") pursuant to a Unilateral 

Administrative Order for Removal Activities (Docket No. CERCLA-08-2006-001.0)-(the 

"UAO") issued by EPA under Section 106(a) of the Comprehensive Environmental Response, 

Compensation, and Liabilitj' Act, as amended ("CERCLA")- The Clean-up Work is more 

particularly described on Exhibit "C" attached hereto. Additional information regarding the 

Property and the Clean-up Work may be found in the Health Department of Tooele County, 

-1 -

h 
Ent: 34E94S - Pg B of 61':^-

Utah, and in tlie AdministTative Record for the International Smelting and Refining Tooele NPL 

Site ("Site") located in tlie offices of EPA, Region Vlll located in Denver, Colorado; 

WHEREAS, EPA and Atiantic Richfield expect to enter into a Consent Decree in the 

future that will terminate the provisions of the UAO; 

WHEREAS, DEQ and EPA are the agencies with responsibihty to oversee the Clean-up 

Work on the Property; 

WHEREAS, the Clean-up Work is an "environmental response project," as defined by 

the Act; 

WHEREAS, as permitted.by the Act, Atlantic Richfield desires to subject the Property to 

the "Owner's Covenants Afiecting the Property," set foitii in Section 5(a) herein (collectively, 

the "Covenants"), for the purposes described herein, which Covenants shall burden the Property 

and bind Owner, its successors and assigns and any subsequent owners ofthe Property; 

WHEREAS, the Propertj' as defined below is subject to a perpetual conservation 

easement granted pursuant to that certain Conservation Easement recorded on December 27, 

1994 as Entry No. 070906 in Book 388 at Page 109-121 of the official records of the Tooele 

County Recorder, as amended, entered into by Atlantic Richfield Company and the State of Utah 

by and through its Division of Wildlife Resources (the "Easement"). 

WHEREAS, this Enviroiunental Covenant is executed and acknowledged for recording 

as an environmental covenant pursuant to the Act, 

NOW, THEREFORE, Atlantic Richfield hereby imposes the Covenants on the Property, 

and declares that the Property shall hereinafter be bound by, held, sold, and conveyed subject to 

the requirements, obhgations and restrictions set forth in this Environmental Covenant, which 

shall run with the Property in perpetuit}'^ and be binding on Atlantic Richfield and on its 

successors and assigns and any subsequent owners of all or any portion of or interest in the 

Property. Atiantic Richfield and all Transferees, as hereinafter defined, shall hereinafter be 

referred to in this Emdronmental Covenant as "Holder." 

B, (Covenant 

Now therefore, the Parties agree to the following: 

1. Environmental Covenant. This instrument is an environmental covenant developed and 

. executed pursuant to the Act. 

2. Propertv. TTiis Environmental Covenant concerns approximately 3,020 acres of certain 

real property owned by AERL,, which is more particularly described on Exhibit "A" hereto (the 

"Propert)'") and which forms a part of a larger ai-ea commonly known as the Site. 

3. Owner. AERL, whose mailing address is 515 South Flower Street, Los Angeles, 

• California 90071, is the Owner herein. For informational purposes, the Easement is attached to 

_ 9 . 
Ent: 34E946 -• Pg 3 of 61 "^ 

this Environmental Covenant as Exhibit "B". Consistent witli Section 6 of this Enviromnental 

Covenant, tlie obligations ofthe Owner are imposed on assigns, successors in interest, including 

without limitation, futm'e owners of an mterest in fee shnple, mortgagees, lenders, easement 

holders, lessees, and any other person or entity who acquires any interest whatsoever in tlie 

Property, or any poition thereof, whether or not any reference to this Environmental Covenant or 

its pro\'isions is contained in the deed, otlier conveyance instruments, or other agreements by 

which such person vor entity acquires its interest in the Property or any portion thereof 

("Transferee"). 

4. Holder/Designation. Atlantic Riclifield, which is located at 317 Anaconda Road, Butte, 

Montana 59701, is the Holder herein and is the grantor under the Easement that affects the 

Property. Except for an assignment undertaken under a governmental reorganization,- assignment 

of an environmental covenant to a new holder is an amendment subject to paragraph 12 below. 

5. . Activity and Use Limitations, As part of the Clean-up Work described above, the 

Owner hereby imposes and agi^ees to implement, administer, and maintain the following activity 

and use limitations on the Property. In the event tiie Owner conveys or transfers an interest in 

the,Property or any portion thereof to a Transferee, Owner shall take measures necessary to 

ensure that the Transferee will implement, administer, and maintain the following activity and 

use limitations: ' 

{a) Owner's Covenants Affecting tiie Propertv. The following. Covenants shall 

bmden the Property and are intended to bind Owner and the Owner's successors and assigns and 

any subsequent owners ofthe Property and shall control any provisions contained herein that are 

inconsistent therewith: 

(i) Use of the Propertv. Except as provided in Section 5(a)(ii) below, the Owner 

shall not take, authorize or allow any direct or indirect action which interferes with, is 

inconsistent with, liinders, delaj's, diminishes, or frustrates: (a) the implementation, 

effectiveness, purposes, or integrity ofthe Clean-up Work or any future response actions 

or monitoring and maintenance activities required under any applicable laws or by any 

federal, state or local .governmental entity, (b) any other actions that the EPA or DEQ or 

Holder deems necessary or ad^dsable to address environmental conditions on or related 

to the Property; or (c) any activity' or action that would constitute a breach or violation of 

tiie Easement 

(ii) . Future Development Restriction. In addition to the restrictions contained in the 

Easement, no development or change of land use of any kind on the Property, including, 

without limitation, gi'ading, other surface disturbance, ground water well drilling, 

pumping or any action that will alter, disturb or otherwise interfere with the Clean-up 

Work, shall.be permitted or allowed on the Property without Holder's prior written 

consent. However, no such consent shall be given for any development, use, or activity 

prohibited by the Easement. Any other development or change of land use shall require 

approval in accordance with edl applicable laws, regulations and requirements of any 

governmental entity having jurisdiction over the Property. Such approval of Holder 

shall not be um-easonably withheld, conditioned, or delayed, but shall be subject to such 

reasonable conditions as Holder shall deem appropriate and shall be subject to the terms 
Ent: 34E948 - Pg 4 .of 61 

of the Easement. Tlie Owner shall be solely responsible for any additional response 

action which may be necessaiy to accommodate fat"ure development of the 

Property. For purposes of this provision, tiie phrase "additional response action which 

may be necessary to accommodate future development" shall mean any and all response 

actions beyond that which Atiantic Richfield is required to implement at the Site under 

any administrative order or consent decree in the absence of future development. Any 

such additional response action must be undertalcen in accordance with and in a maimer 

consistent with the requirements of the Consent Decree for the Site, as may be amended 

or supplemented from time to time, and all other environmental laws and other 

applicable laws; 

(iii) Applicable Laws. The Property shall be maintained and managed in accordance 

with and in a maimer consistent with the requirements of the Consent Decree and any 

applicable judgments, federal, state or local laws, rules, regulations, orders, decrees, or 

other governmental enforcement actions relating to environmental conditions on the 

Property; 

(iv) Mmeral and Water Exploration. Development or Production Restriction. No 

exploration or mining, milling, processing, drilling, pumping, extraction or any other 

method of development and/or production of any water, wells, water rights, veins, loads 

or mineral deposits (including, without limitation, hardrock minerals, sand, gravel, clay, 

oil and gas and other hydrocarbons, or otiier similar naturally occuning substances) is 

permitted on the Property; and 

(v) Property Maintenance Covenant. Owner shall keep the Property in good repair, 

so as to protect and preserve the Clean-up Work. This work includes proper 

maintenance such that erosion ofthe cover does not occur. 

(b) Notice of Change in Use. Subject to tiie terms and conditions ofthe Easement, 

Owner shall notifj' the Holder, DEQ and EPA simultaneously when submitting any application 

to a local government for a building pemiit or change in land use for the Property. The notice 

shall contain, at a minimum, a description of the proposed activitj', the anticipated 

commencement and completion dates thereof, and a copy of tiie application submitted to the 

local government. Holder, DEQ and EPA shall have the right, but not the obligation, to 

participate in any hearing, review process or other governmental proceeding that includes 

construction on, or a change of use of, the Property or any other actions on the Property that may 

impair or jeopardize the integrity ofthe Clean-up Work. 

6. Running with the Land. This 'Environmental Covenant shall be binding upon the 

Owner and any Transferee during that person's period of control, occupation, or ownership 

interest, or any period arising thereafter but which results from such control, occupation or 

ownership interest during such period, and.shall run with the land, pursuant to the Act and 

subject to amendment or termination as set forth herem. 
Ent: 342948 - Pi] 5 of 61 

7. . Compliance Enforcement. 

. (a) This En\'ironmental Covenant may be enforced pursuant to the Act. Failm-e to 

timely enforce compliance with this Environmental Covenant or the activity and use limitations 

contained herein by any party shall not bar subsequent enforcement by such party and shall not 

be deemed a waiver of the partj^'s riglit to talce action to enforce any non-compliance. Nothing in 

this Environmental Covenant shall restiict the DEQ or EPA from exercising any authority under 

applicable law. 

8. Rights of Access. Owner hereby grants to Holder, DEQ and EPA and tiieir respective 

agents, contractors, and employees the right of access to tiie Property for inspection, 

implementation or enforcement of this Environmental Covenant. 

9. Compliance Reporting. Within thirtj' (30) days of request. Holder shall submit written 

documentation to Owner, DEQ and EPA verify'ing that the activity and use limitations set forth 

herein remain in place and are being followed. 

10. -Notice upon Convevance. Each instrument hereafter conve3dng any mterest in tiie 

Property or any poition ofthe Property' shall be substantially in the followiag form: 

•THE INTEREST CONVEYED HEREBY IS SUBJECT TO AN ENVIRONMENTAL 

COVENANT, DATED ; , 200_, RECORDED IN THE DEED OR 

OFFICIAL RECORDS OF THE ^COUNTY RECORDER ON 

, 200_, IN [DOCUMENT or BOOK , PAGE 

JOwner shall notify Holder m. writing at least thiity (30) days in advance of consummation of any 

such conveyance, includiag any conveyance of any easement or riglit of way burdening all or 

any portion ofthe Propertj'. • Holder shall disclose in wiiting the nature ofthe Clean-up-Work 

performed on the Property and the teims of this Enwonmental Covenant to any Transferee of 

any interest in tlie Property or a -portion thereof For purposes of this Section 10 the 

conveyance of a security interest in the Property shall not be deemed subject to the notice 

requirements set forth herein. O'^^oier shall notifs' Holder, DEQ, and EPA within ten (10). days 

after each conveyance of an interest in any portion of the Property. Owner's notice shall 

include the name, address, and telephone number ofthe Transferee, a copy ofthe deed, or other 

documentation evidencing the conveyance, and an unsurveyed plat that shows the boundaries of 

the property being fransferred. If Owner and DEQ enter into any agreement with respect to the 

reimbursement of any costs relating to this Environmental. Covenant, such agreement shall 

survive such conveyance of the Propert}'. 

11. Representations and WaiTanties. Owner hereby represents and warrants to the other 

signatories hereto: 

(a) that Owner is the sole owner ofthe Propeitj'; . 

(b) that Owner holds fee simple titie to tiie Property, subject only to the interest or 

exceptions set forth on Exhibit "D" hereto; and 

, - 5 
Ent: 342948 - Pg 6 of 61 

(c) that Owner has tiie power and autiiority to enter into tiiis Environmental 

Covenant, to gi^ant the rights and interests herein provided, and to carrj' out all obligations 

hereunder. 

12. Amendment or Teimination. 

terminated pursuant to the Act. 

This En-vironmental Covenant may be amended or 

13. Effective Date/SeverabilitsVGoveniine Law. The effective date of tins Environmental 

Covenant shall be the date upon which tiie fiilly executed Environmental Covenant has been 

recorded as a document of record for the Property with the Tooele County Recorder. If any 

provision of this Enviroimiental Covenant is found to be unenforceable in any respect, the 

validity, legality, and enforceability of tiie remaining provisions shall not in any way be.affected, 

diminished, or impaired. This Environmental Covenant shall be governed by and interpreted in 

accordance -with the laws ofthe State of Utah. 

14. Recordation and Distiibution of Environmental Covenant. Within thirty (30) days after 

the date of the final required signatTire upon this Environmental Covenant, Holder shall file tiiis 

Environmental Covenant for recording in the same manner as a deed to tiie Property, with'the 

Tooele County Recorder's Office. Holder shall also distribute a file-stamped and date-stamped 

copy of the recorded version of this Environmental Covenant to: Owner, EPA and DEQ. 

15. Notice. Unless otherwise notified in writing by or on behalf ofthe current owner, EPA, 

DEQ or Holder, any document or communication required by this Environmental Covenant shall 

be submitted to: 

If to Owner: Charles T. Stilwell 

ARCO Envu-onmehtal Remediation, L.L.C. 

317 Anaconda Road 

Butte, Montana 59701 

Fax # 406-563-8269 

with a copy to: 

Nathan Block 

BP Anierica- Inc. 

Legal Department 

501 Westiake Park Boulevard 

Houston, TX 77079 

If to Holder: Charles T. Stilwell 

Atlantic Richfield Company 

.317 Anaconda Road 

Butte, Montana 59701 

Fax # 406-563-8269 

-6 
Ent: 342946 - Pg 7 of 61 "^ 

with a copy to: 

Nathan Block 

BP America Inc. 

