1162673-R8 SDMS 

CONVEYANCE /^ D ENVIRONMENTAL COVENANT AGREEMENT 

THIS CONVEYANCE AND ENVIRONMENTAL^OVENANT AGREEMENT (the 

"Apreement"^ is made and entered into as oftbe^/y^ay of '*Q'*-jc— 2010, by and 

between Atlantic Richfield Company, a Delaware corporation ("AR3, and Zions Farm, L.C., a 

Utah limited liability company ("ZFC"\ and this Agreement is executed in coimection with the 

following facts: 

RECITALS: 

A. AR owns certain real property located in Tooele County, Utah, and more 

particularly described on Exhibit "A" hereto (the "AR Property"). 

B. AR desires to convey the AR Propeity to ZFC on the terms and conditions set 

forth herein. 

C. ZFC currently owns certain other real property tliat requires certain maintenance, 

which is located in Tooele County, Utah, and is more particularly described on Exhibit ''B" 

hereto (the "ZFC Propertv"y 

C. In exchange for AR's conveyance of the AR Property, ZFC is also willing to 

enter into the Environmental Covenant (defined in Paragraph 2 below) and perform certain 

monitoring and maintenance of the ZFC Property on the terais and conditions set forth herein. 

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of 

which are hereby acknowledged, AR and ZFC hereby agree as follows: 

1 • Conveyance of the AR Property. Concurrently with the execution and delivery of 

this Agreement and of the Environmental Covenant, AR shall convey title to the AR Property to 

ZFC pursuant to that certain Quit Claim Deed attached hereto as Exhibit "C" (the "Deed"). 

2, Title/Title Insurance and Condition of/^ Property. 

(a) AR makes no representation or warranty of any nature with respect to the 

title to the AR Property. 

(b) AR has procured a title commitment.dated tAeWj^U 1^. 2010 (Commitment 

No. 16519) from B&D Title Co. of Tooele on behalf of Ticor Title Insurance 

Company (the "Title Company") naming ZFC as the proposed insured and 

committing to insure title to the AR Property in ZFC following conveyance of 

the AR Property to ZFC pursuant to this Agreement, subject only to the terms 

and conditions set forth therein (the "Title Commitment"). ZFC has reviewed 

the Title Commitment and is satisfied therewith. Concurrently with execution 

of this Agreement, AR shall pay the Title Company the insurance premium 

specified in tlie Title Commitment and cause the Title Company to issue to 

ZFC a title policy in accordance with the Title Commitment. ZFC hereby 

agrees tliat it (i) shall look solely to the title policy for any claims of any 

5/7/2010 8:45 AM 
nature relating to title to the AR Property, and (ii) releases and covenants not 

to sue AR for any title matters concerning the AR Property, whether loiown 

or unknown as of the date of this Agreement. 

(c) AR makes no representation or warranty of any nature with respect to the 

physical or environmental condition of die AR Property. 

(d) By accepting the Deed, ZFC agrees and acknowledges that it has inspected 

the AR Propertj' to its satisfaction and accepts the AJR Propeity in its current 

as-is, where-is, with-all-faults condition. 

3. Environmental Covenant. Concurrently with the execution and delivery of this 

Agreement, AR, as holder, and ZFC, as owner, shall enter into that certain Environmental 

Covenant attached hereto as Exhibit "D" and shall immediately and jointly cause the Utah 

Department of Environmental Quality, a department of the State of Utah, and the United States 

Environmental Protection Agency, an agency of the United States of America to enter into the 

Environmental Covenant 

4. Inconsistency with Deed and/or Environmental Covenant. In the event of any 

inconsistency between the terms of this Agreement and those of the Deed or between those of 

this Agreement and those in the Environmental Covenant, the terms of the Deed and/or the terms 

of the Environmental Covenant shall control and supersede the terms of this Agreement. 

5. Amendment. This Agreement may be amended or terminated in a writing 

executed by AR and ZFC. 

6. Effective Date/Severabilitv/Govp-minp Law. The effective datp. nf thi.'; A prrKe-inftnt 

shall be the date first set forth above. If any provision of this Agreement is found to be 

unenforceable in any respect, the validity, legality, and enforceability of the remaining 

provisions shall not in any way be affected, diminished, or unpaired. This Agreement shall be 

governed by and interpreted in accordance with the laws of the State of Utah. 

7. Successors and Assigns. All provisions of this Agreement shall be binding on and 

shall inm-e to the benefit of AR and ZFC and their respective successors and assigns. 

8. Waiver. No failure by any party to insist on the strict performance of any covenant 

or duty of this Agreement, or to exercise any right or remedy consequent on a breach of this 

Agreement, shall constitute a waiver of any such breach or any other covenant or duty. Any 

party may, but shall be imder no obligation to, waive any of its rights or remedies or any 

conditions to its obligations under this Agreement. No waiver shall affect or alter the remainder of 

this Agreement, but each other covenant, duty, and condition of this Agreement shall continue in 

fiiU force and effect with respect to any other then existing or subsequently occurring breach. 

9. Authorization. Each individual executing this Agreement does represent and 

wan-ant to each other so signing (and each other entity for which another person may be signing) 

that such individual has been duly authorized to deliver this Agreement in the capacity and for the 

entity set forth where such individual signs. 

5/7/2010 8:45 AM 
10. Attomeys' Fees. If any action is brought to recover any rent or other amount under 

this Agreement because of any default under tliis Agreement, to enforce or interpret any of the 

provisions of this Agreement, the party prevailing in such action shall be entitled to recover fi'om 

the otiher paity reasonable attorneys' fees (including those incun-ed in connection with any appeal), 

the amount of which shall be fixed by tlie court and made a part of any judgment rendered. This 

Section 10 shall survive the execution of tiiis Agreement 

11. Miscellaneous. This Agreement and the exhibits hereto constitute tiie entire 

agreement between the parties. Venue on any action arising out of this Agreement shall be proper 

only in the District Court of Tooele County, State of Utah. The parties hereby waive trial by jury 

in any action, proceeding or counterclaim brought by either of them against the other on all matters 

arising out of this Agreement. Time is of the essence of each pi'ovision of this Agreement 

Signatures on this Agreement delivered by facsimile or electronic mail shall be deemed origmals 

for all purposes. 

12. Counteiparts. This Agreement may be executed in any number of counterparts, each of 

which shall constitute an original as against any party whose signature appears on them, all of which 

together shall constitute a single instrument. Any signature page of this Agi-eement may be detached 

from any other counterpart of this Agreement witliout impairing the legal effect of any signatures thei-eon 

and may be attached to another counterpart of this Agreement identical in form hereto but having 

attached to it one or more additional signature pages. 

