I 1161229-R8SDMS 

Ent: 322317 - PS 1 St 23 - • L 

5ater37l7>e00?'ll!08 AM ^' ^^ Q 

When Recorded, Mail to: CALLEEN'B PEBHELL, Recordeir i^ fj 

Fee!"*0.00 CHECK -^ U f r. 

Filed By: KL ^ ^ C ::i 

„w>... xw «^^, .,^u".v. CALLEENB PEBHELL, Recordeir 

Atlantic Richfield Company Forf^UTflH^DE^T^OpSlLDLIFE RESOUftC 

ES 

AMENDMENT TO CONSERVATION EASEMENT 

RECITALS: 

A. , Atlantic Richfield Company/("ARCO") granted a conservation easement to the 

State of Utah, acting through its Division of Wildlife Resources (the "Division'"), pursuant to that 

certain Conservation Easement, dated as^f April 29, 1994, recorded on December 27, 1994 as 

Entry No. 070906 in Book 388 at Pages/109-121 of the official records of the Tooele County 

Recorder, a copy of which is attached hereto as Exhibit "A" (the "Easement"), covering certain 

real property described therein and located in Tooele County, Utah (the "Easement Property"). 

B. For the reasons stated in the Stipulated Judgment and Order attached hereto as 

Exhibit "B" (the "Order"). ARCO and the Division have desired and intended to amend the 

Easement, and the Order so amends the Easement, effective August 28, 2008. 

C. ARCO and the Division also desire to enter into and record this Amendment to 

Conservation Easement to ratify and confirm the terms of the Order. 

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

which are hereby acknowledged, ARCO and the Division hereby agree that the Easement is 

amended effective August 28,2008, as more particularly set forth in the attached Order. The 

Order modifies some of the boundaries of the real property affected by and covered by the 

Easement and adds certain other provisions to the Easement. 

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on 

the day and year first set forth above. 

[SIGNATURES ON FOLLOWING PAGE] 

\ 
ARCO; 

DIVISION: 

Ent: 322317 - Pg 8.of 23 

ATLANTIC RICHFIELD COMPANY, a 

Delaware corporatic 

Name; 

Title:/^?wOl^ji^1», 

STATE OF UTAH, acting through its 

DIVISION OF WILDLIFE RESOURCES, 

an agency of the State of Utah 

By:. 

Name: 

Title: 

riu^'^t^ic.^ 

^cFTOTT 
Ent: 3RS317 - Pg 3^ f 23 'To 

7 ^ 

State offitobV A ) 

vVi.v\\o,^\\o^ o*;;; :ss 

€tnfttY-«#W\cVi?m(v) 

^5 

The foregoing instrument was acknowledged before me on this \\ _ day of V-g^DUvyrOv 

200. '°u . ^^'^tS^u^cck ^ . yS OS 12apfflA.QL\Mu..^gjcf Atlantic Richfield Company, "^ 

a Delaware corporation. 

My Commission Expires: S^^ PDRI TP /^ S 

#^-- ••5JL% Notky Public , 

|iNOTAi(Y\z | Residing At:_^^0i ^ 

As:^sM^rk>0)k:>VA)^^?^Gr^_ 

^&g ^ 

SUte of .l>Va\o ) 

; ss 

County of £:a\iLat£ ) 

The foregoing instrument was acknowledged before me on this "2^ day of W\CAr. , 

200q.b v ^\^v ^ r\arV . , ^O.V^v^c^ ^<^c\n r of 

My Commission Expires; 

Avrvx-^' Ccr^^/;^. 

Notary Public 

Residing At: ^^J^ y Wj.>f t 

NOTARY PUBLIC 

STACI COONS 

1584 W, NO. Tsmpis, St«. S110 

Salt Uk e City, Uigt) t^ii<« 

My Cotnmiui»n Expir*« 

MarOD 17, £01£ 
Ent: 322317 - Pg ,4"jOtj23 

< § 

EXHIBIT "A" TO AMENDMENT TO CONSERVATION EASEMENT 

(Copy of Easement and Description of Easement Property) 
Ent: 386317 - Pg 5 of 2^' 

7 •, I M 

WHEN RECORUHD. MAIL TO: 

.'VRCO . 