Legal Department 

501 Westialce Park Boulevai-d 

Houston, TX 77079 

If to DEQ: UtahDepartmentofEnvfronmental Quality 

Division of Environmental Response and Remediation . 

Attii: Tony Howes, CERCLA Branch IS&R Project Manager 

' P.O.Box 144840 ' 

Salt Lake City, Utali 84114-4840 

Fax #801-536-4242 

If to EPA: Regional Instimtional Confrol Coordinator, EPR-SR 

U.S. EPA 

1595 Wynlcoop Stieet 

Denver, CO .80202 

Any such document or communication shall be delivered via prepaid United States 

certified mail, return receipt requested, facsimile or nationally recognized overnight courier and 

provide receipt of delivery. Such document or communication shall be deemed effective upon 

receipt or refusal of receipt. 

16. Governmental Immunity. In executing this Environmental Covenant, DEQ and EPA do 

not waive governmental miinunity afforded to them by applicable law. 

Q-wner for itself and its successors, assigns, and Transferees, hereby fully and irrevocably 

releases and covenants not to sue the State of Utah, its agencies, successors, departments, agents, 

and employees ("State") fi-om any and all claims, damages, or causes of action arising from, or 

on account of the activities carried out pursuant to this Environmental Covenant, except for an 

action to amend or terminate the Environmental Covenant pursuant to sections 57-25-109 and 

57-25-110 of the Utah Code Ann. or for a claun against the State arising directiy or indirectiy 

fi-om or out of actions of employees of the State tiiat would result in (i) liability to the State of 

Utah under Section 63G-7-301 of the Governmental Immunity Act of Utah, Utah Code Aiin. 

Section 63G-7-101et seq. or (ii) individual liability for actions not covered by the Governmental 

Immunity Act as indicated in Sections 63G-7-202 and -902 ofthe Governmental Immunity Act, 

as determined in a court of law. 

17. Limitations on Liabilitv. Except as provided otherwise herein, Holder shall not incur 

any liability under state law or otiierwise solely by virtue of being a holder under this 

Environmental Covenant. 

- 7 
Ent: 342948 - Pg 8 of 61 '^ 

18. Payment of DEO's Costs. -To tlie extent reunbm-sement is not provided by EPA, Holder 

sliall reimburse DEQ in full for all reasonable costs mcurred by DEQ and related to the activities 

contemplated in this Environmental Covenant which require review, inspection, involvement, or 

otiierwise incur costs for DEQ in accordance with the fee schedule approved by tiie legislature. 

[SIGNATURES APPEAJR ON FOLLOWING PAGES] 

8-
Ent: 342948 - Pg 9 of 61 ,y 

OV\a^R: 

ARCO Enviipnmental Remediation, L.L.C, 

A Delaware Coiporation • 

Name 

Its: V/c^ "^Ae^k 

State of Me>rt-^^<yt^ ) 

ss. 

County of .^/VW*/^^/./y ) 

. Before me, a notary public, in and for said county and state, personally appeared 

/^/>i ^tiM()/>^ _. a duly authorized representative of ARCO 

Envuromnental Remediation, L.L.C, who acknowledged to me that [lieQrj&j did execute .the 

foregoing instrument on behalf of ARCO Environmental Remediation, L.L.C. -

IN TESTIMONY WHEREOF, I have subscribed my name and affixed my official seal this 

P ^ day of 4f^} / _ . 2040 
Ent: 342948 - Pq 10 of 61 ,^ 

HOLDER: 

ATLANTIC RICHFIELD COMPANY 

A Delaware Corporation 

State of Aiesfca:"^^?^*'*^ ) 

: . . : SS . • • 

County of 3'>A^/' As>u/ ^ 

Before me, a notary public, m and for said county and state,, personally appeared 

^^^jh ^fAyj^ar^ , a duly authorized representative of Atiantic Richfield 

Company, who aclmowledged to me that [Ixe/^^ did execute the foregoing instnmaent on 

behalf of Atiantic Riclifield Company. 

IN TESTIMONY WHEREOF, I have subscribed my name and affixed my official seal this 

2B** davofy^/;^./ ,20lQ ^ . y 

^ Notep/Public 

10 
Ent: 542948 - Pq 11 of 61 »/ 

UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY 

The Utah Department of Environmental Quality' authorized representative identified 

below Hereby approves the foregoing Environmental Covenant pursuant to Utah Code Ann. 

Sections 57-25-102(2) and 57-25-104(l)(e). 

By.J^^.^/i- 9^^-^^ 

Name; Brent H. Everett Date 

Title: Director, Division of Environmental Response and Remediation 

Utah Department of Environmental Quality 

STATE OF UTAH ) 

:ss. 

County of Salt Lake ) 

Before me, a notary public., in and for said county and state, personally appeared Brent H. 

Everett, an authorized representative of the Utah Department of Environmental Qualiify, who 

acknowledged to me that he did execute the foregoing instrument this ^[' ^ day of 

20/ ^ 

Vjiatetfy Public 

My Commission expires: ^/1 '^{'z^f i 

RnfERTON, ur I4MS' 

-11 -
Ent: 342948 - Pg 12 of 61 t / 

UNITED STATES Em^IRONMENTAL PROTECTION AGENCY 

The United States Environmental Protection Agency authorized representatiA^e 

identifiisd below hereby approves the foregoing Emdronmental Covenant: 

Bill Murray, Director J^'-^..^^^^^^ Date '^ P ° j [^ ^ 

Superfixnd Remedial Response Program 

Office of Ecosystems Protection and Remediation 

•U.S. Environmental Protection Agency, Region VIII 

STATE OF C/Juru^ .) 

:ss. 

County of . i)i>A^ycUAy' ) 

Before me, a notary public, in and for said county and state, personally.appeared BiH 

Murray, an authorized representative of the United States Emdronmental Protection Agency, 

who acknowledged to me that he/she did execute the foregoing instrument this / ^ dav of 

^1 : 

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Notaiy Public 

My Commission expires 

-I2 . 
Ent: 342948 - Pq 13 of 61 -^ 

Exhibit "A" 

Legal Description of the Property 

Pine Canyon Conservation Area 

The following described real property located in tiie County of Tooele, State of Utah. 

Township 3 South, Range 3 West, Salt Lake Meridian 

Section?: Lot4, SESW, S/2SE, S/2NESE i-^- 6 

Section 18: All l/ ' 3-S-5L 

Section 19: Lots 1-4, E/2W/2, NE,N/2SE i'-5-3 t ^'3- ^ 

Section 30: Lot 5 i-^-^ " 

Township 3 South, Range 4 West, Salt Lalce Meridian 

Section 12: SE,.Lot 1 Conseivo Minor Subdivision (part) 17-1 fc" ^ / "^ -/^(S 

y y y ^ 

Section 13: E/2, E/2SW. SWSW, Lot 1 Conservo Minor Subdivision (part) and a fract 

beginning at the northeast comer ofthe NWSW, thence South 1320 feet; thence 

West 1320 feet; tiieuce North 1095 feet; thence East 750 feet; tiaence North 225 

feet; thence East 570 feet to the point of beginning. i"-/^- / j ^ iC\~ J ju (qj^ 

Section 14: S/2SW, SWSE J-Po-1 

^y" -

Section23: NESE l-'SI-IO, S-?/-? 

•^ALSO: a tract iii the S/2NW begiiming at the southeast corner' of the northwest . 

quarter of Section 23; thence North 937.0 feet along the quarter section line; 

thence southwesterly along the south line ofthe highway 1716.0 feet; tiience East 

along the south line ofthe northwest quarter 1518.0 feet to the point of beginning. 

N/ Less and except: that portion which lies west ofthe easterly boundary of Ericson 

R.oad. 

. x/' ALSO: a tract beginning at the northwest comer of Section 23, thence South 

82.5 feet; thence East 1980 feet; thence Soutii 594 feet; tiience East 1633.5 feet; 

thence southwesterly 907.5 feet to a point on the east-west quarter quarter-luie; 

tiience West 330 feet; thence Soutii 1320 feet; thence East 1320 feet; tiience 

Noith 2640 feet;, thence West 3960 feet to the point of beginning. Less and 

except: that portion within the SWNE that lies westerly ofthe easterly boimdary 

line of Ericson Road. 

v/ALSO: •E/2NE Less and except: a bract beginning at a point S89D25'W 1032 

feet from the northeast comer of Section 23; thence S89D25'W 293.75 feet; 

Exhibit "A" 

Page 1 
Ent: 342948 - Pg 14 of 61 '^ 

tiience Spn46'E 331.5 feet; thenceN43D55'E 281 feet; tiience N35D5rE 162 

feet to point of beginning. 

sy- y y^ y ^^ \y y \y 

Section 24: Lot 1, NW, N/2NE, SWSE, SESW, S/2NE, N/2S/2. Less and except: a 100 

foot wide ship for highway. J-Jj. / 

Exhibit "A" 

Page 2 
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Ent: 342946 - Pg 16 of 61 '^ 

Exhibit "B" 

Conservation Easement 

Exhibit "B" 

Page 1 
Ent: 342948 - Pg 17 of 61 

IVHEN RECORDED. MAIL TO: 

.AKCO 

Roclfv Mountain Environmcntol Rtimeiiifllion 

555 Sevcnceench SlrDfli 

Donvor, CO 80202 

ATTN: Coordinaror. Land Service, • 

CONSERVATION EASEMENT 

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

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

"Easemenr) is granted and effective this ,9ff^ day of [/jl/lfjJ , 1994, by 

the Adandc Richfield Company, a Delaware Corporation ("Grantor" ) to the Stats of 

Ut^h, acting through its Di-visioh of Wildlife Resources (the "Division"), for certain 

rea.1 property located in Tooele County, .Utah as more particularly described on the 

attadied Exidbit A, which is incorporated herein by this reference (the "Property"). 

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, condiiJons and 

agreements. " •' • 

RECITALS 

A. The Division is an agerKry of the State of Utah and is,qualified •under 

Section 57-18-3 of the Utah Code Annoted and Section 170(h) of the Internal Revenue 

Code to receive conservation easements for the. purpose of the preservatioiv 

protection, or enhancement of land in its natiu-al, sceruc, or open space conditioiL 

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

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

Di-vision, 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, incl-uding, 

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

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

disturb the surface of the Property, 

Exhibit "B'^ 

Page 2 
Ent : 34E94 8 - Pg 18 of 61 

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

•ind protect the conservation values of the Property' m perpetuibi'. 

IN COWSIDERATION 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 ofthe Property to preserve and protect the wildlife, 

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

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

unto Grantor, its successors and assigns forever, fee titie 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 Propertv 

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

prevent any use of the Property' th?t 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 en-vironmental remediation and other activities 

specifically reserved herein, the use of the Properh,' shall be limited to such acti-vities 

as are consistent with the purpose of this Easement 

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

of this Easement the folio-wing rights are granted to and the following obligations 

are acce^ited by the Division; 

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

(b) To refrain from and to enjoin any third party activiti,' 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 conservatibn values; 

(c) T-0-m.aintaLn-and restorefencing,-signsand-other-improvements 

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

Easement or otherwise b}'- 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 Propertj' at Grantor's sole cost) and 

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

Property. ' -

Exhibit "B' 

Page 3 
Ent : 34294 8 - Pp 19 of 61 

(ij) To do all in its power to prevent and suppress tires on or in the 

viclnit^' ol the Property; to report promptly .ill fires it may iliscover which it fai-inot 

suppress jnd to place itself, its eniployees and h-ansportatinn at the disposal ol i\ny 

iiuthonzed official tor the purpose of safely fighl-ing such fires. 

( 

3. Permitted \isss ol' Easement. The following uses and prarfires, 

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

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

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

(a) Management of the propertj' for wildlife purposes including 

conser\'ation, propagation, habitat improvement and wildlife viewing; 

(b) Public use of the properti'for educabon, 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 activit\' or use of the Propertj' 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 subdj-vision (through gift, sale, 

lease or otherwise) of anv 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 locafion_of any. structure .or .other improyemejit 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 Propert\' is prohibited except that the Division may, upon mutual 

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

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

locations mutualIv agreeable to both parties. It is hereby agreed that no excavat-ion 

Exhibit "B" 

Page 4 
Ent: 342946 - Pg S0 of 61 ^ 

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

catchment basins; 

(f) Placement, dumping, disposal or storage ofashes, trash, garbage, 

junk, or any other material is prohibited; 

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

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

control seeding, ete:.), 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 propertiif, 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 ivith Grantor, install 

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

on top of the surface of the Property) at locations mutuaU}' agreeable to both parties. 

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

conducted in the installatioR of such water caichjitent basins; 

— 0) Any commercial or private agricultural use is prohibited. Upon 

written consent of Grantor, limited agricultural atti-vities for the purpose of 

enhancing wUdiife 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 bums for the purpose of habitat development may be allowed, with 

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

regulations pertaLning-to open fires -

prohibited; 

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

(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. 

Exhibit "B'^ 

Page 5 
Ent: 34S948 - Pq 21 of 61 '^ 

Grantor hereby specifically reserves the right: 

(a) To enter upon the Proper:)' at any time to inspect, maintain and 

enforce, llirough 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 Propern'; and . 