IN WITNESS WHEREOF, tiie parties have executed tiiis Agreement as of tiie date first set 

foi1h above. 

Aflantic Richfield Company, 

a Delaware corporation 

J^'^^^^ 

ACiKNOWLEDGMEN T 

State of _ 

0n«ili4 ^ 

jieniuUy appeucd before ne, 

.^wbo is penonill; kiowii to me, 

ffbue identity I reriGed ou fbe bails tf _ 

3b\K- ^^^^ otJs 

.vb m identic I verified on Ibc oath/af flroiifion of 

a credible witoesi, 

to be Ibe signer of the foj^ieiiine dociunei)trii|d be/she icj;Dowled|ed tbat 

My CnnniluloD Eiplni!_ ^-U'vi^ Natit^SleiutuK 

5/7/2010 8:45 AM 
ZIONS FARM. L.C., 

a Utah Umited Uability company 

By: dS^ ^^ 

Name: 

Titie: 

-7<?^ ^\ /^J^P-lfi^t^J$ 

^A* ^ e4CNOTAHY PUBU6 

CASSIE SMITH 

seNo.MelnSt. 

Tooele, Utati 64074 

My CSommlMlofl Expires 

December 3.2011 

STATIC OF UTA H _ 

LIST OF EXHIBITS 

Exhibit "A" 

Exhibit "B" 

Exhibit "C" 

Exhibit "D" 

Legal Description of AR Property 

Legal Description of ZFC Property 

()uit Claim Deed 

Environmental Covenant 

5/7/2010 8:45 AM 
EXHIBIT "A" 

Legal Description of AR Property 

BEGINNING AT A POINT N00°02'20"W, 50.00 FEET AND S89''47'14"E, 626.11 FEET 

FROM THE CENTER OF THE SOUTHWEST QUARTER OF SECTION 23, T3S, R4W, 

S.L.B.&M., TOOELE COUNTY, UTAH (SAID POINT LIES ON THE NORTH RIGHT-OFWAY LINE OF THE TOOELE COUNTY ROAD KNOWN AS "SMELTER HIGHWAY" 

SAID POINT ALSO BEING THE SOUTHEAST CORNER OF THE LOWRY PROPERTY. 

THENCE NO0''22'18"W ALONG THE EAST LINE OF THE LOWRY PROPERTY A 

DISTANCE OF 282.00 FEET TO A POINT ON THE SOUTH LINE OF THE ZION 

PROPERTY; THENCE S89°49'14"E ALONG THE SOUTH LINE OF THE ZION PROPERTY 

A DISTANCE OF 702.55 FEET TO A POINT ON THE LINE BETWEEN THE SOUTHWEST 

AND SOUTHEAST QUARTERS OF SAID SECTION 23; THENCE S89°49'12"E 

CONTINUING ALONG THE SOUTH LINE OF THE ZION PROPERTY A DISTANCE OF 

1322.22 FEET TO A POINT ON THE NORTH-SOUTH RUNNING CENTERLINE OF THE 

SOUTHEAST QUARTER OF SECTION 23; THENCE S00°01'41"E ALONG SAID LINE A 

DISTANCE OF 283.15 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF 

SAID SMELTER HIGHWAY; THENCE N89°47'15"W ALONG SAID NORTH RIGHT-OFWAY LINE OF SMELTER HIGHWAY A DISTANCE OF 1322.01 FEET TO THE POINT OF 

INTERSECTION BETWEEN THE NORTH RIGHT-OF-WAY LINE OF SAID HIGHWAY 

AND THE LINE BETWEEN THE SOUTHWEST AND SOUTHEAST QUARTERS OF SAID 

SECTION 23; THENCE CONTINUING ALONG THE NORTH RIGHT-OF-WAY LINE OF 

SMELTER HIGHWAY N89°47'14"W A DISTANCE OF 701.07 FEET TO THE POINT OF 

BEGINNING OF THE PARCEL DESCRIBED. 

PARCEL CONTAINS More or less 13.129 ACRES. 
•XiOS 

,jg> 

AHPI 

WMMMt 

/ - V OlMIICrT VMnSCTV 

Nnvn^W 

f; T,r-| 

=:r-.^->. 

•V* . s ? ^ 

— ^-toB^uJ 

V 

^.« ^ .«.i^..»=~ /Ca« ^•.•:^kMd.«^..^«a.. ^~. . _-s_ SS^SSSSSi T 

. 

BXmWTP 

r 7) 

ANDERSO^ 

taEComiop 

SURVEY 

anwTD wn« miDiB 

•nM«»»KWIH IWNi 4 HOiT. 

t«.T UM MMffVkMHaWI 

^^1 1 of 1 
EXHIBIT "B" 

Legal Description of ZFC Property 

A PARCEL OF LAND LOCATED WITHIN THE NORTHEAST QUARTER OF SECTION 

26, NORTITA^ST QUARTER OF SECTION 25, AND SOUTHWEST QUARTER OF 

SECTION 24 ALL WFTHIN T3S. R4W, S.L.M., TOOELE COUNTY, UTAH, MORE 

PARTICULARLY DESCRIBED AS FOLLOWS: 

COMMENCING AT THE SOUTHWEST CORNER OF SECTION 24, T3S, R4W. S.L.M.; 

THENCE N58''l 8'34"E 1499.56 FEET TO THE NORTHEAST CORNER OF PARCEL NO. 1 

AND POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. 