Rocky Mountain £rviror\menlaI RHmi?<iiat!on 

555 Seventeemh SkrMl 

Denver, CO 80202 

ATTN: Coordinator, Land Services 

CONSERVATION EASEMENT 

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

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

"Easement") is granted and effective this ^ ^ day of [/Ml P , 1994, by 

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

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

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

attached Exhibit A, which is incorporated herein by tWs reference (the "Property"). 

Grantor represents tliat it possesses sufficient ownership interest in the property to 

grant'the rights conveyed by this EaseinenL Grantor makes no other v/arranties or 

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

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

the Property, 

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

agreements. " •' ' 

RECITALS 

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

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

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

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

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

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

Division, tlie people of Tooele County, and the people of the Stats of Utah. 

C Grantor intends that the conservation values of the Property be 

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

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

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

disturb the surface of the Property, 
Ent: 322317 - Pg 6 of 23 

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

and protect the conservation values of the Property in perpetuity. 

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

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

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

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

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

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

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

incidents of ownership thereof other than the Easement. 

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

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

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

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

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

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

as are consistent with the purpose of this Easement 

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

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

are acc^ted by the Division; 

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

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

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

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

adverse impact on the Property, including its conservation values; 

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

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

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

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

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

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

Property. 
Ent: 352317 - 9n 7^of 23 

^^^ ^ 

(e) To do all in its power to prevent and suppress fires on or m Hie 

\'K:inity of the PropertA': lo report promptly ail fires it may discover which it cannot 

suppress and to plate itself, its employees and transportation at the disposal of <\ny 

tiuthorized official for the purpose of safely fighting such fires. 

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

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

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

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

(a) .Management of the property for wildlife purposes including 

conservation, propagation, habitat improvement and wildlife viewing; 

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

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

including predator control and relocation. 

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

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

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 d e facto subdivision (through gift, sale, 

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

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

other minerals from any site on the Property is prohibited; 

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

prohibited, except for structures or improvements which are reasonably appropriate 

to a use permitted under this Easement; 

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

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

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

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

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

locations mutually agreeable to both parties. It is hereby agreed that no excavation 

t v 
Ent; 322317 - PQ .^ of 23 

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

catchment basins; 

(0 Placement, dumping, disposal or storage ofashes, trash, garbage, 

junk, or any other material is prohibited; 

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

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

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

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

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

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

areas remains undisturbed; 

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

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

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

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

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

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

conducted in the installation of such water catchment basins; 

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

written consent of Grantor, limited agriculturjil attivities for the purpose of 

enhancing wildlife forage may be conducted by the Division; 

(k) Any industrial use is prohibited; 

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

control bums for the purpose of Ixabitat development may be allowed, with 

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

regulations pertaining to open fires 

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

prohibited; 

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

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

5. EasementSubject to Grantors Rights and Existing Uses. 
Ent: 322317 - Pg 9 of S3 

Grantor hereby specifically reserves the right: 

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

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

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

proper uses being made of the Property; and 

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

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

the completed reclamation work, additional reclamation work, and any 

environmental remediation , including, without limitation, excavation and removal 

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

conducting other information gathering activities such as field investigation, data 

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

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

maintenance, and post remedial studies. 

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

Property including uses pursuant to the following agreements: 

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

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

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

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

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

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

pistol range; and 

(iii) A Grazing Lease and associated Work Agreement made 

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

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

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

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

6. Indemnifi.cation 

(a) By Grantor. Grantorshall defend, indemrxify 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 
Ent: 322317 - Pg 15 of 23 

related iictiVjties of Grantor ("Preexisting Environmental Condition"), e.xcept to the 

extent that such Claims result from: I) development of or activities undertaken on 

the Propertv by the Division that are not in accordance with this Easement, including 

dny e.yacerbation 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 Property, except to the extent that 

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

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

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

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

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

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

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

. defense of any action to which it is a defendant 

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

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

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

planJs which the Division may propose which require Grantor's review or coxwent, in 