(b) To enter upon the Propert)' 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 Qub 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 wiH terminate no • later than 

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

("Lessees'^, have agree^ to perfqrtti certain w^rk upon theJProperty and 

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

6. Indemnificab'on 

(a) By Grantor. Grantorshall defend, indemnif}' 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 

Exhibit "B" 

Page 6 
Ent : 34294 8 - Pg 22 of 61t / 

related activities n( Grjntor ("Preexisl-ing Environmental CondiL-ion"), E.scept lo the 

extent that such Cloinis result from: 1) development of'or activities undertaken on 

the .''ropertx' b\' the Division that are not in accordance with this Easement, including 

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

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 

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 anv 

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

such Oaims result from: 1) development of or activities undertaken on the Properh' 

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

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

any representab'on 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 Di-vision agree to meet annually on 

or abcmt the anniversar)' date hereof during the first five (5) years following 

execution of this Easement The purpose'of such armual 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 part\'. The annual meeting maj' 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 frequeno,' of such meetings . 

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

real-propert}' taxes-and assessments-properly ^evied-on the-Pr-opert^'^-by competent 

authorities, except to the extent additional taxes or assessment 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 tl-iis Easement by operation of the doctrine 

of merger or otherwise. The Division shall not voluntarily or willingly allov.' 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 

Exhibit "B" 

Page? 
Ent : 34294 8 - Pg 23 of 6 1 ^ 

governnienta! proceeding, jny and all compensation received by the Division as ci 

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

the conservahon 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 bv United 

States certified mail, return receipt requested, addressed to the parti.' for which it is 

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

parties may indicate in writing; 

.ARCO 

Rocky Mountain Environmental Remediation 

555 Seventeenth Street 

Denver, CO 80202 

ATTN: Coordinator, Land Ser\'ices 

Utah Division of Wildlife Resources 

1596 West North Temple 

Salt Uke Citj', Utah S4116 

ATTN: Chief, HabiUt 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 

contrarj' not\vithstanding, 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 

Cade—.Ann. -fi-57-l-8-l-~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) Severability. 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 applicafa'on of such pro'-'ision 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. 

Exhibit "B' 

Pages 
Ent: 342948 - Pg 24 of 61 < / 

(d) Successors. The covenants, terms, conditions. Easement and 

restrichons of this Easement are mtended to be a burden upon and shall run with the 

Property' in perpetuit\'. Each and everv 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 COh-TPANY, a Delaware Corporation 

• . -? U . 

By Michael O'Dbnnert 

Its Attorney-in-Fact 

STATE OF UTAH, acting through its • 

DIVISION OF WILDLIFE RESOURCES, an agency ofthe 

State of Utah 

By llobert G. Valentine 

Its -Direetor- - - • 

Exhibit "B'^ 

Page 9 
Ent: 342946 - Pg 25 of 61 - ^ 

.STATE OF COLORADO ) 

COUNTi'OF DEN\'ER ) 

The foregoing instrument was acknowledged before me on the •^'^ ~ dav 

of .h^niL. , 1994, by Michael O'Donneil, the Attorney-in-Fact of 

Atlantic Riclifield Company on behalf of said corporation, 

7f^ ^0. a.^ 

Notarv Public y "^ 

Residing at 4x,^-u-^-t/"M C n 

My Commission Expires; 

1 -/r - 9 7 

STATE OF UTAH ) 

COUNTY OF S Q W- lakf_ ) 

The foregoing instrument was acknowledged before me on the Z'? day 

of (M-k^P , 1994, by RobertG, Valentine, the Director of the Utah 

Division of Wildlife Resources on behalf of said organization. 

•-'••d^^Jft is36WBONonnT,!moio ——''"^^ , ,.—- ^ ^ ;7 

• I?.'/&..A-,Ki i=j -^aiiuteCity. Ulan m-.-p Notary Pubhc n n /) , 

I ^•^>S^-->v Novoroi'ii. 23 i>-f^^ Residing at VJniiJ \yCA/i. JTATE OF UT.4H 

Mv Commission Expires: 

Exhibit "B" 

Page 10 
Ent: 542948 - Pg 26 of 61 

EXHIBIT A 

PROPERTY DESCRIPTION 

The following described real property located in the CQUntj' of Tooele, 

State of UtaJi: 

Township 3 Kortli, Ran^e 3 West, Salt Lalie Meridian 

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

Section 18: All 

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

Section 30: Lot 5 

Township 3 North., Raixge 4 West, Salt Lake Meridian 

Section 12: SE 

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

northeast comer ofthe l^fWSW, 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. 

Sec-ciori 14: S/2SW, SWSE 

Section 23: NESE; _ _ _ _ _ 

ALSO a tract in S/2NW beginning af the "southeast 

comer ofthe north-west (quarter of Section 23, thence. 

north 937.0 feet along the quarter section line, thence 

southwesterly along the south line of the highway 

1716.0 feet, thence east along the south line ofthe 

northwest quarter 1518.0 feet to point of beginning; 

ALSO a tract beginning at the northwest comer of 

Section 23, thence south 82.5 feet, thence cast 1980 

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 

Exhibit "B" 

Page 11 
Ent: 342948 - Pg 27 of 61 - ^ 

north 2640 feet, thence west 3960 feci to point of 

beginning; 

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

point SBQ'aS'W of the northeast comer of Section 23, 

thence S89''25'W 293.75 feet, thence S0°46'E 331.5 

feet, thence N43''55'E 281 feet, thence N35°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 comer of 

NESW, Section 23. thence north 282 feet, thence cast 

2005,34 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 comer of Section 

23, thence south 359.35 feet, thence east 300.18 feet, 

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

172.81 feet to east-v/est 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, 

lass and except a 100 foot wide strip for highway; 

gind also any other real property which Atlantic Richfield Companj' 

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. ., 

Exhibit "B" 

Page 12 
Ent: 342946 - Pg 28 of £1 

0 0 1 1 26 

ADDENDUM 1 TO CONSERVATION EASEMENT 

This Addendum 1 to tlic Conservation Easemem dated and effcoivt April 29, 1994 (the • 

"ConsKvarion Easement") by and between the Atlantit Riclifield Company ("ARCO") and the 

State of Utah, acting through its Division of Wildlife Resources (the "Division") is made and 

egfeeti-ve as of this JL'i^ day of August. 1995. This Addendum 1 is necessary to implemem the 

planned fencing uid installation of signs as described in the Conservation Easemem. and ARCO 

and the Division hereby a^rs as follows: 

1. As part of its maintenance responsibilibes pursuant to the Conservation Easement, the Division 

>vill be responsible for the implemeamtion of all activioes identified in the developmeni plan for the 

fencing and signs, which is anarhed hereto and incorporated herein b; reference as Appendix I 

(hereinafter, die "DevBlbpment Plan"). 

2. ARCO will provide to the Division the amount of forty-four thousand eight hundred dollars 

(S44,800.0D) tocoverthecosts ofthe implementing the Deveiopmeai Plan. Ifthecostof 

traplementing the Development Plan exceeos $44,800.00, any such additional amount will be 

provided solely by the Di-vision. 

3. ARCO's S44,S00.00 contribution will be placed in a dedicared (J970) ftind to tx Bdministered 

by ^ Division solely for the costs of implemenoog the DeveiopmEct Plan If any of the 

S44,8OD.00 amocmt remains aficr implementation ofthe Development Plan, such iciiMining fimds 

will be used by the Drvision solely for adnunistering the Conservation Easement fiir the Carr Fori( 

property. 

IN WITNESS WHEREOF, ARCO and the Division ha-ve executed this Addendum 1 thioogh Ifasir 

duly authorized representatives named below. 

U. H. Barker ' '' 

Title; Manager, En-viioiuueuial Remediaticn Title' 

RiJbertG. 

: Director, 0 

Valentine 

Division of Wildlife Resources 

Assessments 

Afiamic RicffielilXompann'' 

By:__\_W 

Title; 

^^-/O 

John Baker 

Supervisor, DWR Budget & Accounting 

^ /, 

a^a,A.^w-

[ J ~ Jordan C. Pedeison 

~ Caittal R^onal Supervisor 

Utah Division of Wildlife Raources 

ExMbit "B" 

Page. 13 
Ent: 342946 - Pg 29 of 61 t ^ 

^^ n ;i 6 

APPENDIX 1 

ACTIVITY 

Survey 

New Fence 

Fence Repair 

Archaeological SurveySigns 

Main Entrance 

Boundary 

Int:erpretive 

DESCRIPTIC 

6 miles @ 

7.7 miles 

5.5 miles 

2 miles S 

4 e $150 

50 @ $10 

2 ® $250 

5N 

$1,000 • 

© ?4,ooq 

(B $800 

$1,000 

COST 

$6,000 

$30,800 

$4,400 

$2,000 

$eoo 

$500 

SSDD 

Hea-vy Equipment Rental 

Tota l 

32 hours ® $50 $1,600 

$44,800 

Exhibit "B" 

Page 14 
Ent: 342946 - PE| 50 of 61 

Exhibit "B' 

Page 15 
Ent: 542946 - Pg 31 of 61 '^ 

Exhibit "C" 

Description of the Clean-up Work 

Significant reclamation within the Consei"vation Area took place in 1986, with additional smaller 

actions completed since, cuhninating in the final Removal Action in 2006-2007. Remedial 

construction included placement of clean soil cap over impacted areas, reshaping ofthe surface 

for storm ixmoff control, installation of drainage conti"ol structures and revegetation of disturbed 

areas. Full construction detail is available in tlie 2006 Conservation Area Removal Action 

Final Constmction Closure/PoEution Report (AECI, 2007). 

Exhibit "C 

Pagel 
Ent: 342946 - Pg 52 of 61 

Exhibit "D" 

Title Exceptions 

Exhibit "D'' 

Page 1 

r. 
Ent: 542946 - Pg 53 of 61 " ^ 

nLt'r. DotnlWlmnm ScradulO B II 

SCHEDULE BISECTION II 

EXG£PT10N& 

y-24-\!iJL 

"ha to\\s^ -x polbfie In b6 IsajKliwIII oontoin encupfia.is 'o tiu Hjbv/og UBISKJ m-i"/ of-'.hEftB WMpiinnE 

orc<l«pcBat)oTV>theE3lJsfe:^.1oncf-iiitl>urT^ny. ,' ' 

1. IntUB 01 uyi^^ivniBTCj rA\\ii^ c ^ not iwown ftscKfetlng jsns; by the racordr, iTfirytajiE^j; 

Buiiair,)/f-Etteui£t;tS»MjarBa5esai-i6nn! an lusi pm(xr.i'nr'Dfj-itBpi:Dllol<EcaliJti. rrxKedr^v; 

ty £ p-.'aita saencv': 'JiWch inoy reauli ^ issi)* or 8sa=iiBinnr4a, or nt;lJD« of fiuci a^TDooaJintlR, 

v/tistiD- Of tirf,i--~tm tiv ll'.t mastis or ojjh -330 lu/ D*- by-Its;. Public Rccof^tr-, 

2. A'rVffiCtn, rifiHrs.liTienaBtB. u: oatrnewnidiirft rat shewn Iv-thePublb Reaorde, f;iitv.ihjsti w.lS 

•ji!;a.'5r»rtai]»J.by sn in&pBOlioli<if tna Ljafid Orfc-; .TraKlnp In-ulry of pRisDna r.^^BSsaicsi 

lllfl:Boi . " •• -: . . .' 

\ . y 

a, EuS9ir,?nt£. Ilanif, or ftncunilraneeS: or datrrrj JhfiCEOf wnlc'i are nC shavai l:y ilii; Pubfc 

Ksonrdt. -.. • 

i , Arr.' fnetCHctimfliil, tn.Tjnbrant'f!, v'QJBlbn, varisttm, or BSJb-ae elf ft1i.1rBls.13e CLfoOina tt c Til'c 

tbfll *Yiuiri ce tfi.uS>»«<i by er am i:ate ufitl^i^plelB land suNsy sif tlfa I fl cd end r.« dhi^rt 1 i.-jjJinKuhBcSeyyi*!. - ' •• 

a, (B;^ UTpatsinBri .-alnJna clplinfi^ it) li3en.'ai)fa! Br'<BiCBpiJDna.in ps-ants w Vi (^^te BJtticrtdna tns 

lata-jnns-tl'atBa: Ji^ VkT!lfirriaiij;,«lftlTii!,i arliLsiCwa^Er, wnsttiarcr am-ti«5niBa6«exnp,-iiBd 

«7KW (B), (b) sr /c) flre Bliuwn a^'lhe PuUC l^fiarnti. 

B. Any tori r^^-ng^ w f. 'K*-forBBrsiofts,laio:, orTiKenal hcrtSoforB or fvWfluflErfurnlslifiH. Unpuasd 

t j ' I w snri nut ef,ariwtj l:^ the PUMD RBuarfls, ..' 

7. Ts)W«-(3c-yesBr'M0Da:r..tit;«rEfcr., nrit>4*iiuc< 

. • • - ' •> • . 

TBKM s;'tr,B jBar ZW H ware tialP-Baasssco ar^i pAib 111 ttvs nmD-Jtil nl (jCaS.CZ. 

" • Llnrfa-SialtiS*I«IIMD. B3-C:^:>-0.[H1'1J 

tncompawing "Jdccflu Cpunty Praficrty T5K Sijfia) Naacs-oiia o-doce \'\ 

Tfixsourfw )r^Dr?WUB\BBreBiulcsiSBBEGB«i anij pH'idin-Ulo amsUntc,T'l697.3"S 

OnOw ffjitn Sa iai N's. BB.0CC-O-SD7E 

TLr.caicjHSSlng Tnbete Oourriy PrDpcrly Tmt BsTal Nos,: 

D0-CC4 D 30QS 

THxnsoitns yftai-^DQS-ireruewnp^asiD Tooale CnimtyPropeltyTw Serial Mft, 

n8-Q03-««x>on'. 