THENCE S01°06'26"W 132.70 FEET; THENCE S50°00'34"W 824.95 FEET TO THE POINT 

OF CURVATURE OF A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 

2525.00 FEET; THENCE ALONG SAID CURVE A DISTANCE OF 447.61 FEET THROUGH 

A CENTRAL ANGLE OF 10°09'25" AND A LONG CHORD BEARING OF S55°05'17"W 

447.02 FEET; THENCE S60°09'59"W 933.98 FEET; THENCE S60°24'10"W 94.43 FEET TO 

THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, SAID CURVE HAVING A 

RADIUS OF 765.00 FEET; THENCE ALONG SAID CURVE A DISTANCE OF 792.40 FEET 

THROUGH A CENTRAL ANGLE OF 59°20'52" AND A LONG CHORD BEARING OF 

N89°55'24"W 757.44 FEET; THENCE N60°14'58"W 91.94 FEET; THENCE N28°43'58"E 

100.02 FEET; THENCE S60°14'58"E 93.72 FEET TO THE POINT OF CURVATURE OF A 

CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 665.00 FEET; THENCE 

ALONG SAID CURVE A DISTANCE OF 688.82 FEET THROUGH A CENTRAL ANGLE 

OF 59°20'52" AND A LONG CHORD BEARING OF S89°55'24"E 658.43 FEET; THENCE 

N60"'24'10"E 94.22 FEET; THENCE N60°09'59"E 933.78 FEET TO THE POINT OF 

CURVATURE OF A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 

2425.00 FEET; THENCE ALONG SAID CURVE A DISTANCE OF 429.88 FEET THROUGH 

A CENTOAL ANGLE OF 10°09'25" AND A LONG CHORD BEARING OF N55°05'17"E 

429.32 FEET; THENCE N50°00'34"E 912.18 FEET TO THE POINT OF BEGINNING. 

CONTAINS 7.27 ACRES, MORE OR LESS. 
^== ^ 

turrs. UT, (VTDt AMO XHMJ. Horte copisa Aewcw, on f^ftooucso nrmour-nflnr iwvmsNKNwssNM 

AtLAimc nCW^IBLD 

COKPAHY 

f) 

ANDERSON 

-•WOP-"* 

'' SMH K M> 

CAPPED AREA 

'^•• i 

"** HiJUW 

V "•«» • 

~ ^ 

1 
EXHIBIT "C" 

Quit Claim Deed 
When recorded, please retum to: 

QUIT CLAIM DEED 

Atiantic Richfield Company, a Delaware corporation, as Grantor, hereby QUIT CLAIMS 

to Zions Farm, L.C., a Utah limited liability company, as Grantee, for the sum of TEN 

DOLLARS ($10.00), or other good and valuable consideration, all of Gi-antors' right, titie, and 

interest in the following described real property located in Tooele County, State of Utah, without 

any representations or wan-anties of any kind with respect to the condition of or titie to such real 

property: 

See Exhibit "A" hereto. 

Tax Serial No. 03-031-0-0006 

DATED as of tiie ff day of H/JJ ^ 20//J 

Atiantic Richfield Company, 

a Delaware corporation 

Name: ^7?ftfc,W 'S^.laJL 

Its: H-jtL^ '^lUuV^jL.. 

-1 -
STATE OF, AflJ^ 

-GOWff*^^ 2^:>ww 

"^vj^llv ?u 

the z ^ day of , 20j/^ personally appeared before me 

of Atlantic Richfield Company., a 

Delaware corporation, who duly acknowledged to me that he/she executed the same on behalf of 

such corporation. 

u/focK tiie l/{LA- f^fiH^^ 

1/ NOTARY PUBLIC 

Residing at: A^ cja^^^ AK 

My commission expires: 

mm 

• 2 -
EXHIBIT "D" 

Environmental Covenant 
When Recorded Retum To: 

Carl W, Barton 

Holland & Hart LLP 

60 East Soutii Temple 

Suite 2000 

Salt Lake City, UT 84111 

WitiiCopyTo: 

Utah Department of Environmental Quality 

Division of Environmental Response and Remediation 

P.O. Box 144840 

Salt Lalce City, Utah 84114-4840 

WitiiCopyTo: 

Environmental Protection Agency: 

Regional Institutional Control Coordinator, EPR-SR 

U.S. Environmental Protection Agency 

1595 Wynkoop Street 

Denver, CO 80202 

ENVIRONMENTAL COVENANT 

This Environmental Covenant ("Environmental Covenant") is entered into by Zions 

Farm, L.C., a Utah limited liability company ("Owner"), Atiantic Richfield Company, a Delaware 

corporation ("Holder"), the Utah Department of Environmental Quality, a department of the State 

of Utali ("DEQ"), and the United States Environmental Protection Agency, an agency of the 

United States of America ("EPA") (each a "Party" and collectively, tiie "Parties"), pursuant to 

Utah Code Ann. §§ 57-25-101 et seq. ("Act") and concems the Property described in Section B.2 

below. The DEQ and EPA each enter this Environmental Covenant in the capacity of an "Agency" 

as defined in the Act The DEQ and EPA assume no affirmative obligations through the execution 

of this Environmental Covenant. 

A. Recitals 

WHEREAS, this Eavu-onmental Covenant affects and relates to the Property, as defined 

herein; 

WHEREAS, Holder conducted certain clean-up activities and made related improvements 

to the Property (collectively, the "Clean-up Work") pursuant to a Unilatei*al Administi-ative 

Order for Removal Respond Activities (Docket No. CERCLA-08-2005-0001) (tiie "UAO") 

issued by BPA under Section 106(a) of the (Comprehensive Environmental Response, 

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

particularly described on E^diibtt "C" attached hereto; Additional information regarding the Site 

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

1-
Administrative Record for the Site located in the offices of EPA Region VIII located in Denver, 

Colorado; 

WHEREAS, EPA and Holder expect to enter into a Consent Decree in the future that will 

terminate the provisions of tiie UAO; 

WHEREAS, DEQ and EPA are the agencies with responsibility to ovewee the Clean-up 

Work on tiie Property; 

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

Act; 

WHEREAS, as permitted by the Act, Owner desires to subject the Property to the 

"Owner's Covenants Affecting tiie Property, set forth in Section 6(a) herein (collectively, the 

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

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

WHEREAS, Owner and Holder desu'e to be bound by obligations specific to them as set 

forth in Exhibit "B" hereto; 

WHEREAS, Ownei- desires that Holder be designated a "holder" of the Covenants (as 

defined in §57-25-102(6) of the Act), witii all the rights set forth in this Environmental Covenant; 

and 

WHEREAS, this Environmental Covenant is executed and acknowledged for recording as 

an environmental covenant pursuant to the Act. 

NOW, THEREFORE, Owner hereby imposes tiie Covenants on the Property, and declares 

that the Property shall hei-emafler be bound by, held, sold, and conveyed subject to the 

requirements, obligations and restrictions set forth in this Environmental Covenant, which shall 

run with the Property hi perpetuity and be binding on Owner and on its successors and assigns and 

any subsequent owners of all or any portion of or interest in the Property. Owner and all 

Transferees, as hereinafter defined, shall hereinafter be referred to in this Environmental Covenant 

as "Owner." 

B. Covenant 

Now therefore, the Parties agree to the following: 

L Environmental Covenant This instrument is an environmental covenant developed and 

executed pursuant to the Act. 