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

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

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

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

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

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

authorities, except to the extent additional taxes or eissessments 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 titie to the 

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

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

termination of any of the restrictions of tliis instrument and if any or ail of the 

restrictions of the Easement are nevertheless terminated by a judicial or other 

5 
Ent: 322317 - Pg 11 of S3 

governmental proceeding, any and all compensation received by the Division as a 

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

the conservation purpose of the Easement 

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

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

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

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

parties may indicate in writing: 

ARCO 

Rocky Mountain Environmental Remediation 

555 Seventeenth Street 

Denver, CO 80202 

ATTN: Coordinator, Land Services 

Utah Division of Wildlife Resources 

1596 West North Temple 

Salt Lake City, Utah 84116 

ATTN: Chief, Habitat Section 

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

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

12. General Provisions. 

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

accordance with the laws of the State of Utah. 

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

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

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

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

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

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

interpretation that would render it invalid. 

(c) , Severability. If any provision of tlnis Easement, or the 

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

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

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

case may be, shall not be affected thereby. 
Ent: 322317 - Pg IE of 23 

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

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

Propertv in perpetuity. 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 RICIiFIELD COMPANY, a Delaware Corporation 

By Michael O'Cronnei 

Its Attorney-in-Fact 

STATE OF UTAH, acting through its 

DIVISION OF WILDLIFE RESOURCES, an agency of the 

State of Utah 

By Robert G, Valentine 

Its Director 
Ent: 322317 - Pg 13 of 23 

STATE OF COLORADO ) 

COUNTY OF DENVER ) 

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

of A^ a Ii- , 1994, by Michael O'Donneil, the Attorney-in-Fact of 

Atlantic Richfield Company on behalf of said corporation. 

Notary Public ^ ^ "^ 

Residing at •^^lg'v.-»>«>^ <!" i^J 

Mv Commission Expires: 

STATE OF UTAH ) 

COUNTY OF 9)0 U- lakf ) 

Tlie foregoing instrument was acknowledged before me on the f ? day 

of O^i'r , 1994, by Robert G. Valentine, the Director of the Utah 

Division of Wildlife Resources on behalf of "said organization. 

;>iOT.^aY p».mL:c 

DEMISE L. BUAYLOCK 

1596 VKBII Norm Tefnoia 

fJi-fUial '~X. 

!AII i-aM City, Utah in-p Notary Public 

•Ay ComnuiBian CKntrns 

Nav«niu«(23. '"Ju 

STATE OF UT.^H 

SAU l-aM city, Utah '" P i\Oiar y I'UDllC ^ ^ 75 . 

•%^?rr?5.1"?r' Residing at VM:^ C^JjL. 

My Commission Expires: 
Ent: 322317 i,Pg^l^ of 23 

0 .. 

EXHIBIT A 

PROPERTY DESCRIPTION 

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

State of Utah: 

Totmship 3 North, Range 3 West, Salt Lake Meridian 

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

Section 18: All 

Section 19; Lots' 1-4, E/2%/2, N»E, N/fSE 

Section 30; Ldt 5 

Township 3 NortH, Range 4 West, Salt Lake Meridian 

Section 12: SE 

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

northeast* comer of the NWSW, thence south 13^20 

feet, thence west 1320 feet, thence north 1095 feet 

thence cast 750 feet, thence north 225 feet, thence 

east 570 feet to the point of beginning. 

Section 14: S/2SW, SWSE 

Section 23: NESE; 

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

comer of the northwest 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 of the 

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 east 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 
Ent: 3E2317 - Pg 15 of 83 

\ 

north 2640 feet, thence west 3960 feet to point of 

beginning; 

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

point S89''25'W of the northeast comer of Section 23, 

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

feet, thence N43°55'E 281 feet, thence NSS'STE 162 

feet to point of beginning; 

ALSO a tract beginning at a point which is 50 feet 

north and 626. LI feet east of southwest comer of 

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

2006.34 feet, thence south 283,18 feet, thence west 

2006.34 feet to point of beginning; 

ALSO a tract beginning at a point 503 feet south and 

52.61 feet east of the west quarter 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-west centerline of Section 23, 

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

feet to point of beginning. 