Mf] prop-Jtly ^8 altUBtwJ wffiWn -615 li«.,rOTriBB of'JI6 Tcwte Cuvr.1i' WlQDaultO .•\hBtBn-stt Dfnris* 

and l£ uili)MriD asie^iDisn^ ttiarooi. daid aE$ns.iment le cui^rt at-thln lliriR. 

Exhibit "D' 

Page 2 
Ent: 54294S - Pg 54 of 61 ^ 

10: 

11. 

VL 

13, 

Said property Is situated wlttiln ttie bountJariBs ofttie tNlorth Tooele County Rre ProtectJon DiBtrfet 

and is 6Ui^jed to aessBBineiTt ttieteof. Said ssseEsment is current atthis time.. 

Subject to riglit, title and imereat of Kennacotl Mining CorpDrafion and Kennecotl Corpoiatlon as 

disotased in thai certain dsed racorded In Book 254, at pagas 660-71B. (affects Sections 23 and 

24) 

Subject to rjglit, fWa and infarast in and to ttiat certain Option AgtBemant fBCoid In Book 91, at 

pages 354-369 and pages 370-3B3. (affects Saclion 12), 

Reservation and condition s as disclosed in ftie psfsnts -from the-UjiftBd sfetas of America and 

the State of Utah as recorded In the following Books and PaBes.,.aII ID Township 3 Soulh, Range 

3 Wast, SaS Lake Base and Meridian. 

\ -

)/• ' 

Na1«03,ND. I/BE, 3-K/153(BrmSeDUon7J - ' % 

No. 1/40B. No. 1/68, (\lo. 1/73, No. 1/B4, No, 1/145, S,«/104rNo. 1/67, S-li/SSM (all In Section 

18) . ..'' 

BB/4BM, No. 1/B4, No. 1/111, S-cyi7B, S-J/10, No. 1/151 (atfectSection 19) \ 

3-J/11(SBCtiDn30 -•••••. 

3-2/161 (Section 12) •••, . 

ZC6B, No, 1/73,3-J/1B,3-Jra21 (Section 13) ••., •: 

No. 17134, No. 1M6, No. 1/161,3.E/504, No. 1/B1, No. I/IS^' (Saction 23) 

No. 1M6 (Sartlon 14) \ \_ . 

•.'•». . • . \ • / 

The perpetual riglit, privilege and aasaniBnt of operating Hs sm8lter..atornBar (the mouth of Pine 

Canysnj and of discharging ttieiefrom ^ses , -fiim^., smoice and.any other substances as may be 

emitted therefrem withouf incuidng ItabUlty to the .MpariJes, ^ grantsd by Easement recorded 

)n the fbSowinfi Boojc^and Pages and any and c^l subsequqnt NOECBB of Interest 

\\ 3.K/467-471, Brt75. B/5D1 (altin BecOonT) 

B/431, B/484-,-B/i4-9e, B/500 (SBstlon 16) 

a4a2,B/394, B/406, B/4D7, B/482, B/4S5, B/5DD,.Cn41,108/413-4,106/425-6 (Secdon IB) 

B/aB4,B/385 (Section^O) .. - ., . / 

3-K/467-471, B/500, 3-C/391, B;384,-B/480, BM82, B/506 (Sedlon 23) 

B/498,B/5Q6<Secfion14)'. 

' ' '^ . '- , '•'• , ' ; 

, , >No EKamlnatlon is harefiy matie to the present ownership of said eaeenserTt, notice or claim, or 

other documents pertaining thereto, 

' ' ^ -• - '• I 

14: E«SEMEt^AND-eQNDinoNS GQNTAINEDJHEREIM: 

GianfDr\ 

Grantee: "V^ ' 

Purpose: 

ID8tB& 

RecoTilBd; 

Entry No.: 

ScoWPaBs: 

Location: 

• ifehn A. Sevan and LeUtiBM. Bevsn (wife) ". 

/The Tellurtde Power Company, a Colorado corporation 

The right to ereof, operate and maintain electric power transmission and 

telephone circuits and appurtenances, attached to a double line of pole 

or other supports. 

September 2, 1907 

Septembers, 1QQB 

13Q59D 

A/187 

The North half of the Northeast quarte- of Booiion 1B, Townstilp 3 South, 

Range 3 Wast Salt l-ake Irieridlan. 

Exhibit "D" 

Pages 
Ent: 54294a - Pg 35 of 61 ^'' 

15. 

16, 

17. 

Schedule B-II 

(continued) 

T-24104 

EASEMENT 

Grantor: 

Grantsec 

Purpose: 

DatBtJ; 

Reoordsd: 

Entry No.: 

Book/Page; 

Location: 

John A Bevan and Latltia M Bavan, his wife end John A Bavan, Jr. and 

Annie E, Sevan, his wire 

IniernaConBl Smelting Company, a corporation 

June 24,1916 

June 26,1916 

151316 

C/144-5 

Section 23 

• / 

\ 

V Reservations contained In that certain Patant, recordeid June 28,1922 as Entry No. 167B7B, In 

Bool: 3-M, St Page 408, or OlBcial Records, end reads h) part as follows: Also subject to any and 

all easements and rights of way that now burden said laid o'nexlBte upon the same, Ipcbdlng all 

public roads, rigtrts of way lor power Unas, pipe Unas and tl-ie like,, end all in-igatlon ditches now 

upon said land. Said grantee agrees for himself, hislieirs, personal reprssentel'iviss and ass-|gns 

that the land hereinabove conveyed shall never ba used .for grazing purposes, and that this shall 

bea covenant mnnlng with the land. (Sections 7 and 13)-\ •,. 

\ • 

EASEMENT AND CONDITIONS CONTAINED THERHN; \ ' / 

Orantor 

Grantee: 

Purpose: 

DBted: 

Racorded; -- '' 

Eniiy No.; 

BoDlc/Page: 

Looatiojr, . ^ 

Etna Whaahoiise '-- . ' / 

Wasatch Gas Co., a Utah corpwaiion y 

To lay, mairrtsln, operate-and romovepipe Unas with the right of marBsa 

and egress to and fium said right of way, over and through the following 

- described tract of land. 

SsplsmberS, 1329 \'-

September 30,1829 -. - .,- . 

' \ 186048 

•-- 3.Q/5BB .. ... 

'Seollonia 

18. EASEWB^AiND^JOHDmONS CONTAINED THERHN: 

..--Grantor, • \ lymanAMcBrideandldaP, McBrioe, hJswJe.andRobt H. Smith and 

• \ ' '>. Janet Smith, bis wife 

GranteeK, • \WaaalchGasCo„a(Jtahcotporaflon 

Puiposer^-'.: fR-lay, maintain |OperBtB.and.reiroye_g!pe_l]nes with tha^right of Ingress 

\ '••,. -jEfnd egress to arid tromsaW right of way, over andUhnpuaJfTh-e-Tbllowlng 

\ >. . .-^.'dBsoribad tract of land. 

Dated; \ ' ' Septembers, 1929 

Recorded; ),•'' SeptsmberSO, 1929 

Entry No.'. '-^ 185050 

Book/Page; 3-Q/5SB 

Location: Section 13 

Exhibit "D" 

Page 4 
Ent: 542948 - Pg 36 of 61 ^ 

19, 

20. 

Schedule B-11 

(confintJsd) 

T-24104 

•EASEMENT 

Granlon 

Grantee; 

Purpose: 

Dated; 

Rscorrfsc; 

Entry No.; 

Book/Page; 

iocstJon; 

EASEMENT 

Grantor 

Grantee: 

Purposa: 

Dated; 

Recorded; 

Entry No,; 

BooWPage: 

loostlon: 

AND CONOmONS CONTAINED THERHN: 

Warren GroverMcBiide, and Zella McBride, his wife 

Wasatch Gas Co., a Utah cojporElion 

To lay, maintain, operate and removB pipe lines vrith the right of higress 

and egrass to and from said right of way, over and through the follovinng 

described tract of land, _,-y • • -^^, 

SepiEmberB, 192B. 

September SD, 1S29 

166056 •-•/ 

3-D/591 

Eeciion 13 

,-'/' 

V 

AND CONDmoNS CONTAINED THEREIN; 

Elijah O. Spray and JasBie 6pmy, his wife 

Wasatch Gas Company •-. 

To lay, malnlaln, operate, repal- inspect,"protect remove and replace 

pipelines, valves, vah/a boxes and othei- gas transmlBslon and 

distribution faclildes through and ^crese the above. 

AuguBl 2B, 1S2B 

September 3D, 192B . \ - ;/ 

185048 ••,• )/ 

3-Q/5B7 -v, >....., • / 

Section 23 > / ''-^ / 

21. EASEMENTAND CONDITIONS CONTAINED THERElNr 

Grantor; 

Granles; 

Purpose: 

George W.'Smith and.Uabei Smith, hte wife 

Wasatch Qas Company ,•• 

To lay,, maintain, operetei- repair, Inspeot, protect, remove and replace 

•. pipelines, valves, vate boxes and other gas transmission and 

distribution fiBOllltiss-throuBh and aoross the atjove. 

August 28,1929 

' September 30; 1B29 

•-(85047 . ,''• 

• SrO/SSI,'' 

\ Section 23 

22, 

Daia-cl; "- \ 

Recorded; '•' 

- Bjtrv No.: 

Boc^flfsge; 

Ijipslipii;. 

EASEMBtr'ANDCONRiTONS CONTAlNaS'THERElNr 

Grantor. "••. 

Grantee; '-\ 

Purpose: 

.. 'T. 0. Spray and Jane M, Bpray, his wife 

. Wasatch Gas Company 

To lay, maintain, operBte, repair, Inspect, proleoi, remove and replace 

pipelines, valves, valve boxes and other gas transtrilSEion and 

distributton facHltieE through and ecmss-Ihe above. 

Dated: August 24,1928 

Recorded: September 30,1929 

EntwNo.: 1BB046 

BooicfPegs: 3-Q/5BB 

Looatlon: Section 23 

Exhibit "D" 

Pages 
Ent: 342948 - Pg 57 of 61 

. ^ 

23, 

24. 

25, 

Sclteduie B-II 

(oontinuBd) 

T-241D4 

EASEMENT AI^D CONDITIONS CONTAINED THEREIN: 

Grantor; F. F, Haffenreffer and L Maude Haffenreifer, his wife 

Grsntss: WasatdT Gas Company 

Punsose: To ley, maintain, operate, repair, inspect, protect, remove and replace 

pipelines, vahies, valve boxes and other sBS-tansmission and 

distribuaon facillBBS through and across the above, 

November 1,1929 ''/"->, ' 

Novemlier 18,1929 ''< ^^ \ 

186547 "\'. \ •\ 

E/312-313. ,_^ XSeofioo 13 ' • ••' ^'•' 

CONDITIONS CONTAINED THEREIN; 

F, F. Hafienreffer and L Maude HaJJpnrelJer, his wife 

Utah Apax Mining Cbmpatjy ' ,. •,.' 

Fobresry IS, 1837 '• x •"-

February25,1837 ••.. '' 

205967 '.- . "--. -

3.U/4aD-1 -, 

Dated; 

Reoorded: 

Enuy No.; 

BooWPage: 

LocaSon; 

EASEMENTAND 

Grantor 

Grantee; 

Dfitei; 

Recorded; 

Entry No.; 

Book/Page: 

Localion.-

\ 

SedHonJ \ 

The said Utah Apex Mining Company agcees for R$ftl/, Ha succe|ssb(a end assigns that &ie land 

hereinabove conveyed shall never be uaedfor graztng'purposa-s, end thattols shall be a 

coveranl running with trie land. 

. - "-N . •> 

EASEMEMT AND CONDmONS CONTAINED THERHN: 

26. 

Grantor; 

Grantee; 

Puroose; 

Dated:., . 

Repordec; "-x 

•Eriiiy Noj N 

^obk/Page: 

Location; 

• a i Edison Sevan, Sadie Shields Bevan 

State Road Commlssloriof Utah 

"••. Right of v«y for h-|ghway known as 

DeosmbertS, 1B37-' 

•, Fenraarj'1,1938 

^.208482 

V -S-Y/HB-.. ,'•' 

^ Soctloa13 

- J_ ! _ 

EASBter^TAND CONDITIONS CONT/iClNED THEREIN: 

Grantor; •"-,^ •. 

Grantee: ' x •• 

Purpose; \ ', 

Dated; 

Recoroed: "•' 

Entry No.: 

BooWPage; 

Location: 

• t . 0. Spmy, an unmarried man 

.-'State Road Commission of Utah 

•' RightofwaylorhlghvirBy known as 

DaoambK-13,1937 

Febnrary 1,1938 

208494 

• 3-Y/11&-9 

SecSon13 

F AB 

— _ 

Project No. 

— 

FAS. Project No. 

14 

14 

Exhibit "D' 

Page 6 
Ent: 342948 - Pg 36 of 61 L / 

27. 

28. 

29. 

Schedule B-II 

(oonlinued) 

T-241D4 

EASEMENTAND 

Grantor, 

Grarrtee; 

Purpose; 

Dated; 

RecQiTie± 

Entry No.: 

Book/PsQz: 

Location: 

EASEIilENTAND 

Grantor 

Grantee; 

Purpose; 

Dated; 

Recorded; 

Entry No.: 

Booh/Page: 

Location: 

EASEMENTAND 

Grantor. 

Qriantae: 

Purpose: 

Entry No.: 

BoQidPasB: 

ijocBHan: . 

CONDITIONS CONTAINED THERHN; 

E. O. Spray & Jessie Spray, his wtie 

State Road Cornm'isslon of Utah 

Right of way for highway knovm as FAS. Project No, 14 

Januarys, 1938 ,•'•, . 