2. Property. This Environmental Covenant concems approximately 7.27 acres of certain real 

property owned by the Owner, located in Tooele County, Utali, wliich is more particularly 

described on Exhibit "A" hereto (the "Property") and wliich forms a part of a larger area 

commonly known as the Tooele Valley Raihoad Grade Site. 
3. Owner. OwnCT, which is located at PO Box 716, Tooele City, Utah 84074, is the owner of 

the Property in fee simple. Consistent with Section 7 of this Environmental Covenant, tiie 

obligations of the Owner are imposed on assigns, successors in interest, including without 

limitation, futui-e owners of an interest in fee simple, mortgagees, lenders, easement holders, 

lessees, and any other person or entity who acquires any interest wlmtsoever in the Property, or 

any portion thereof, whether or not any reference to tiiis Environmental Covenant or its provisions 

is contained in the deed, other conveyance instioiments, or other agreements by which sucli person 

or entity acquires its interest in the Property or any portion thereof ("Transferee"). 

4. Holder/Desipnation. HolderislocatedatSl?AnacondaRoad,Butte,Montana59701 and 

18 the holder of this Environmental Covenant. Notwithstanding the foi-egoiiig, Holder shall have 

the right to designate one or more persons to act on its belialf under tiiis Environmental Covenant, 

which designation shall: (a) be m writing; (b) refer to this Environmental Covenant; and (c) be 

duly recorded in the Tooele County, Utah, real property records, and following such designation 

Holder shall notify Owner, DEQ and EPA regarding the same, 

5. Monitoring and Maintenance Woik. The Clean-up Work will require monitormg and 

maintenance in order to ensure the long-term integrity of such Clean-up Work. The 

responsibilities of Owner for monitoring and maintenance are set fortii in Section 6 "Activity and 

Use Limitations, Owner's Covenants Affecting the Property" below. In addition. Holder shall 

perform the following monitoring and maintenance work: 

Holder shall conduct surveillance and maintenance activities. Holder shall coordinate 

inspections in accordance with the Long Term Operation and Mamtenance Plan ("LTO&M") and 

shall repair remedial feature damage as needed. Holder shall prepare, revise, and implement the 

LTO«fcM for areas where waste has been remediated in-place. Holder's operation and 

maintenance duties also include complying with reporting requirements and maintaining records 

pertaining to the Site, as reqmred by applicable law. 

Holder sliall be permitted to access tiie Property (as provided m Section 9 and Exhibit B 

below) in order to perform the monitoring and maintenance work. 

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

hereby imposes and agrees to implement administer, and maintain the following acti'vity and use 

limitations on the Property. In tiie event the 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 the Property. The following Covenants shall burden 

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

subsequent owners of the Property and shall control any provisions contained heroin fliat ai'e 

inconsistent therewith: 

(i) Use of the Piopertv. Except as provided in Section 6(a)(ii) below, the Owner shall 

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

inconsistent witii, huidei-s, delays, diminishes, or fiiustrates: (a) tiie implementation, 

effectiveness, purposes, or integrity of the Clean-up Work or any fUture response actions 

-3 
or monitoring and maintenance activities required under any applicable laws or by any 

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

Holder deems necessary or advisable to address environmental conditions on or related to 

tiie Property; 

(ii) Future Development Restriction. No development or change of land use of any 

kind on the Property, including, without limitation, grading, other smface disturbance, 

ground water well drilling, pumping.or any action that will alter, disturb or otherwise 

intei-fere with tiie Clean-up Work, shall be permitted or allowed on the Property without 

Holder's prior written consent. Any development or change of land use shall requu-e 

approval in accordance witii all applicable laws, regulations and requirements of any 

governmental entity liaving jurisdiction over the Property. Such approval of Holder shall 

not be unreasonably withheld, conditioned, or delayed, but shall be subject to sudi 

reasonable conditions as Holder shall deem appropriate. Tlie Owner shall be solely 

responsible for any additional response action wliich may be necessarj' to accommodate 

fiitiire development of the Property. For purposes of this provision, the phrase "additional 

response action which may be necessary to accommodate fiiture development" shall mean 

any and all response actions beyond that which Atiantic Richfield is required to unplement 

at the Tooele Valley Railroad Grade Site under any administrative order or consent decree 

m the absence of future development. Any such additional response action must be 

undertaken in accordance with and m a manner consistent witii the requirements of the 

Consent Decree for the Site, as may be amended or supplemented firom time to time, and 

all other environmental laws and otiier applicable laws; 

(Hi) Annli cable Laws. Tlie Property shall be mamtained 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 enforcerhent actions relating to environmental conditions on the 

Property; 

(iv) Structures. The Owner shall: (a) maintain the mtegrity of the existmg rock 

revetment and drainage control stmctures, (b) ensure that the drainage control structures, 

rock revetment and vegetation cover ai'e free of debris or othei- material, and (c) take 

reasonable measures to ensure tliat the drainage coiit'ol stmctures and vegetation ai-e not 

damaged or destroyed; 

(v) Noxious Weeds. Owner shall take such steps as may be reasonably necessary to 

control noxious or other weeds on the Property in accordance with applicable laws; 

(vi) Mineral and Water Exploration. Development or Production Restriction. No 

exploration or minuig, milling, processmg, drilling, pumping, extoraction or any other 

method of development and/or production of any water, wells, water ri^ts, veins, loads or 

mineral deposits (indudmg, without limitation, hardrock minerals, sand, gravel, clay, oU 

and gas and other hydi-ocai'bons, or other similar natuially occurring substances) is 

permitted on the Property; and 
(vii) Property Maintenance Covenant. Owner sliall keep tiie Property (including 

without limitation tiie drainage conti-ol sfa-uctures, rock revetment and vegetation) in good 

repau', so as to protect and preseive tiie Clean-up Work. This work includes proper 

maintenance such that erosion of the cover does not occur. 

(b) Notice of Change ui Use. Ownei-shall notify Holder, EPA and tiie DEQ 

simultaneously when submitting any application to a local govenimwit for a buUdhig permit or 

change in land use for the Property. The notice shall contain, at a minimum, a description of the 

proposed activity, the anticipated commencement and completion dates tiiereof, and a copy of tiie 

application submitted to the local govemment Holder shall have the right, but not the obligation, 

to paiticipate m any hearing, review process or otiier governmental proceeding that includes 

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

mipair or jeopardize the integrity of the Clean-up Work. 

7. Running with tiie Land. This Environmental Covenant shall be binding upon the Owner 

and any Transferee during tiiat person's period of control, occupation, or ownership uiterest or 

any period arismg tiiereafter but wliich results fiom such control, occupation or ownership interest 

during such peiiod, and shall run wifli the land, pursuant to the Act and subject to amendment or 

termination as set forth herein. 