Section 24; Lot 1, NW, N/2NE, SWSE, SE5W, S/2NE, N/2S/2, 

less and eiccopt a 100 foot wide strip for highway; 

5ind also any other real property which Atlantic Richfield Company 

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

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

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

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

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

Easement 

I-
Ent: 3S2317 -*Pt/lOof ^3'^ '» .. 

•^ ft 5 

"0 112S 

ADDENDUM 1 TO CONSERVATION EASEMENT 

This Addendum 1 to the Conservation Eascotcot dated and effective April 29. 1994 (the 

"Conservation Easement") by and between the Atlantic Richfield Company ("ARCO") and the 

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

effective as of this M- ^ dav of August. 1995. Tills Addendum 1 is necessary to implement the 

planned fencmg and iimaUation of signs as described in the Conservation Easement, and ARCO 

and the Division hereby agree as follows: 

1. A£ pan of its mainteoance responsibilities punuant to the Conservation Easement, the Division 

will be responsible for the implementation of all activities identified in the developtttent plan for the 

fencing and signs, which is attached hereto and incorpotatcd herein by reference 3$ Appendix 1 

(hereinafter, the "Development Plan"). 

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

($44,800.00) to cover the costs of the implementing the Development Plan. If the cost of 

implementing the Development Plan exceeds S44,S00.00, any such additional amount will be 

provided solely by the Division. 

3. ARCO's $44,800.00 conthbutio& will be placed in a dedicated (5970) fund to be administered 

by the Division solely for the cosu of impLetrieating the Devriopmeot Plaa If any of the 

$44,800.00 amount remains after inqilementadon of the Development Plan, such remaining fiinds 

will be used by the Divisioa solely for administering the Conservation Easemeot for the Carr Fork 

property. 

IN WITNESS WHEREOF. ARCO and the Division have executed this Addendum 1 tbnnigh their 

duly authorized representatives named below. 

B,, (./:> ^o ^ YeyAAHj. By: 'T^FM£:Z.J ^ 

U. H. Barker ^ ' R^benG. Valentine 

Title: Manager, Environmental Remediation Title: 

Assessments 

Atlantic Richfield Company 

G. Valentine 

iicaor. Division of Wildlifi: Resources 

Bv: V^l 

John Baker 

Title: S upervisor, OWR Budget & Accounting 

^/vQ^jzJi Q'\4<T^>^ 

Jordan C. Pedcrson 

Ccntnil Regipaal Supervisor 

Utah Divisioa of Wildlife Rjsources 
Ent: 322317 ->'P0Xh of f 3. 

APPENDIX I 

o<^ 11:^6 

ACTtyjTY. 

Survey 

tJew Fence 

Fence Repair 

Archaeological Survey 

Signns 

Main Entrance 

Boundary 

Interpretive 

Heavy Equipment Rental 

Total 

PS^CRIPTION 

6 miles @ $1,000 

7.7 miles ® $4,000 

5.5 miles ® $800 

2 miles ® $1,000 

4 ® $150 

50 ® $10 

2 ® $250 

32 hours ® $50 

COST 

$S.000 

$30,800 

$4,400 

$2,000 

$600 

$500 

$500 

$1,600 

$44,800 
tu 

>-

.

t

 o 

E

o 

n 

C

I 

L 

»-i 

ro 

CU 

Ol 

4

m 

> 
Ent! 328317 - Pg 18, of B3 ''>?f"/,. 