Febniary-t, 1938 '.-'"-•., 

208491 

3.Y/121-2 y ^ -• 

Section 13 .'' 

\ . • 

CONDITIONS CONTAINED THEREIN:. V; \ 

IntemafionBl Smelting and Relining-Company, a corporation of Montana 

Tooele Valley Railway Company, a corporation 

To construct, maintain and operatE a railroad, togeltiervillh nebessary 

cuts, fills, telegraph and telephone poljis and wines, ')/-' 

January3-1,1938 \ ••,' ' '^ 

March 1, 1938 \ ' 

208576 ^ • \ ••.. 

.3-Y/133-4 -••. \ •. 

BeoHon 13 

y 

CONDmONS COhTTAlNEDtHESElN: . ^ 

IntBmational Smelting and R^ning Company 

Tooele Valley Railway Company' .•' 

A perpetual easement and right of way to oonstruct, malntBln and 

opereta e raOroad, li^ether with npttessary outs, fUis, telegraph and 

' telephone poles end wires.,' 

"•• 208576 fir 209165 ,','' 

•'^ .3-Y/133-4A205 

SaotionSS ••• .•-' 

30. EASEMENT AND-QUNDiTlONS CONTAINED THEREIN: 

..'-•Grantor; •••. International- SmeltSng and Reflnlng Company, a corpDraWon of Montana 

Grantee; '•. State Road Commlsston of Utah 

Purpose:. \ A-,righl of way for highway known as FAS. Pre^BOt No, 14 acnjss the 

-''-•y - • _ . •atantotfijand^ ._ _ 

Dated: -s -.. ffebruary 1,1938" " " "~- ~ -

Recorded: \ -•. y'lviarch S, 193B 

Entry No.; \ X 20B5B9 

Book/Page; \ •' 3-Y/140 

LooBtioir '-' Section 13 & 19 

31. QUIT-CLAIM DEED OF TRUST 

Grantor. National Tunnel & Mining Company 

Grantee: Tooele Valley Railway Company, a corporation 

Dated: May1&,1S38 

Recorded: June ZQ, 1938 

Entry No.: 208156 

Book/Psge; 3-Y/206 

Exhibit "D" 

Page? 
Ent: 54S946 - Pg 39 of 61 y 

Location; Section 13 

•-- ^ 

\ ! V 

y 

\. 

^-''^ 

• ,.-/ 

••: / 

\-\-.. 

I / 

/ 

'-•- . 

) / 

• / 

\ •• . 

yj 

y 

Exhibit "D'^ 

Page 8 
Ents 34E94S - Pg 46 of 61 ly 

32. 

33. 

Schedule B-11 

(conflnued) 

T-24104 

EASEMENTAND 

Grantor; 

Grantee; 

Purpose: 

Dated: 

Recorded: 

Eritry No.; 

Book/Page; 

LocaBon; 

EASEMENTAND 

Grantor 

Grarrtfie: 

Purpose: 

Dated: 

Reconded: 

Entry No.-

Book/Page: 

Location: 

CONDITIONS CDl^JTAlNED THEREIN; 

IntemationBl Smelting and Refining Company 

State Roed Commlsston of Ulah 

A right of wray for highway known as FAS. Project No. 14 across the 

grantor's land. . . 

May 19,1938 • >-"--'.o 

June 25,1938 

209181 &20919D ,-s 

3-Y/210-211 

Ssctlons 13&i g ! 

CONDITIONS CONTAINED THEREJN: '"• \ 

Edson Bevan and Sadie Bevan, his wife 

Intsmational Building AssoclatiDii, E-corporatiDn cjf Uta'h, / 

Grantee desires to constnjcta ditch across the land owned'by Grantors 

and iooated In the B >i of NW % of Secibn 23, T. 3 S.. Rr4 W., S. L B. 

& M, Tooele County, Utah; and ihe Grantors are willing to grantto 

Grantee a right and option to purohase. In addlBon to the fifij' (50) foot 

strip, all the land of Srantors lying Morthariy of said tifcy (50) foot strip. 

Decamber 23,1939 

December23,'''1939-.., \ / 

211683 \ '• .V • • t ' 

E/506-7 \ , /• -••., / ' 

SeoflonsZS •-. /' y 

34. EASEMENTAND CONDITIONS CONTAINED THEREIN: 

Granton '" " \ international SmaWngand.Reilnlng Company, a ootporaUon of Montana 

Grantee; " \ Tooela County, a municipal corporation ofthe State of Utah 

PuJTWse; ••x.Forihepurpose of oonstmoUng and maintaining a county road thereon. 

Dated;. .... September24,194-t 

Reodrdsd: """^^ '-. NovpmberS, 194i 

Entry No.: "•-. . ' ,214574 

..- -Book/Page; \ 3-Z/2D2i.3 / 

Lbeatron: \ SeotioaJS 

\ \ 

-35. EASEMEIffANDJXiNEirooJjJSLCQNTAlNED THEREIN: 

Grantor, \ ' - IntemationBl Smelling and Refln'irig Corripany, a Montana coipdratiBlir " 

Grantee: ' \ ' . ,'Tooele County, s municipal corporaSon of tfte State of Utah 

Purpose; \ / Right-of-way fors public hlshway 

Dated; ./ ' AigustSQ, 1943 

Recorded; ''' September 8,1943 

Entry ND.: 2175BB 

BooWPage: 3-Z/612 

Looatlon: Section IB 

The proper^ bareby conveyed shall revert to the grantor, its suoceBsois and assigns v/hanevsr 

the same shed ceasa to be used as a public hfghway. 

Exhibit "D" 

Page 9 
Ent: 542948 - Pg 41 of 61 ' ^ 

SchsduJe B-I) 

{continued) 

36, EASEMENT AND CONDITIONS CONTAINED THEREIN; 

T-24104 

Grantor; 

Grantee: 

Purpose: 

Dated: 

Reoordsd: 

Entry No.: 

Book/Page: 

Location: 

Anaconda Copper Mining Company, a Corporation ofthe State of 

Montana 

Mounta-m Fuel Supply Company 

To lay, maintain, operate, repair, Inspect, proteist, remove and replace 

pipelines, valves, valve boxes and otlier gas.transmisston and 

distributwn facilities through and across ti e a'oove. 

April 23,1952 . '.: ' 

April 2S. 1952 .• •-' "' 

2315B2&2315E3 - . V s . 

F/411-3 • •<> •\. -

SecfiDn13 .-' '•-' •^. •-• 

37. EAScMHWT AND COWtTtOI^S CO/JTAIKED THEREIN: 

Grantor: 

Grantss; 

Purposa; 

Dated: 

ReconJed; 

' Entry No. 

Book/Paga: 

' location: 

International Smaltirig and.Rafining Company, a corporatlph of Montana 

Vtountain Fuel supply Corripany , •-• 

To lay, malntBln, operate, repair, Inspect, protect, remova and replace 

pjpefines, valves, valve boxes arid.oihergss transmission and 

dtetrlbuQon tacllitiBS through and acmsE the above, 

April?, ia52\-• "'-••. ,•' 

April 29,1952^' "-.. \ / 

FWI-^ '•.-. /••'""-•. / ' ' 

Section 14 > . ' v ' 

36, EASEMENT AND CONDmONS CONTAINED THEREIN: 

Giantor, 

Grantee: 

Purpose: 

Sated; 

^ • ••ReoDided; 

Entry No.: 

BooWPage: 

—Looatidn;— 

IrrtematlDnai Smeltlnfl and Refining Company 

Mountain Fuel Supply Compsny 

> ,To lay, maintain, operate, repair, Inspect, protect, iBmove and replace 

'plpefinas, valves, valve boxes and other gas transmission and 

dislnbulian facildes through and across tfie above. 

April 7,1952 • 

April 29, tS52 

. 231584 8,231567 

• Fy413, 416 ^ 

-!.S.eotJon_1.3 

3B. EASEMENTAND COiyDlTIONS CONTAINED THEREIN: 

Grantor. 

Grantoe; 

Purposa; 

Dated: 

Reoortsd: 

Entry No.: 

Book^ags: 

Location: 

Tooele Valley Railway t^ompany, a oorporafion ofthe Sate of Utah 

Mountain Fuel Supply Company 

To Jay, maintain, operate, repair, Inspect, protect, remove and replace 

pipelines, valves, vahre bojss artd other gas transmission and 

distribution facUltieE through and across tl-ie atwve. 

April 22,1852 

ADril29,1S52 

231586 

r/414-S 

Section IS 

Exhibit "D" 

Page 10 
Ent: 342948 - Pg 42 of 61 " ^ 

Schedule B-II 

(continued) 

40. EASa/IENT AND CONDITIONS CONTAINED THEREIN; 

41. 

42. 

T-24104 

Grantor 

Grantee: 

Purpose; 

Dated: 

Recorded; 

EntT>' No.: 

Book/Page: 

l^ication: 

EASEMENTAND 

Grantor; 

Grantoe: 

Purpose; 

Dated: 

Recorded; 

Entry No.; 

Book/Page: 

Locat'ion: 

EASEMENT AND 

Grantor 

Grantee; 

Purpose: -- " . 

Dated;. .. 

fteeorded; 

•Entry No, 

•••-Book/Page; 

LflCBtion: 

International Smelling and Refining Company, s corporatbn ofthe State 

of litontana 

Ulah Powarand Uoht Company 

To construct operate, maintain and ramove such communication and 

othariBclliiles upon, over, under and across.the-at>ove. 

(i/laich2,1954 

Maroh23,1954 • ,-/ s - . 

23S03B ••'./ "-. •• 

G04 •-•• 

Section 23 ... ; X-, \ '• 

CONDITIONS CONTAINED THEREIN: , 

The MUdle Canyon Irrigatton Company of Tooele County, Utah 

Ulah Water and Power Board : .^s / ' 

Easement for Water Systwn .•' "'•• 

April 29,1955 • \ ' 

April 21,1BB1 

257 B22 '•• "^ 

24/580 and 18/214-5 . \ ' ;•' 

Secttons 13,14 aiyi23,.Towiishlp 3 South, Range 4 V^fest, Bali l^ e 

Bass and Meridian 

/ •••-•. / 

CONDITIONS CONTAINEDTHEREIW:'.-•' 

intemaflonel Smelting and Refmtag Company, a corporEdion of Montana 

Mountain Fuel Supply.-Company 

To lay,,maintain, operate, repair, inspaii, protact, remove end replaoe 

pipelines, valves, vaNe boxes and other gas transmtssbn and 

'- dlstrSHiHonfacilib'esfhmugh and acrass the above. 

May 12,1365 

'•. June 2,1985 

'•>, .274880 y 

-.. '59/562-5 .' 

•. BBctk3n.i8 

-Tt3;- -EASEMENrrAND-GQNQHnONS-CONTAlNEDJMEBElN: 

Grantor. \ 

GrantBa: '^ 

Purpose: 

Dated: 

Racorded 

Entry No.: 

BooWPage; 

Location; 

'•/ 

The Anaconda Company 

- ,-Ulah Power and Ligtrt Company 

'. To constnict, operate, maintain and remove such communlcHlion and 

other facilities upon, over, under and across the above, 

August 9,18E7 

77/490 

Secfion 13. 

Exhibit "D" 

Page 11 
Ent: 542946 - Pg 43 of 61 ^ ' 

Schedule B-11 

(continued) 

44, EASEMENT AND CONDITIONS CONTAINED THEREIN; 

45. 

4L.. 

T-24104 

Grantor. 

Grantee; 

Purpose: 

Dated: 

Recorded; 

EnUy No.; 

Book/Page; 

Location; 

Inten-ietlonal Smelling and Refining Company, a corporation ofthe State 

of Montana 

Utah Povirer and Light Company 

To conslniot, opsrata, maintain and remove such oommunlcBtlDn and 

other facilities upon, over, under and aoross. the above. 

October 16,19B7 .- •'•" 

March 30,1969 ,-%, -

,' \ , 

77/4BB '•.• '" v "•. 

Section23 '•i \ -. 

/ 

EASEMENT AND CONDmoNS CONTAINED THEREIN; "-^ 

Grantor FrankT. Summers and .Lorraine T.Summeis 

Grantee; Mountain StatesTelephbne andTeleargph Company "•,..-

Purpose; To construct, operate, maintain and remove such commuhlcatlDn and 

other tBcliltieE upon, over, under and ecross the above. 

Dated- April 29,1869 

Recorded: July1,18S8-^ '••^ 

Entry No_- \ •-.. , '-\ •/ 

Book/Page: 87/558 ••., ' -•.,,. '' .-'' 

Location; Section 23 '-. '',•. ' .•;'' 

46. EASE/^ENT AND CONDTnONS CONTAINED"THEREINi / 

Granto.~. 

Granles; 

Purpose: 

Dated:. .., 

Rerarded; 

Entry No. 

• -Book/Page; 

Locafion; 

\ 

K!r.K.PrDpettles 

Mountain Fuel Suppiy.-Cornparv 

To lay, maintain, opatate, repair, inspect, protect, ramove and replace 

pipollnte, vah/es, valve tK>xes and other gas transmission and 

. distribution-iac'dities through end across the above. 

January 6,1572 

February 3,1872 

• 296165 

10S/369-370 

: Section 13' 

JThejfliert^ttie_1969^armland AssesBmentAd, wherein there is a five year roll-back provision 

with regardto-'asssssmeritaridtEKBlidniwhlchb-eeomes-BfiBctive-Tipon-E-charigBln-use-ofall-or— 

part of eligible land, by reason of that oartain Annual AppBcatlon for Assessmem and Taxation of 

Agricultural Land -dated October 1,1973, and recorded October 16,1975, as Entry No. 302271, in 

Book 124, at Pags -313-314 of Offtdal Records. 

48. EASEMENT AND CONDITIONS CONTAINED THEREIN: 

Grantor 

Grantee; 

Purpose; 

Dated: 

Recoidad; 

Entry No.; 

The Anaoonda Company 

Utah Power and Light Company 

To construct, pperate, maintain and remove such communfcalion and 

otherfaoiniles upon, ovsr, undsrand across ths etxive. 

December 13,1974 

NovambarlO, 1S76 

315675 

Exhibit "D" 

Page 12 
Ent: 542948 - Pg 44 of £1 '-' 

Book/Page: 

LocsHon: 

\ -. 

. 144^485 

SBOlbn 19 

•^ • r 

; / 

Exhibit "D" 

Page 13 
Ent: 54294S - Pg 45 of 61 

Schedule B-It 

(continued) 

T.24104 

43. EASEMENT AND CONDITIONS CONTAINED THEREIN: 

Granton The Anaconda Company 

Gfantee; Mountain Staiss Telephone and Telegraph Company 

Purpose: To construct, operate, maintain and remove sucli communication and 

other facilities upon, over, under and across the a'oove. 

Dated: Febnjary 16,1977 y --.^ 

Reoorded; • April 12,1977 . '.'' 

Entry No.: . 317719 \,. •• 

Book/Page; 147/563-8 .• / '-\ 

Location: Section 19 &23 ' v ••.. ' 

. SO, BOUNDARY LINE AGREEMENT . ./•'" ''-- ' ''x ' . 

Grarrtor. The AnaoondeCompany.-a Montana oorporationariti.j'JawMlnflham 

Mary Mining Company, a Utah corporation '••-,. / ' 

Grantaa; Kennecott Copper Corporatton, a New'Ybr1< corporation ' ..•' 

Purposa; • Eatebllshing vertical boundary Dnse./ '" -^' 

DatBd: November 28,1973 

Reoorded: Dec8mber14,1979 

Entry No.: 335027 -. ' 

Book/Page; 178/73-156 -y -•». ' . \ ' /' 

LocallDn: Sscb'ons 19,24 & 30-.., ' ";/ ' 

51. ' EASEMENT AND CONDmONS CONTAINED THEREW: ..''' 

Grantor: Atlantic Richfield Company 

Grantee: Utah Power and Ligtit Company ^' 

Purpose; _ To construct, opereie,.-mairi!aln and nsmove such communication end 

--'"'••.. • other facilities upon, over, under and Boroas the above. 

Dated: -. December 10,1982 .',••• 

Rocorded: • Janu&ry24,1fiB3 ' ' 

Entry 4.tal. 354533 ' - • '' 

Book/Page;" -v ., 207/642-6 

tocatSon; ••., -SecBORsT, 1&&19 

\ . . •"._ ., ' 

52. Subjsctto thai Lease y^iBBmertdated May 23,1991, whsraby AtlBtitks Richfield Company has 

grBntedto Tooele Gun Club a ninety-nine year lease covering a portion of the Pmpert/for use as 

a sun club,' as stated In that Certain Conservation Easement recorded D5oember27,1934 es 

Entry No.' 07G906, '\ ' /' 

63. SubJBctto a Lease dated Febnjary 5,1992, whereby Atlantic Riohfield Company has granted to 

the City of Tooele, Utah a ninety-nlne year lease covering a portion ofthe Properly Ibr the 

purpose of a poTise pistol range, as stated in that certain Conservation Easement reoorded 

DeDSmber27, 1994 as Entry No. 070906. 

54. Subjactto a Grazing l^ease made efTecUve February 14,1992 granted to Gus and Louis Buzianis, 

dba G & L i^nch for grazing rights, as staled In that certain Conservation Eaaement recorded 

Daoamber 27,1994, as Entry No. 07090E. 

ExWbit "D'^ 

Page 14 
Ent: 542946 - Pg 46 of 61 "' 

Schedule B-II 

(conflnued) 

55. EASEMENT AND CONDITIONS CONTAINED THEREIN: 

56. 

Bt. 

T-24104 

Grantor; Atlantic Richfield Company, a Delaware corporation 

GrantBe; State of Uteh, acting through Its Dlwsion of VWIdllfe Resources 

Puipose: PieservatiDn, pmtectkin, or enhanoemBnl of land In lis natural, aoanic, or 

open space condltibn. 

Dated: April 29,1694 • .^^ ~% 

Recorded; December 27,19B4 •'••'' 

Entry No.: 070906 - /v ' • 

BoDk/Page: 388/109-121 . ','' '•\^ '-••. 

LooaiiDn: A)J SecSojts (Also affects Seclion 24 net j.i> oiir report. 

The ARCO Environmental vesting as shown is subjactto recording to Power of Attomey for 

Atlantic RlctrfiBld to Robert c. Robertson and from Ch-Twenty Inc. to Patiiok'a. Brophy to make 

lest two convoyances to get to ARCO Environmental flow In tlje chain of title. ^. /' ' 

''.'^' 

EASEMENT 322S17 ' •, .,'' "'•' •' 

As to Sections 7,18. 

NOTE: The following names were dieakedfor tax tens and-Judgments in the TOOBIB County 

Reconds and Courts snd none'werc found of record except those listed above. 

NOTE: Any bes or dBmagaffisulfinglrom claimB made against the Insured titla ioased upon 

operation of federal bankruptcy state Insolvency or similar cnedltors rlgfits laws. 

NOTE: Amlnimum.CanoellatiorrFeeof$20D.t>OwWbBdusfind payableltnoTKlePoBoy Is 

•• Issued foilDvyIng receipt of this report' Said Cancellation Fee, wtien paid will be oppiied as a 

credit toward the premium oharges on the TMle insurance Policy Issued In connection wtth this 

CommftmBrrt within ste (6) months ofthe dais of this CommltmBnt. 

Tooels Title Company would Bks lo thank you for letting us serve you. If you have any questions 

nsgaidlng ttiisfiie please' contactthe foilowirg personnel at 435-BS2-1120: 

.y- -

THIe Examlner/OSieer: Jeny Houghton 

Escrow Officer; Alison McCoy 

Exhibit "D'^ 

Page 15 
Ent: 542946 - Pg 47 of 61 

T-24-ID4 

Exhibit "A" 

(Legal Description) 

TliB following dcBciibedrDalpropertj' looatedin-fce CausQ' of Tooele j .State ofUtali. 

To-wUEbip 3 So-uth, lElasgc 3 'West, SaltliSkc MerMlan 

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

SftCtionlB: AH - ' ' . y 

Section 19; Lots 1-4,E/2W/2,NE.N'/2SE ' ' \ \ 

SectiDnSD: Lot 5 

V, 

I 

Township 3 South, £ange 4 West, BaltLake-Itferidias 

Scctioa 12: SE, Lot 1 Conserve Mnor Suidivisiair(parf) 

.'•^ , \ 

J ' 

/ - • 

\ 

Section 13: 

SecficmW: 

Section 23: 

E/2, E/aSW, SWSW, Lot 1 Conservo Minor S-ubdiTision (part) and a tract 

beginrrrng et tbc sodiiBaEt comer of-be KWSW, tocnoe Soxifi 1320 feet; -flap.aoe 

•Wesi'l320feettiience>iQrlii 1095 feef, thence East 750 feet; thfiDccNoriii 225 

feet, tiienoB-Eart 570.fcet-t&1iEpoiBi'bf bsgiBiung. 

S/2S-W,SWSE 

NESE 

/ 

•.AlSOTataa'ffl3ie"SffiNWl)egkBihig"Et^e-BonliieBBtcoinEr-of-te^ 

quarter of Sectioa23, ftence'NQrtlh.937.0 fcK aJongtiic quarter section 

-V. line; thsnce soBth.'wsstErJy along the Boufhline of thelu^way 1716,0 fes^ 

' -tiiBQceBaBt along tbs sonth line of thsnoitiiweBt queiter 1518.0 &et to tbe 

.point of beginning. Less and except; &at portion •windh lies -west of-Qie 

easterly boundary of JEiicBon Road. 

ALSO:ttract beginning at-Ehe morti-west comer of Section 23,-ftience Soutii 82.5 

feet -ffcusncs East 1980 feet; thence Soifli 594-fcet; fiiencsEast 1633.5 feel; 

. thence Bouthwcstsriy 907.5 feetto apoiat on-ftie east--west qnaitea: quarteff 

line; Ijienoe "West 330 feet thenoe Soufix 1320 feet; -fliance'East 1320 fiart; 

Exhibit "D" 

Page 16 
Ei-it: 54294 8 - Pg 4a o f 61 ^ 

thmnaNoitii 264^3 feei; West 3960 fijet to-flie point of beginniQg. Less 

and except: thai portioa -wifluD tbe S'WNE thai lies WESierly of fee 

easterly bmindary line of Ericson Efiafi. 

ALSO: E/2NBLess and except: a-tractbeginningatapointS89D25'W 1032 feet 

firom fee northeast comsr of SectiDn 23, feence S89D25 'V 293.75 feet, 

fkauM SDn4«'E 331.5 feci, fcesice N43 D55'E281-fest, thence N35n51'E 

162 fisctto point of begimmg. ''••'' 

SectiDn 24: Lot 1, ITW, Ny2NE, SWSE, SESW, S/ZNE, IsTy^'S/S, less and except a lOD foot 

Vri.de strip fer high"WE.y. \ ' \ 

-%^ y 

y 

y 

•I' l 

\ . 

Exhibit "D" 

Pagel? 
Ent: S4S94a - Pg 49 of 61t/ ^ 

ALTA Commitment Schedule B II ' 

SCHEDULE B . SECTION II 

EXCEPTIOMS 

T-24104 

The policy or policies to be Issued -will contain exception's-to the following unless any of these exceptions • 

are disposed of to the satisfaction ofthe Company. 

1. Taxes or essessments which are not shown as existing liens by the recoids of any taxing 

authority that levies faxes or assessments on real property or by the Public Records, Proceedings • 

by a public agency, -which may result in taxes or assessments, or notices of such pnsceedings,-

whether or not shD\vn by the records of such agency or by the Public Records. 

2. Any facte, rights, interests, or claims wliich are not shown by the Public Records, but which could 

be ascertained by an inspection ofthe Land or by making inquiry of persons in possession 

thereof. 

3. Easements, liens, or encumbrances, or daims thereof, which are not shown by the Public 

Records. ' • 

4. Any enoroachment, encumbrance, violation, variation, or adverse circumstance affet:nng the Title 

that would be disclosed by an accurate and complete land survey of the Land and not shown by 

the Public Records. 

5. (a) Unpatented mining claims; (b) reservatjons or exceptions in patents or in Acts authorizing the 

issuance thereof; (c) water rights,- claims, or title to water, whether or not the matters excepted 

under (a), (b) or (c} are shown by the Public Records, 

6. Any lien or right to a lien for services, labor, or material heretofore or herea-fter furnished, imposed 

by law and not shown by the Public Records. 

7. Taxes of tiie year 2D09 are now a lien, not yet due. 

Taxes of the year 200B were state assessed and paid in the amount of $585.02. 

"Under State-Seria|-Nor9B-0BQ-0'0[343 

Encompassing Tooele Counts Property Tax Serial Nos.: 

03-O02-O-ODDS 

03-003-0-OOD2 

03-019-C)-OOD5 Subject to the affect of this parcel being incorrect described on the Record of 

Assessment by the Utah State Tax Commission 

Taxes of tie year200S were state assessed and paid in the amount of $597>35 

Under State Serial No. 9B-000-O-007B 

Encompassing Tooele County Property Tax-Serial Nos.: 

'03-003-D-DOD3 

03-0D4-O-OD05 

03-018-0-0D05 

03-019-0-0001 

03-019-0-0003 

03-020-O-OO01 

03-031-0-0006 

03-031-O-0D07 

03-031-D-D010 

03-033-0-0001 
Ent: 542946 - Pg 50 of 61 '^ 

Schedule B-ll 

(continued) 

' T-24104 

Taxes of the year 2006 were exempt as to Tooele County Property Tax Serial No. 

03-003-0-0007. 

Taxes cit.tiiie year 200B were paid in the amount of $3;25D.72. 

IJnder Tooele County PnDperty Tax No. 03-033-O0D05 

B. Said property is situated within.the .boundaries of thie Tooele County Mosquito Abateme-nt.District 

and is subject to assessment thereof. Said assessment is cun-ent at this time. : 

9. Said property Is situated within the boundaries of the North Tooele County Fire Protection.District 

. and js subject to assessment thereof,. Said assessment .is cun^nt at this time. , '. 

10. Subject to right, title and interest of Kennecott Mining Corporation and Kennecott Co.rporatiori ss 

disclosed in that certain deed recorded In Book 254, at pages BBD-719. {affects Sections-23 and . 

24)- .. . . • .. . 

,11. Subject to right, title and interest in and to that certain Option Agreen\ent record in Book 91, at -

pages 354-359 and pages 370-3B3. {affects Section 12). 

12, Reservation and condition s as disclosed in the patents from the United States of America and 

the State of Utah as recorded in tiie following Books and Pages, all in Township 3 South, Range 

3 West, Salt Lake Base and Meridian. 

No. 1/403, No. 1/6B, 3-K/153 (all in Section 7) 

No. 1/408, No, 1/6B, No. 1/73, No, 1/84, No. 1/145, 3-C/404, No. 1/67, 3-L/5B5-S (all In Section 

18) • • 

BB/49S-9, No. 1/B4, No. 1/111, 3-C/176, 3-J/10. No. 1/151 (affect SeiDtion 19) 

3-J/11 (Section 30 

3-2/161 (Section 12) 

Z/2BB, No. 1A73, 3-J/18, 3-0/321 (Section 13) 

l>io.-iyj34,-N.a_iy4fi, No. 1/161 ,_3,-E/5D4, No. 1/61, No. 1/134 (Section 23) • -

N o . 1/46 (Sectio n 14 ) " ~ ; -'r - --:•.- ---,-• 

13. The perpetual right, privilege and easement of operating its smelter at or near (the mouth of Pine 

Canyon) and of discharging therefrom gases, fumes, smoke and any other substances as may be 

emitted therefrom without incurring liability' to"the first parties, as granted by Easement recorded . 

in tiie following Books and Pages and any and all subsequent Notices of interest 

3-K/4B7-471, B/475, B/501 (all in Sectjon 7) 

B/431, B/484. B/499, B/500 (Section IB) 

B/482, B/394, B/406, B/407, B/4B2, B/495, B/5D0, C/141,106/413^,' 106/425-6 (Section 19) 

B/394, B/395 (Section 30) 

3-K/457-471, B/50D, S-CSSI, B/394, B/460, B/4B2, B/5DB (Section 23) 

B/49B, B/5DB (Section 14) 

No examination is hereby made to the present own&rship of said easement, notice or claim,.or 

other documents pertaining thereto. 
Ent: 54B94e - Pg 51 of 61 ^ 

Schedule B-II 

(continued) 

T-24104 

14. 

15. 

EASEMENT 

Grantor. 

Grantee: 

Purpose: 

Dated: 

Recorded: 

Entry No.: 

Book/Page: 

Location: 

,^ND CONDlTiONS CONTAINED THEREIN: 

John A. Bevan and Letitla M. Bevan (wife) 

the Tellurtde Power Company, a Colorado corporation 

The right to erect, operate and maintain electric power transmission and 

telephone circu'its and appurtenances, attached to a double line of pole 

opother supports. . 

September 2,1907 

September 3,1909 

135590 

A/1B7 -

The North half of tiie Northeast quarter of Section 1B, Township 3 South, 

Range S West, Salt Lake Meridian. 

EASEMENT 

Grantor. 

Grantee: 

Purpose: 

Dated: 

Recorded: 

Entry No.: 

Book/Page: 

Location: 

John A. Bevan and Letitia Wi Bevan,' his wife and John A. Bevan, Jr. and 

Ahnie E. Bevan, his wife 

International Smelting Company, a corporation 

June24,1B16 

June 2B, 1916 

151316 

C/144-5 

Section 23 

IB. Reservations containedin that certain Patent, recorded June 2B, 1922 as Errtry No. 16797B, In 

Book 3-M, at Page 40B, or Official Records, and reads In part as follows: Also' subject to any and 

all easements and rights of way that now burden said land or exists upon the same, including all 

publ'ic roads, rights of way for power lines, pipe lines and the like, and all irrigation ditishes now • 

upon said land. Said grantee agrees for himself, his heirs, personal representatives and assigns 

thatlfaeJaDd,he.rBinabo.ve.cpnyeyBd_siiall never be used for grazing purposes, arid that this shall 

be a covenant running witii the land. (Sections 7"aiTd~1"3) '- T 

17. EASEMEI-JT AND CONDITIONS CONTAINED THEREIN: 

Granton 

Grantes: 

Purpose: 

Dated: 

Recorded: 

Entry No.: 

Book/Page: 

Location: 

EtiJe WhitehouseWasatch Gas Co.. a Utah corporation 

To lay, maintain, operate and remove pipe lines with the right of ingress • 

• and egress to and from said right of way, over and through the following 

described ti-act of land. 

Septembers, 1929 

September 30,1929 ' ' 

1B5049 

3-Q/5S8 

Section 13 
Ent : 54294a - Pg 5£ of 61 y 

Schedule B-11 

(continued) 

T-24104 

16. EASEfvflENT AND CONDITIONS CONTAINED THERSN: 

19, 

20. 

21. 

GrantorGrantee; 

Purpose; 

Dated: 

Recorded; 

Entry No.; 

Book/Page; 

Location: 

Lyman A. McBride and Ids P. McBride, his wife, and Robt-H. Smith and 

Janst Smfth, his wife 

• Wasatch Gas Co., a Utah corporation 

To lay, maintain,, operate and remove pipe lines with the right of ingr3ss 

ahd egressto and from said right of way, over and through the following 

described tract of land. 

September 3,1929 

September 30,1929 

186050 

3-07588 

Section 13 • . ; 

EASEMENTAND CONDITIONS CONTAINED THEREIN: 

Grantor. 

Grantee: 

Purpose: 

•Dated: 

Recorded: 

Entry No.: 

Book/Page: 

Location: 

•Warren Grover McBride, and Zella McBride, his wife 

•Wasatch Gas Co.,-a Utah corporation 

To lay, maintain, operate and remove pipe lines witin tiie right of ingress 

•and egress to and from said right of way, over and thncugh tiie fallowing 

described tract of land. 

Septennber9,1929 • 

September 30,1929 

18605B 

3-Q/591 

Section 13 

EASEMENTAND CONDITIONS CONTAINED THEREIN: 

Granton 

Grantee: 

Purpose: 

Dated: 

Recorded: 

Entry No.: 

Book/Page:-

Location: 

Elijah 0. Spray and Jessie.Spray, h'ts wife • 

Wasatch Gas Company 

To lay, maintain, operate, repair, inspect, protect, remove and replace 

•pipelines, valves, valve boxes arid other gas transmission and 

. distrifcajtion facilities through and across the above. 

August28, 1929"~ ~ " -; 

September 30,1929 

'186048 - • 

3-Q/587 

Section 23 

EASEMENTAND CONDITIONS CONTAINED THEREIN: 

Grantor. 

Grantee: 

Purpose: 

Dated; 

Recorded: 

Enti7 No.: 

Book/Page: 

Location: 

George W. Smitli and Wlabel Smith, his wife 

Wasatch Gas Company 

To lay, maintain, operate, repair, inspect, protect, remove and replaoe 

pipelines, valves, valve boxes and other gas transmission and 

distribution facilities through and across tiie above. 

August 28, 1929 

September 30, 1929 , 

1BB047 

3-Q/5B7 

Section 23 
Ent: 54^946 - Pg 55 of 61 y 

Schedule B-II 

(continued) 

T-241D4 

22 ' EASEMENT AND CONDITIONS CONTAINED THEREIN; 

Grantor. T. 0. Spray and Jane M. Spray, his wire 

Grantee- ' Wasatch Gas Company . " ' , " , 

• Puroose- To lay, maintain, operate, repair, inspect, protect remove and.replace 

' . • pipelines, valves, valve boxes and otiier gas transmission and 

•'.•'•.,'.• . ; . distribution facilities-through and across the above. 

Dated:- -August 24,1929 •,'.•.•.'. 

Recorded; • September 30,1929 

Entry No.; 1B6D46 

Book/Page; 3-Q/5B6 

Location: Section 23 

23 EASEMENTAND CONDITIONS CONTAINED THEREIN; ' 

GrantiDr. .u. p. Haffenreffer and L, Maude Haffenrefrer, his wife . 

Grantee- 'Wasab^h Gas Company ' ' j , ,.„ 

• Puroose- To lay, maintain, operate, repair, inspect protect, remove and replace 

^ ' pipelines, valves, valve boxes and other gas ti^nsmission and 

' . - idistribution facilities through and across the above. . 

Dated; - • November 1, 1929 

Recorded: November IB, 1929 

Entry No.: 1BB547 

Book/Page: E/312^13 

I Location; Section 13 

I 24 EASEFv/lENT AND CONDITIONS CONTAINED THEREIN; ' 

Grantor F. F, Haffenreffer and L. Maude Haffenreffer. his wife 

' Grantee: Utah Apex Mining Company 

Dated; February 15,1937 

Recorded; February 25,1937 

Entry No.: 205967 

Book/Page: .. 3-U/480-1 

Location: Section 7 

• The said Utah Apex Mining Company agrees for -liseli. its successors and assigns that tfie land 

• hereinabove conveyed shall never be used for grazing purposes, and tiiattnis shall be a 

covenant running with the land. 

25 EASEMENT AND CONDITIONS CONTAINED THEREIN: 

'. Grantor.- £li Edison Bevan, Sadie Shields Bevan 

Grantee- state Road Commission of Utah 

Purpose: Rghtofwayforhighway known as FAS. Project No. 14 

Dated: December 13,1937 

Recorded: ,Februar>'1,1S3B 

Entry No.; 208492 

Book/Page: 3-Y/1ie 

Location: Section 13 
Ents 542946 - Pg 54 of 61 

Schedule B-11 

(continued) 

T-24104 

'26. EASEMENT AND OONDITIDNS'CO.NTAINED THEREIN: 

Granton T. O. Spray, an unmarried man 

Grantee;. State Road Commission of Utah 

Purpose;.' Rightof-^wayfor.highway known as F.A.S, Project No, 14" 

Dated:" - -'Decem'Der'IS, 1937. 

Recorded; February 1,1838 

• Entry No.:- . 206494 

Book/Page: 3-Y/11B-9 

Location: Section 13 

27, EASEMENTAND CONDITIONS CONTAINED THEREIN: 

Granbar. • E. 0. Spray & Jessie Spray, his wife 

Grantee: • State Road Commission of Utah 

Purpose: Right of way for highway known as FAS. Project No. 14 

Dated: January 3,183B'-" -'• • ' 

Reconded:. • Febnjary 1,193B , 

• • Enti7 No,: • 20B491 

Book/Page; 3-Y/121-2 

Location: Section 13 

2B. EASEMENT AND CONDITIONS CONTAINED THEREIN; 

Grantor. International Smelting and Refining Company, a corporation of Montana 

Grantee: Tooele Valley Railway Company, a corporation 

Purpose; To construct, maintain end operate a railroad, together vi/fth ne-cessary 

cuts, fillB, tsiegraph and telephone poles and wires. 

Dated: January 31,1938 

Recorded: March 1,1S3B 

Entiy No.; 208576 

Book/Page: 3-Y/133-4 

Location: Section 13 

29. EASEMENT AND CONDITIONS COtvITAlNED THEREfN! ". ; 

Grantor. • International Smelting and Refining Company 

• Grantee: Tooele Valley Railway Company ^ 

Purpose; A perpetual easement and right of way to construct, .maintain and 

•operate a railroad, together with necessary cuts, fiils, telegraph and 

telephone poles and vflres. 

Entry No.: 208576 & 209155 . 

Book/Page: 3-Y/133-4 & 205 

Location; Section23 

30. EASEMENTAND CONDITIONS CONTAINED THEREIN: . ' ' 

Granton International Smelting aiid Refining Company, a corporation of-Montan» 

Grantee; State Road Commission of Utah 

Purpose; A right of way for highway known as F.A,S. Project No. 14 across the 

grantor's iand, 

Dated; February 1,193B 

Recprderi: MarchS, 193B 

Enti7 No.: 20B589 

Book/Page; 3-Y/140 

Location; Section 13 & 19 
Ent: 542948 - Pg 55 of 61 ' ^ 

Schedule B-Il 

. . (continued) 

T-24104 

31, ' QUIT-CLAIM DEED 0'F:TRUST - . ^ -. -• 

Grantor. . ••National Tunnel SL Mining Company 

, Grantee:- • •-Tooele Valley Railway Company, a corporation 

• . Dated: • -May fs, 1938 

Recorded; June 20, 1938 

Entry No.: 209155 

Book/Page: 3-Y/206 -' • : 

Location: Section 13 

32, EASEMENT AND CONDITIONS CONTAINED THEREIN:.^ 

Granton International Smelting and Refining Company • .• • 

Grantee: State Road Commission of Utah 

Purpose; - ..•• A right of vray for highway known as F,AS. Project No. 14.across tiie 

• grantor's land. • . 

Dated; • May 19, 1938 

Reconded; June 25,1938 

Entry No.: -209181 & 209190 

BooWPage; 3-Y/210-211 

Location: Sections 13 & 19 

33, EASEMENT AND CONDITIONS CONTAINED THEREIN; 

Granton Edson Bevan and Sadie Bevan, his wifa 

Grantee: intemational Building Association, a corporation of Utah • 

Purpose: Grantee desires to oonsfuct a diti:h across tiie land owned by Grantors 

and located in tiie S % of NW % of Section 23, T. 3 S., R. 4 W., S. L B. 

& M, Tooele County, Utah; and the Grantors are willing ta grant to 

Grantee a right and option to purchase, in addition to the fifty (50) foot 

strip, all the land of Grantors lying Norttisrly of said fifty (50) foot stiip. 

Dated; December23, 1S39 

Recorded; December 23, 1939 

-• Enfev No.: 211693_ 

Book/Page;- . E/506-7 — -^ 

Location: .• •• Sections 23-

34. • EASEME-NT-AND CONDITIONS CONTAINED THEREIN; 

Grantor. international Smelting and Refining Cbmpapy, a corporation of Montana 

. Grantee: • Tooele County, a municipal corporation ofthe State of 'Utah 

Purpose: For the ourpose of constructing and maintaining a county' rciad thereon. 

Dated; September 24,1941 

Recbrded: November 5,1941 

Entiy No.: 214574 

Book/Page: 3-Z/202-3 

Location: Section 13 
Ent5 542946 - Pg 56 of 61 -^ 

Schedule B-II 

(continued) 

T-24104 

'35, EASEMENT AND CONDITIONS CONTAINED THEREIN: 

Granton International Smelting and Refining Company, a Montana corporation 

• Grantee; • Tooele.County, a municipal corporation ofthe Stste-of Utah ••.. 

Purpose: Right-of-way for a public highway 

Dated;-. August 30, 1943 

Recorded; Septembers, 1943 

Enti^No.; 21758B 

Book/Page: 3-2/B12 . - . 

Location: Section 18 

The property he.reby conveyed shall revert to the grantor, lis successors and assigns whenever 

the same shall cease to be used es a public highway. • • • , -

36, • EASEMENT AND CONDITIONS CONTAINED THEREIN: 

Grantor: Anaconda Copper Mining Company, a Corporation of the State of 

Montana 

Grantee: . Mountain Fuel Supply Company 

Purpose; To lay, maintain, operate, repair, inspect, protecL remove and replace 

pipelines, valves, valve boxes and other gas transmission and 

distribution fecillties tiirough and across the above. 

. Dated; April 23,1952 

Reconjed; April 29,1952 

Entiy No.: - 2315B2& 231583 

Book/Page: F/411-3 

Location; Section 13 

37, EASEMENT AND CONDITIONS CONTAINED THEREIN: 

Grantor, international Smelting and Refining Company, a corporation of Montane 

Grantee: Mountain Fuel Supply Company 

Purpose: To lay, maintain, operate, repair, inspect, protect, remove and replace 

' pipgljneg, valves, valve boxes and other gas ti3nsmission and 

distiibution iBciiities through ana across tnelbTJveT 

Dated; April 7.1952 

ReconiEd; April 29, 1952 

Entiy No. . 231586 

. Book/Page: . • F/414 

Location; Section 14-

38-- EASEMENTAND CONDITIONS CONTAINED THEREIN: 

Grantor. Intemational Smelting and Refining Company 

Grantee: Mountain Fuel Supply Company 

Purpose; To lay, maintain, operate, repair, inspect, protect, remove.and replace 

pipelines, valves, vaive boxes and other gas transmission and 

distribution facilities through and.across the atxsve. 

Dated; •• April 7,1952 

Recorded: ApnT29,1952 

Entiy No.: 2315B4 &2315B7 

Book/Page; F/413,4l5-6 

Location; Section 13 
Ent: 542948 - Pg 57 of 61 '^' 

Schedule B-II 

(continued) . 

T-24104 

39, EASEMENT.AIMD CQNDITIONS CONTAINED THEREIN: 

40. 

Grantor. 

Grantee; 

Purpose; 

Dated: 

Reconied; 

Entiy No.: 

Book/Page: 

Location: 

Toosle Valley Railway Company, a corporation ofthe Sate of Utah 

Mountain Fuel Supply Company 

•To lay, maintain, operate, repair, Inspect, protect, remove .and replace 

pipelines, valves, valve boxes and other gas transmission and 

distribution faciiities through and across the above, -

April 22, 1952 

April 29, 1952 

231586 

F/414-5 

Section 13 • -•:.,•• • 

EASEMENTAND CONDITIONS CONTAINED THEREIN: 

Grantor. 

Grantee: 

Purpose: 

Dated: 

Recorded; 

Entry No.: 

Book/Page; 

Location: 

International Smelting and Refining Company, a corporation ofthe State 

of Montana 

Utah Power and Light Company 

To construct, operate, maintain and remove such communication and 

other facilities upon, over, under and across tiie above. 

March 2, 1954 . 

March 23,1954 

236D3B 

G/34 

Section 23 

41. EASEMENT AND CONDITIONS CONTAINED THEREIN; 

Grantor. 

Grantee: 

Purpose: 

Dated: 

Recorded: 

_EntQMvJa^ 

The Middle Canyon Irrigation Company of Tooele County, Utah 

Utah Water and Power Board 

Easement for Water System 

April 29, 1955 

Aprir21,19B1 

.257622 

Book/Page: 

Location: 

• 24/550 and 16721 ^ ~ •—'• 

Sections 13, 14 and 23, Township 3 South, i^nge 4 West, Salt Lake 

Base and Meridian 

42. EASEMENT AND CONDITIONS CONTAINED THEREIN: 

Grantor. 

Grantee: 

Purpose: 

Dated; 

Recorded: 

Entry No. 

Book/Page: 

Location; 

Intemational Smelting and Refining Company, a corporation of Monlana 

Mountain Fuel Supply Company . 

To lay, maintain, operate, repair, Inspect, protect, remove and replaoe 

pipelines,-valves, valve boxes and other gas transmission and 

distribution facilities through and acrciss the above, 

May12. 1B65 

-June 2, 1955 

274680 

59/562-5 

Section IB. 
Ent: 542946 - Pg 56 of 61 y 

Schedule B-ll 

(continued) 

T-241D4 

43. EASEMENTAND COWDmONSCONfTAlNED THEREIN; 

Grantor; -The'Anaconda Company 

Grantee; Utah Power and Light Company 

Purpose: To constmct, Operate, maintain ahd remove such communication and 

' •• •' other facilities upon, over, under and across the above. 

Dated'; August 9, 1967 - • 

Recorded; January 9, 1968 .. . 

Entiy No.: ' 2B2S34 

Book/Page; 77/490 

Location: Section 13 

44. EASEMENT AND CONDITIONS CONTAINED THEREIN: , ' ' 

Grantor 

CSrantee: 

Purpose; 

Dated: • 

Recorded: 

Entr^/ No.: 

Book/Page: 

Location: 

Intemational Smelting and Refining Company, a corporation of tiie State 

of Montana 

Utah Power and Light Company 

To constiTict, operate, maintain and remove such communication and . 

other facilities upon, over, under and across the above. 

October 16,1967 

January 9,1968 

282832 

77/488 

Section 23 

45. EASEMENTAND CONDITIONS CONTAINED THEREIN; 

Grantor. 

Grantee: 

Purpose; 

Dated: 

Recorded: 

-Entiy-No,;— 

Book/Page;-

Location; ' 

Frank T. Summers and Lorraine T. Summers 

Wiounxain States Telephone and Telegraph Company 

To construct, operate, maintain and remove sucti communication and 

other facilities upon, over, under and across the above. 

April 29,1969 

July 1,1969 

-2B7332 • 

57/558 

Section 23 

46. EASEMENT AND CONDITIONS CONTAINED THEREIN; 

Grantor 

Grantee; 

Purpose: 

Dated; 

Recorded: 

Entry No. -

Book/Page: 

Location: 

K&KProperties 

Mountain Fuel Supply Company. 

To lay, maintain, operate, repair, inspect, protect, remove and replace 

pipelines, valves, valve boxes and other gas transmission and 

disti-ibution facilities through and across the above. 

January 9,1972 

February 3, 1972 

29B166 

109/369-370 

Section 13 

47. . The effect of tiie 1969 Farmland Assessment Act, wherein there is a five year roll-back provision 

with regard to assessment and taxation, which becomes effective upon a change in use of all or 

,/ part of eiigible land, by reason of that certain Annual Application for Assessment and Taxation of 

AgricultiJral Land dated October 1,1973, and recorded October 10.1973, as Entry No. 302271. in 

Book 124, at Page 313-314 of Official Records. 
Ent : 342946 - Pg 59 of 61 

Schedule B-ll 

(continued) 

T-24104 

48, EASEMENTAND CONDITIONS CONTAINED THEREIN: . 

50. 

Granton : 

Grantee; 

Purpose: 

Datedr • 

Recorded: 

Entiy No.: 

Boole/Page; 

Location: 

The Anaconda Company . • •• 

Utah Power and Light Company ' 

To construct, operate, mainia'm"and remove such communication and 

other.faciiities upon, over, under and across the above, 

December 13, 1974 

November 10, 1976 

315675 

144/495 

Section IS 

49. EASEMENT AND CONDITIONS CONTAINED THEREIN: 

Grantor • 

Grantee: 

Purpose: 

Dated; 

Recorded: 

Entry No.; 

Book/Page: 

Location: 

The .Anaconda Company 

Mountain States Telephone and Telegraph Company . • 

To constiiict, operate, maintain and remove such communicatian and 

otiier facilities upon, over, under and acnjssthe above. 

February 16,1977 

April 12,1977 

317718 

147/563-8 

Section 19 & 23 

BOUNDARY LINE AGREEMENT 

Grantor 

Grantee: 

Purpose; 

Dated: • 

Recorded; 

Entiy No.: 

Book/Page: 

The Anaconda Company, s Montana corporation and Nev/ Mingham 

Mary'Mining Company, a Utah corporation 

Kennecott Copper Corporation, a New Yortc corporation 

Establishing vertical boundary lines 

November 29, 1973 

December 14,1979 

335027 

178/73-156 

Location; Sections f9,24 & 30" 

51. EASEMENT AND CONDITIONS CONTAINED THEREIN; 

Grantor 

Grantee: 

Purpose: -

Dated; 

Recorded: 

Entiy No.; 

Book/Page; 

Location: 

Atiantic Richfield Company 

Utah Power and Light Company 

To construct, operate, maintain and remove such communication and 

other facilities upon, over, under and across t'ne above. 

Dec&mberlO, 19B2-

January24,1983 

354533 

2077542-6 

Sections 7, 18 & IB 

52. Subject to tiiat Lease Agreement dated May 23,19S1, whereby Atiantic Richfield Company has 

granted t3 Tooele Gun Club a ninety-nine year lease covering a poriJon ofthe Property-fiaruseas 

a gun club, as stated in that Certain Consen/ation Easement recorded December27,1BS4 as 

Entiy No. 070906. 
Schedule B-II 

(continued) 

Ent: 542948 - Pg 60 of 61 "^ 

T-241D4 

53 Subject to a Lease dated February 5,1992, whereby Atiantic Richneld Company has granted to 

the City of Tooele, Utah-a ninety-nine year lease covering a portion .of the Property lor the-^ • 

purpose of a police pistol range, as stated in tiiat certain Consan/stion Easement recorded . 

. DBCBmbBr27'1994 as Entiy No. 070905. 

54 Subject to a Grazing Lease made effective Februari' 14,1992 granted toGus and Louis Buzianis, 

dba G & L Ranch for grazing rights, as stated in that certain Consen/afaon Easement.recorded 

December 27,1994, as Entry No, 070906. 

55 EASEMENT AND CONDITIONS CONTAINED THEREIN: 

Grantor Atlantic Richfield Company, s Delaware corporation 

Grantee- State of Utah, acting tiirough ite D'lvision of Wildlife Resources 

Purpose; Preservation, protection, or enhancement of land in its natural, scenic, or 

open space condition. 

Dated: • April 29,1994. • 

Recorded;^ • DecembBr27.1994 ' ' 

Entry No.; • 070906 

Book/,»age; 3SB/109-121 ' 

Location; All Sections 

56. The ARCO Environmental vesting as shown is subject to recording to Power f Attorney for 

Atiantic Richfield to Robert E. Robertson and from Ch-Twenty Inc. to Patnck J. Brophy to make 

last two conveyances to get to ARCO Environmental flow in the chain o, titie. 

57 AMENDMENT TO CONSERVATION EASEMENT 

Dated: August 28,200B 

Recorded: March 17,2009 

Entry No.; • 322317 

5B RECORD OF SURVEY PLAT LINCOLN CUUNARY WATER ASSOCIATION 

Recorded: July.2D, 2009 

EntijLNp.,^ • 329557 

A^ to Sections 12, 13 

59 Subject to a Patent from ti e UnHed States of America being issued and placed on recond to 

complete the chain of title forthe Soutiieast Quarter of Section 12, Township 3 Soutii. Range 4 

West, Salt Lake Base and Wleriolan. 

50. Subject to the affect of Assianment, Conveyance and Bill of Sale recorded June 4,1997, as Entiy 

No. 97386 not being abstracted to all described parcels. 

61. Subject to the affect of Assignment, Conveyance and Bill of Sale recorded June 27,1997, as 

Entiy No. 9B12D not being sbsti-acted to ail described parcels, 

BZ Subject to Tooele Titie Company receiving a copyof the Plat or survey of Conservo Minor 

Subdivision for review to detennine location, ownership and if additional exceptions will- be 

required, 

63. Subject to easements, rights of ways, building setbacks and notes as may be disclosed oh the 

plat'of said subd'Msion. 
Ent: 542946 - PD 61 of 61 y 

Schedule B-ll 

(continued) 

• T-24104 

NOTE: The following names were checked for tax fiens and judgments in the Tooele County 

Records and Courts and none" were found of record except tiiose listed above. ' -• • 

ARCO ENVIRONMENTAL REMEDIATION, LLC. 

TOOELE COUNTS CORPORATION ^ •'••. • 

ATLANTIC RICHFIELD COMPANY . . • • 

NOTE:.Any loss or damage resulting from claims made against the insured titie based upon 

operation of federal bankruptcy state insolvency or similar creditors rights laws, . - • 

NOTE; A minimum Cancsllatior Fee of •52DD,00 v/111 be due and payable If no Trtle Polioy is 

'issuedfollowing receipt of this report: Said Cancellation Fee, when paid will be appliedas a 

credit toward the premium charges on the TiCe Insuiance Policy issued in connection with this 

Commitment wiUiin six (6) montiis of tiie date of this Commitment. 

Tooele Titie Company would like to^tiiank you for letting us ser/e you. Ifyou have any questions 

regarding this file please contact tiie following personnel at 435-882-1120; 

Titie Examiner/Officer Jerry-Houghton ' 

Escrow Ofiicsr Alison McCoy