8. Compliance Enforcement 

(a) This Environmental Covenant may be enforced pursuant to the Act Failure to 

timely enforce compliance witii tiiis Envux)nmental Covenant or the activity and use limitations 

contamed herein by any party shall not bar subsequent enforcement by such paily and shall not be 

deemed a waiver of the party's right to take action to enforce any non-compliance. Nothing in this 

Environmental Covenant shall i-estiict the DEQ or the EPA fi'om exercising any, authority under 

applicable law, 

(b) In addition to any other remedies available at law or in equity, including, without 

lunitation, those remedies set fortii in §57-25-111 of the Act, Holder and its representatives may 

enforce the terms of this Envirormiental Covenant by filmg suit in district court to: (i) enjoin actual 

or threatened violations; (ii) seek specific performance; and/or (iii) seek such other legal or 

equitable relief as may be appropriate in the cu-cumstances. Holder shall be entitled to recover 

fi-om Owner and/or Transferees any legal fees and costs incurred in any such proceedings, 

provided that in no event shall the foregoing be deemed to obligate DEQ to reimburse Holder for 

such fees and costs. 

9. Riidits of Access. Owner hereby grants to the DEQ and EPA and their respective agents, 

conti-actors, and employees the right of access to the Property for inspection, implementation or 

enforcement of this Environmental Covenant The Owner also grants access to the Holder, as 

described in Exhibit B hereto. 

10. Compliance Reporting. Within thirty (30) days following the end of each calendar year, 

Owner and Holder shall submit written documentation to each other and to DEQ and EPA 

verifying that the activity and use limitations set foi-fli herein remain in place and ai'e being 

followed. 

• 5 -
11. Notice upon Conveyance. Each instrument hereafter conveying any interest m the 

Property or any portion of tiie Propeity shall be substantially in the following 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 ,]. 

Owner shall notify Holder in writing at least tiiirty (30) days m advance of consummation of any 

such conveyance, including any conveyance of any easement or right of way hmdeniug all or any 

portion of the Property. Owner shall disclose in writing the nature of the Clean-up Work 

performed on the Propertj' aiid the terms of this Envhonmental Covenant to any Transferee of any 

mterest in the Property or a portion thereof For purposes of this Section 11 the conveyance of a 

security interest in the Property shall not bc deemed subject to the notice requnements set forth 

herein. Owner shall notify tiie DEQ and EPA within ten (10) days after each conveyance of an 

interest in any portion of tiie Property. Owner's notice shall include the name, address, and 

telephone number of tiie Transferee, a copy of the deed, or other documentation evidencmg the 

conveyance, and an unsurveyed plat that shows the boundaries of the property being transfen-ed If 

Owner and Holder enter into any agreement with respect to the reknbursement of any costs 

relating to this Environmental Covenant, such agreement shall survive such conveyance of the 

Property. 

12. Representations and Waitanties. Owner hereby represents and warrants to the other 

signatories hereto: 

(a) that Owner is the sole owner of the Property; 

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

exceptions set forth on Exhibit "D" hereto; and 

(c) that the Owner has the power and authority to enter into this Envnonmental 

Covenant, to gi-ant tiie rights and intei-ests herein provided and to carry out all obligations 

hereundei'. 

13. Amendment or Termination. This Environmental Covenant may be amended or 

terminated pursuant to the Act. 

14. Effective Date/Severabihty/Goveming Law. The effective date of this Environmental 

Covenant shaD be the date upon which the fully executed Envnonmental Covenant has been 

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

provision of this Envu-onmental Covenant is found to be unenforceable in any respect, the vaUdity, 

legality, and enforceability of the 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 of the State of Utah. 

15. Recordation and Distribution of Environmental Covenant. Within thuty (30) days after the 

date of the final required signatme upon this Environmental Covenant, Holdei- shall file this 

- 6 -
Environmental Covenant for recoi-ding in the same manner as a. deed to the 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 Envnonmeiital Covenant to: DEQ, EPA, and Owner, 

16. Notice. Unless otherwise notified in writing by or on behalf of the cuirent owner, DEQ, 

EPA or Holder, any document or communication required by this Eiivkonmental Covenant shall 

be submitted to: 

If to DEQ: 

Utah Department of Environmental Quality 

Division of Environmental Response and Remediation 

Attention Tony Howes, CERCLA Branch IS&R Project Manager 

P.O. Box 144840 

Salt Lake City, Utah 84114-4840 

Fax # 801-536-4242 

If to EPA: 

Regional Institutional Control Coordinator, EPR-SR 

U.S. EPA 

1595 Wynkoop Street 

Denver, CO 80202 

ff to Owner: 

Zions Farm, L.C. 

PO Box 716 

Tooele, UT. 84074 

ff to Holder; 

Charles T. Stilwell 

Atiantic Ridifield Company 

317 Anaconda Road 

Butte, Montana 59701 

Fax #406-563-8269 

with a copy to: 

Nathan Block 

BP America Inc. 

Legal Department 

501 Westiake Park Boulevard 

Houston, TX 77079 

7-
Any such document or communication shall be delivered via prepaid United States 

certified mail, retum receipt requested, facsunile or nationally recognized overnight cornier and 

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

receipt or refusal of receipt. 

17. Qr^vemmental hnmunity. In executing this Envnonmental Covenant, the DEQ and EPA 

do not waive governmental immunity afforded to tiiem by applicable law. 

Tlie Owner 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 tiie activities carried out pui'suant 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 claim against the State arising dhectly or indirectiy from or out of 

actions of employees of tiie State that would result m (i) liability to tiie State of Ut^ under Section 

63G-7-30] of tiie Governmental Immunity Act of Utah, Utah Code Ann. Section 63G-7-101 et 

seq. or (ii) individual liability for actions not covered by the Governmental immunity Act as 

indicated in Sections 63G-7-202 and -902 of tiie Governmental Immunity Act, as determined in a 

court of law. 

18. Limitations on Liability. Except as provided otherwise herein. Holder shall not incur any 

liability under state law or othei-wise solely by virtue of being a holder under this Environmental 

Covenant. 

19. Pavment of DEO's Costs. To the extent reimbursement is not provided by EPA, the 

Holder shall reimburse tiie DEQ in full for all reasonable costs incun^ed by DEQ and related to tiie 

activities contemplated in this Envnonmental Covenant whicli require review, inspection, 

involvement, or otherwise incur costs for the DEQ in accordance witii tiie fee schedule approved 

by the legislature. 

[SIGNATURES APPEAR ON FOLLOWINQ PAGES] 

-8 
OW>JER: 

Zions Fann, L.C., 

a Utah Limited Liability Company 

Bv: ^0 ^ ;2 ^ 

Name: '-/^AW L., ffk-Z-FA^tiS 

Its: ]fA.Ai^a^^jTDate ^-iO-fO 

State of Uta 

County of i a?, 

A BMorcrtiflc, a.notary public, in and for said county and state, personally appeared 

J^jPO <7v..t T^\Jl*\\fvfiJ Jy • a duly authorized representative of Zions Farm, L.C, a 

Utah Limited CiabiliCj^ ConipanyT who acloiowledged to me that [he/she] did execute the 

foregoing instrument on behalf of Zions Farm, L.C. 

Di Ml TESTIMOJ^/iVHEREOF TESTIMONiV AyHEREOF,, I have subscribe su d my name and affixed my official seal this 

iD_d8yofiX\Ai4r~.20j^ ^ \ '^ 

'• ^TTotarjTPubTl 

CAMtlSMJTH 

02 No. Main St. . 

Tooete.UtaH M074 

My Gommlwlon Explrw 

Osoember 3,2011 

RTATB OF UTAH_ 

- 9-
HOLDER: 

ATLANTIC RICHFIELD COMPANY, 

a Delaware corporation 

Date 

Name: ^gfeyV 

Its: W'l^.-y^^Jti.AH^ /^^^/O 

State of _Ak^]^f= ) 

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

*^()VviVv^ ^U,lV&df^ , a duly autiiorized representative of Atlantic Richfield 

Company, a Delaware corporation, who acknowledged to me that [he/she] did execute the 

foregoing mstrument on behalf of Atiantic Richfield Company. 

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

tills \4H> day of IW ^ 20i0. 

Notary Public 

1 0 • 
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 

Name me:^ren : t H. EverAt Date 

^Li^ 2£>/0 

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 Quality, who 

acknowledged to me that he did execute the foregoing instrument this J2/ day of 

Notary Public . 

My Commission expires: ^/^^/z^/ / 

SSS^M' UT 84aii 

••jy^^^wfi dHOU 

-11 -

^. 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

The United States Environmental Protection Agency authorized representative 

identifiedJzfilow hereby approves the foregoing Envirorunental Covenant. 

Date 

Bill Murray, Director 

Superfund Remedial Response Program 

Office of Ecosystems Protection and Remediation 

U.S. Environmental Protection Agency, Region VIII 

^ 

\o 

STATE OF C O ) 

:ss. 

County of [Xv\ue/ ) 

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

Murray, an authorized representative of tiie United States Environmental Protection Agency, who 

acknowledged to me that he/she did execute the foregomg instrument this I ^ day of 

Notary Public 

My Contunission expires: /-/<>•. i;^ 

12-
Exhibit A 

CAPPED AREA LEGAL DESCRIPTION 

A PARCEL OF LAND LOCATED WITHIN THE NORTHEAST QUARTER OF SECTION 26, 

NORTHWEST QUARTER OF SECTION 25, AND SOUTHWEST QUARTER OF SECTION 

24 ALL WITHIN T3S. R4W, S.L.M., TOOELE COUNTY, UTAH, MORE PARTICULARLY 

DESCRIBED AS FOLLOWS: 

COMMENCING AT THE SOUTHWEST CORNER OF SECTION 24, T3S, R4W, S.L.M.; 

THENCE N58°l 8'34"E 1499.56 FEET TO Tl-ffi NORTHEAST CORNER OF PARCELNO. 1 

AND POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. 

THENCE SOr06'26"W 132.70 FEET; THENCE S50°00'34"W 824.95 FEET TO THE POINT 

OF CURVATURE OF A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 

2525.00 FEET; THENCE ALONG SAID CURVE A DISTANCE OF 447.61 FEET THROUGH 

A CENTRAL ANGLE OF 10»09'25" AND A LONG CHORD BEAEONG OF S55°05'17"W 

447.02 FEET; THENCE S60'>09'59"W 933.98 FEET; THENCE S60°24'lO"W 94.43 FEET TO 

THE POINT OF CURVATURE OF A CURVE TO THB RIGITT, SAID CURVE HAVING A 

RADIUS OF 765.00 FEET; THENCE ALONG SAID CURVE A DISTANCE OF 792.40 FEET 

THROUGH A CENTRAL ANGLE OF 59'^0'52" AND A LONG CHORD BEARING OF 

N89°55'24"W 757.44 FEET; THENCE N60°14'58"W 91.94 FEET; THENCE N28°43'58"E 

100.02 FEET; THENCE S60^14'58"E 93.72 FEET TO THE POINT OF CURVATURE OF A 

CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 665.00 FEET; THENCE 

ALONG SAID CURVE A DISTANCE OF 688.82 FEET THROUGH A CENTRAL ANGLE OF 

59°20'52" AND A LONG CHORD BEARING OF S89''55'24"E 658.43 FEET; THENCE 

N60°24'10"E 94J22 FEET; THENCEN60°09'59"E 933.78 FEET TO THE POINT OF 

CURVATURE OF A CHJRVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 2425.00 

FEET; THENCE ALONG SAID CURVE A DISTANCE OF 429,88 FEET THROUGH A 

CENTRAL ANGLE OF ] 0''09'25" AND A LONG CHORD BEARING OF N55°05'17"E 429.32 

FEET; THENCE N50°00'34"E 912.18 FEET TO THE POINT OF BEGINNING. CONTAINS 

7.27 ACRES, MORE OR LESS. 

Exhibit "A" 

Page 1 
CJirwHCam/iaaL 

^^ 

ATUumencwsLD 

COMTMIT 

7; 

ANDERSON 

01 
Exhibit «B" 

Coveoants Between the Holder and the Owner and the Owner's Successors and Assigns and 

Anv Subsequeot Owners of the Property 

The Holder and the Ovmei for itself and its successors and assigns agree to the following 

Covenants which shall also bui'den the Property (described in the foregomg Exliibit "A") and axe 

intended to bind Owner and the Owner's successors and assigns and any subsequent owners of the 

Property: 

1. Compliance Enforcement. In addition to any otiier remedies available at law or in equity, 

indudmg, without lunitation, those remedies set forth in §57-25-111 of ttie Act, Holder and its 

representatives may enforce flie terais of titis Envnonmental Covenant (including the Covenants) 

by filing suit m a court of competent jurisdiction in the State of Utali to: (i) enjoin actual or 

threatened violations; (ii) seek specific performance; and/or (iii) seek such otiier legal or equitable 

relief as may be appropriate m the circumstances. Holder shall be entitled to recover from Owner 

and/or Transferees any legal fees and costs mcurred in any such proceedings, provided that in no 

event shall the foregoing be deemed to obligate EPA or the DEQ to reimburse Holder or the 

Ownra" and/or Transferees for such fees and costs. 

2. Access. Holder and its employees, agents, representatives and contractors, shall have the 

right of access to the Propeity at reasonable times with prior notice to Owner (wiitten or oral) for 

the purposes of: (a) monitormg compliance with the terms and provisions of the Covenants; (b) 

conducting any necessaiy or advisable investigation, monitoring, mamtenance and/or sampling 

activities with respect to the Property; and (c) conducting any environmental response actions on 

the Property that Holder, DEQ, or EPA may deem necessary or advisable to address 

envii-omnental conditions on the Property, Notliing in this Environmental Covenant shall unpair 

any other authority Holder, DEQ, and EPA may otiiei-wise have to enter, inspect and perform 

response actions on the Pi'opeity. Upon completion of any activities on the Property, to the extent 

reasonably practical, the Holder shall retum the Propeity to substantially the same condition it was 

prior to such entry, provided tiiat such condition is not inconsistent witii any response, monitoring 

and maintenance or other activities performed on flie Property. 

3. Indemnification of Owner. Holder agiees to indemnify and hold harmless Owner fi'om 

any and all third-party actions, clauns, demands, liabilities, losses, damages or expenses, 

including damage to the Property, which may be imposed on or incurred by Owner as a result of 

Holder's negligent, reckless or wiUful acts or omissions relating to the Property, except to the 

extent that such actions, claims, demands, liabilities, losses, damages or expenses result fiom the 

negligent, reckless or wiUful acts or omissions of Owner. 

4. Release and CovenantNotto Sue. Owner, for itself and any Transferees, hereby fiiUy and 

irrevocably releases and covenants not to sue Holder and its predecessors and successors (whether 

by merger, consolidation or otherwise) and their respective affiliates, shareholders, membere, 

managers, officers, directors, agents, repi'esentatives, contractors, insurers, employees, contractors 

and assigns for any of the followmg: 

Exhibit "B" 

Page 1 
(a) Any private cost recovery suit, contribution action, or any other action under 

environmental laws or the conmion law arising out of or related to: (i) any environmental 

conditions on, about, beneath, fi-om or related to tiie Property, and (ii) implementation of any 

Clean-up Work and/or land use controls, other applicable government ordei-s or any requirements 

of the applicable regulatoiy or peimitting autiiority related to the envnonmental conditions on, 

about, beneath or related to the Property; and 

(b) Any and all claims, causes of action or liabilities that it may now have or hereafter 

acquire against such individuals or entities for any cost, loss, liability, damage, expense, demand, 

action or cause of action arising fiom or related to the following: (i) the use, operation, 

development or disposition of the Property, (ii) any information provided or disclosed to Owner 

by Holder relatmg to the Property, or (iii) the presence of hazardous materials and/or waste on, at, 

under, near or associated with the Property. 

Provided, however, that in the event any action, claim or suit is asserted against Owner relating to 

the environmental conditions that are addressed by this Environmental Covenant, Owner's release 

and covenant not to sue shall be void as to all alleged liabiHly asserted against Owner in such 

action, claim or suit 

Exhibit "B" 

Page 2 
Exhibit "C" 

Extension Area Work De«criptiou 

Tlie Tooele Valley Railroad (TVRR) was constructed in 1909 to connect tiie Uruon Pacific and 

Western Pacific Ihies at Wainej-, Utali (west of Tooele City) to the IS&R smelter-a distance of 

approximately 7 ntiles. The rail route headed eastbouud fi-om the Warner siding, running tiirough 

town to tiie mouth of Middle Canyon. Shoi-tiy beyond Middle Canyon, the rail route split with the 

upper track servicing the upper eastem part of tiie smelter and tiie lower track going to tiie lower 

west area of the facility, The TVRR discontinued operation in 1981. Shortiy thereafter, the tirack 

was removed and tiie underlying property deeded to adjacent landowners. Clean-up Work to 

address hazards related to residual waste material was completed in 2005. On two areas along the 

corridor, waste was left in place and capped with clean soil. 

During tiie Clean-up Work a portion of tiie rail gi-ade surface (Station 42+50 to Station 74-+-18, 

3,168 ft) was capped with 12 inches of clean soil, side slopes graded and rock revetment placed. 

Prior to cover placement the existhig siu-face was graded to facilitate a cover of consistent depth 

and to provide for managed drainage. Subsequent to cap installation, all disturbed areas were 

prepai-ed and seeded with native grasses. Full construction details are available in the Tooele 

Valley Railroad Construction Completion Report. 

Exlubif'C" 

Page 1 
Exhibit "D" 

Title Exceptions 

Exhibit'T)" 

Pagel 
ALTA Cwnmltment Schedule B 11 

SCHEDULES-SECTION n 

EXCEPTIONS 

T-24117 

The policy or poiioiesiD be Issued wOl cotifBln exception? to the following unlsas any of these excepSons 

are disposed of to tha satlsfectlon of the Company. 

1. Taxes or assessments wliich are not shown as o^dstlng liens by Ihe records of any taxing 

auftority that levies taxes or assessments on real pTopeify or by Ihe Public Records. PtocestiBnga 

by a puMIc agency, which may result In taxes or assessments, or notices ot such proceedings, 

wh^er or not shown by the records of such agency or by the Pubic Flecords. 

2. Any feels, rights, Jnterssls, or claims which are n ot shown by the Public Records, but which could 

be ascertained by an Inspection of the Land or by making Inquiry of persons In possession 

thereot 

3. Easements, Hens, or encumbranoes, or dalms themof, which are not shown by the Public 

Records. 

4. Any encroadiment, encumbrance, violation, variation, tw advwse drcumstsnca aPecting the TlHe 

that would be disclosed by an accurate and complete tend survey of the Land and rwt shown by 

the PuUlc Records. 

5. (a) Unpatented mining dalms; (b) reserralions or exceptions in pBtentB or In Acts authorizing flie 

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

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

6. Any Ifen or right lo a Hen fbrservtnas, labor, or material hBretofore or hereafter lumlshad, Imposed 

try law and not shown by the Public Records, 

7. Texes of the yea- 2009 are now a lien, not yet due. 

Taxes of the year 2008 were paid In the amount of $5.19. 

Serial No, 03-033-0-0004 

Taxes of the year2008 ware paid In the amount of $S.D9, 

Ssrial No. 03-034-0-0004 

Taxes ofthe year200B ware paid In the amount of $5.19. 

Serial No. 03-035-0-0015 

Taxes of Ihe year 20QB were paid tn the amount of $8.B2. 

Serial No. 03-033-^0002 

Taxes of the year 2008 were paid In tiie amount of $28.88. 

Serial No. 03-034-04002 

TBXBS ofthe year 2008 were paid In the amount of ^8.63. 

Serial No. 03-035-040DB 
Schedule B-11 

(continued) 

T.24117 

8. Said property Is situated within the boundaries of the Tooela County Taxing District 10, and Is 

subject to sBsessment thereof. Said assessment Is current at this time. (As to Parcels 03-033-0-

0004,03-03S-0-0015and 03-033-W3002.) 

g. Said property Is situated within the boundaries ofthe Tooele County Taxing District 19, and is 

subjBol to assessment thereof. Said assessment is current at this time. (As to Parcels 03-034-0-

0004,03-034-0-OOOZ and 03-035-0-0008. 

10. Rights of way for roads, ditches, canals, transmfeslon lines, pipe lines, talecommunicatlcn lines, 

fiber optics and utilities over, under, and across said property. 

11. Said property te situated within the boundaries of the Tooele County Mosquito Abatement District, 

and IB subject to asseBsmant thereof. Bald assessment is cunent al this time. (As ta Parcels 03-

033-0-O004, 03-O3B-D-0D15 and 03-O33-O-D002.) 

12. Said property is situated within the boundaries of the North Tooate County Fire Protacfion Dlairlol, 

and Is subjaot to assessment thereof. Said assessment Is current at thie Hme. 

13. Said property t$ subleot lo collection fees and assessments by the Tooele County Landtill. 

(B33-9520) 

14. Resenrations and condiHons as dlsdo&sd in tiie patents from ti)s United States of America and 

the State of Utah as reconded In the followlnfl Books end Pages: 3E/5D4, No. 1 /42, end No .1/462. 

15. The perpetual right, prtvllega, and easement of operatfna te smelter at or near the mouth of Pine 

Canyon and of dischaiBlno gases, fumes, smoke and any other aubslancee as rosy be emhted 

without Incuning llsbtlifles to the first parijes as granted bs Utah Consolidated Mining Company, 

and subsequent BasementB, notloe of dalms of interest by various documents of record atfecCng 

said easement. Recorded in Book B, page 481-2 of Liens and Leases, Book B, page 4a2-3 of 

Liens and Leases, Book E. page 133-t of Bonds and AgrBemarts, Book E. page 134 of Bonds 

and Agreements. Book 3K. page 467-71 of Deeds, and subsequent Notices of Interests recorded 

as Entry Nos. 2850B1,2951B9. and 296225, raoonied In tlie ofiice of the Tooele County 

Recorder. 

No examination Is hereby made as to tha present ownereh^ of said easement, notice of claim, or 

other documeniB pertaining thereto. 

16. POLfeLINEEASEIVlENT 

Grantor: 

Grantee: 

Deted: 

iteoorded: 

. Entry No.: 

BooldPage; 

Looation/Porpose: 

Chas. R. McBride and wife 

Utah Power & Ught Company 

Octobers. 1926 

Septembers. 1930 

1BBB.45 

0/464-465 (Misc.) 

See Document 
Schedule B>-ll 

(oontlnuBd) 

T-24117 

17. Subject to iBservatlona contained in that certain Quit Claim Deed: 

Qrantor The State of Utah 

Grantee: IVIsry Buzianls 

Dated: April 3,1853 

Rec»njed: September 15,1954 

Entry No.: 237852 

Book/Psge: 4F/3e3 

18. Deed of Trust to secure an Indebtedness tn the amount shown below, and any other obilgaflons 

secured thereby: 

Tmstor; 

Trustee: 

Beneficiary; 

Amount 

Dated: 

Recorded: 

Entry No.: 

Book/Page: 

Gus D, Buzianls 

Assodated Tttie Company 

Zions Credit Corporation 

$60,184.56, plus interest 

April 25,1989 

MBy31,1889 

026B81 

287/671-6 

19. The effect of the 1B68 Familand /\s8ss6ment Act, wherein ftare Is a five year roll-back pixrttelon 

witli regard to assessment and taxation, whli^ becomes etfective upon a change In use of al) or 

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

Agricultural Land recorded August 21. 2O03 as Entry No. 208676 of Tooele County Reooida. 

20. The EflliBct of Uie 1069 Pamnland Assessment Act. wherein there te a twe year roll-baok provision 

wfth regard to assessment and taxation, which beoomes effectivs upon a charvje In use of al) or 

part i7f eligible land, by reason of that certain Annual Application for Assessment and Ta>^ion of 

Agrtculfuia) Land recorded August 15, 2005 as Entry No. 245115 of Tooele County Records. 

21, EASEMENT 

Grantori 

Grantee: 

Dated; 

Reconled: 

Entry No.: 

Boole/Page: 

G & L Partnership 

PadflCorp, an Oregon ootporatlon, dba Utah Power & Light 

Company 

Febmary 27,1980 

March 9.1990 

03281B 

300/286^ 

22. Subject to the lack of access to a publlo dedicated road. 
Schedule B-II 

(continued) 

T-24117 

NOTE: The following names weria oheolcad for tax Hene end judgments In the Tooele County 

Records and Courts and none were found of record except those listed above. 

ZIONS FARM, L,C. 

NOTE: Any lose or damafle resulting from claims made against the Insured title baeed upon 

operafion of federal banknjptcy state insolvency or similar creditors rights lews. 

NOTE A minimum Cancellation Fee of $200.00 will be due and payable tf no Title Policy ts 

Issued following receipt of this report. Said Cancellation Fsa, when paid will be applied as a 

credit iDwanl the premium charges on the TlUe Insurance Policy issued In connection vMt this 

Commitment wltliln six (6) months of ttie date of this CommBment, 

Tooele TSlte Company would ilka to thank you tor tetflng us serve you. If you have any questions 

regarding this file pl»se contarrrtthe following personnel at 436..862-1120: 

Trtle Examiner/Officer. Jerry Houghton 

Escrow OfBcen Alison McCoy