EXHIBIT "B" TO AMENDMENT TO CONSERVATION EASEMENT 

(Copy of Order) 

4420750 I.DCX: 
:i-.S,:n(iB IS 20 FAX 435 B33 B05B JUVENItE COURT Ent : 322317 - Pg ©ffoS/foqa 

V II^ 1 M 

Carl W. Banon #4792 

James L. Bamctt #7462 

HOLLAND & HART ILP 

60 E. South Temple, Suite 2000 

Salt Lalcc Cily, Ulah 84111-1031 

Telephone: (801)799-5867 

Facsimile; (801)799-5700 

AttorneysfvT Atlanlic Richfield Co, 

n U O DISTRICT COURT 

Third JucHdafDtvtrtM 

SEP - 2 2008 

M^ TOOELE CXNJWTY 

IN THE THIRD JUDICIAL DISTRICT COURT 

IN AND FOR TOOELE COUNTY, STATE OF UTAH 

ATLANTIC RICHFIELD CO,, 

Plaintiff, 

V. 

STATE Of UTAW, DEPARTMENT OF 

NATURAL RESOURCES, DIVISION OF 

WILDLIFE RESOURCES, 

Defendant., 

STIPULATED JUDGMENT 

AND ORDER 

Civil No. 080300644 

Judge Stephen L. Henrpjd 

Plaintiff Atlontic Richfield Company ("ARCO"), and Defendant, Slate of Utah, 

Department of Natural Rejourcw, Divieion of Wildlife Resources, ("DWR")joiiitly moved for 

declaratory judgment to amend a conservation easement. The motion and accompanying 

memorandum are supported by the Declaration of Thomas Bcclccr, a wildlife biologist with 

DWR. Because this Judgment and Order is consistent with the conservation purposes of the 

conservation casement, and based on the foregoing, the Court issues the following Judgment and 

Order: 
'nS/JOCtB IB in FAX 43S 833 B05B JUVENILE CDURT Ent : 3HS317 - Pgiaaj465pB23 

1. The Court finds and concludes that the continued use of the Necktie and Buzianis 

pieces for conservation purposes under the Can Foilc Conservation Easement is impossible or 

impractical. 

2. The Court finds and concludes that the Substitute piece provides a greater net 

benefit to the casement's conservation purposes and that neither ARCO nor the State will receive 

a fmanctaJ gain or private benefii from the substitution. 

3. The Court finds and concludes that amending the Carr Fork Conservation 

Easement to facilitate the contemplated property substitution is in the best interest ofthe parties, 

the easement, and the conservation values it seelcs lo protect. 

4. The Consewation Easement dated April 11,1994 ia hereby amended. The 

Conservation Easement now includes the following described real property: 

(Lot 1 Conservo Subdivision): 

A PARCEL OF LAND LYING WITHIN SECTION 12 & 13, 

TOWNSHIP 3 SOUTH, RANGE 4 WEST, SALT LAKE BASE & 

MERIDIAN, MORE PARTICULARLY DESCRIBED AS 

FOLLOWS: 

BEGINNING AT A POINT WHICH IS $ 76" 37' 16" E, A 

DISTANCE OF ),862.31 FT. FROM THE NORTHEAST 

CORNER OF SECTION 14 AND RUNNING THENCE S 76* 07' 

16" E, A DISTANCE OF 277.24 FT.; THENCE S 1T 48' 03" W, 

A DISTANCE OF 637,51 FT.; THENCE S 69* 37' 37" E, A 

DISTANCE OF 753.46 FT.; THENCE ALONG THE WEST 

LINE OF THE NORTHEAST QUARTER OF SECTION 13, S 

00' 42' 08" E, A DISTANCE OF 1,466.22 FT.; THENCE N 76' 

09' 52" W, A DISTANCE OF 659.35 FT.; THENCE S 14" 53' 08" 

W, A DISTANCE OF 726.13 FT. TO THE POINT OF 

BEGINNING. 

Approximately 22.9+/- Acres 

The Conservation Easement now excludes the following described pierces of real 

property: , 

(Buzianis Parcel): 
_ ! 

^•5/:'ni>9 IS 20 FAX 4D5 B33 8050 JUVEHUE CDURI ^^^^, 33231 7 > p . l^^^fOft , 

A PARCEL OF LAND LYING WITHIN SECTION 23, 

TOWNSHIP 3 SOUGH, RANGE 4 WEST, SALT LAKE BASE 

& MERIDLW, MORE PARTICULARLY DESCRIBED AS 

FOLLOWS; 

BEGINNING AT A POINT WHICH IS 50 FEET NORTH 

AND 626. n FEET EAST OF THE SOUTHWEST CORNER OF 

THE NESW, SECTION 23; THENCE NORTH A DISTANCE OF 

282 FEET; THENCE EAST A DISTANCE OF 2.006.34 FEET; 

THENCE SOUTH A DISTANCE OF 283,3 8 FEET; THENCE 

WEST A DISTANCE OF 2,006.34 FEET TO THE POINT OF 

BEGINNING. 

Approximately 13.0 Acres 

(The Necktie Parcels): 

1. A TRACT OF LAND BEGINNING AT A POINT 503 

FEET SOUGH AND 52.61 FEET EAST OF THE WEST 

QUARTER CORNER OF SECTION 23, TOWNSHIP 3 SOUTH. 

RANGE 4 WEST, SALT LAKE BASE & MERIDIAN; THENCE 

SOUTH A DISTANCE OF 359-36 FEET; THENCE EAST A 

DISTANCE OF 300.18 FEET; THENCE N SI* 32' E A 

DISTANCE OF 1,271.33 FEET; THENCE N 59" 47" E A " 

DISTANCE OF 172.81 FEET TO THE EAST-WEST 

CENTERLINE OF SECTION 23; THENCE WEST A 

DISTANCE OF 626.3 FEET; THENCE S 60' 25' 13" W A 

DISTANCE OF 960.45 FEET TO THE POINT OF BEGINNING 

Approximately 12.3 acres 

2. A TRACT OF LAND IN THE S/2NW OF SECTION 23. 

TOWNSHIP 3 SOUGH, RANGE 4 WEST, SALT LAKE BASE 

AND MERIDUN, BEGINNING AT THE SOUTHEAST 

CORNER. OF THE NORTHWEST QUARTER OF SAID 

' SECTION; THBNCE NORTH A DISTANCE OF 937,0 FEET 

ALONG THE EST LINE OF THE NORTHWEST QUARTER; 

THENCE SOUTHWESTERLY ALONG THE SOUTH LINE OF 

THE HIGHWAY A DISTANCE OP 1,783.9 FEET; THENCE 

EAST ALONG THE SOUGH LINE OF THE NORTHWEST 

QUARTER 1,518.0 FEET TO THE POINT OF BEGINNING. 

LESS THAT PORHON OF SAID TRACT THAT LIES EAST 

OF THE EASTERLY BOUNDARY OF ERICS ON ROAD. 

Approximately 11.2 Acres 
i.?.':'-Ti'.B 1E'3 1 FAX 435 833 8059 JUVENILE COURT Ent: 3a£317 •• Pg ?i°M«^ 3 

3, THAT PORTION OF LAND IN THE SWNE OF 

SECTION 23. TOWNSHIP 3 SOUTH, RANGE 4 WEST, SALT 

L A O BASE & MER1DL^J^ THAT UES WEST OF THE 

WESTERLY BOUNDARY ERICSONROAD, 

Approximately 1.3 Acres 

The Conservation Easement is also amended to include the following language; 

If circumstances arise under which an amendment to or 

modification of this Easement would be appropriate. Grantor and 

the Division may. by mutual written agreement, jointly amend thij 

Easement; provided that no amendment shall be made that will 

adversely affect the qualification of this Easernent or the status of 

the Property under any applicable laws, including Section 

170(h)(3> and 501(c)(3) of the Interna! Revenue Service Code of 

1986. Any such amendment shall be consistent with the 

conservation purpose of this Easement and shall not affect its 

perpetual duration and shall not permit any impainnent of the 

significant conservation values of the Property. Any such 

amendment must be in wilting, and signed by both parties, and 

recorded in the records of the official records ofthe Toocic County 

Recorder's oflicc. 

So ORDERED this 7 ^ day of August, 200B. 

UTAH DISTRICT COURT: 

Judge Stephen L, Henrqitd 

APPROVED AS TO CONTENT AND FORM: 

Martin B. Bushman 

Division of Wildlife Resources 

3I>M00» 1 DOf: