Status: Registered Doc#: TH11580 RCVD: 1994-08-05 RQST: 2015-04-24 10.35.05

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· " . i(v-:~· 11i# 0 I I 51 G ), 1102 / }::>R~ITLE ACT "-- ( ./ 0 () _ ( JC ) ,...,, .. <~ecti0n '219.9)

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TH011sao

Province of British Columbia GENERAL DOCUMENT (Thi s area for land Title Office use) PAGE of 1. pages

1. APPLICATION: (Name, address, phone nlft>er and signature

2 .

3.

4.

Lawson Lundell Lawson & Mcintosh 1600 - 925 We~t Georgia Street Vancouver, B.C., V6C 3L2 Attention: Kelly Oehlschlager Tel: 685-3456

PARCEL IDENTIFIER(S) AND LEGAL DESCRIPTION(S) CPll>) (lECiAl DESCRIPTION) SEE SCHEDULE

NATURE OF INTEREST:* DESCRIPTION DOCUMENT REFERENCE

(page and paragraph) SEE SCHEDULE

TRANSFEROR($):*

OF LAND:*

~ 6 (I '8:1/9't A90S5 Cl IAf({.; f ~(.Ii I,{. . J

PERSON ENTITLED TO INTEREST

5. TRANSFEREE (S) : (Including oecupation(s), postal addressees) and postal code(s))* ALCAN ALYMINIQM LIMITED (registration No. 3175-A), a federal corporation having its principal office at 1188 Sherbrooke Street West, Montreal, Quebec, H3A 3G2

6. RXBCUTION (S) : •• By signing this doclnent you are affecting the land in the manner described in Item 3 .

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OFFICER CERTIFICATION:

Execution Date

I y M

I I I l I I

lq1I 7 I I I I I I

D I I I

I I I I I I l~/I I I I I I I

L-~-L~~-'--__J

Party{ies) Signature(s)

Your signature constitutes a representation that you are a solicitor , notary public or other person author ized by the Evidence Act, R.S.8.C. 1979, c. 116, to take affidavits for use in British ColiMl'lbia and certifies the matters set out In Part 5 of the land Title Act as they pertain to the eKecution of this instrunent.

" If space insufficient, enter "SEE SCHEDULE" and attach schedule in Form E. ** If space insufficient, contll'\Ue executions on additional page(s) in Fonn O.

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Status: Registered Doc #: TH11580 RCVD: 1994-08-05 RQST: 2015-04-24 10.35.05

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-------------------------------------------·.

LAND TITLE ACT FORM D

EXECUTIONS CONTINUED

Execution Date Officer Signature(s)

OFFICER CERTIFICATION:

I Y I I I I I I I I I

l '7/ .S/ 6"1i?luP<.)l

I I I

M D

Page 2 of 7 pages

Transferor/Borrower/Party Signature(s)

ALCAN ALUMINIUM LIMITED by its Attorneys

Name: D.F.: TE001404

irector of uman Resources

Sykes, Director Operations

Your signature constitutes a representation that you are a solicitor, notary public or other person authorized by the Evidence Act, R.S.B.C. 1979, c. 116, to take affidavits for use in British ColUTbia and certifies the matters set out in Part 5 of the Lend Title Act es they pertain to the execution of this instrunent.

Status: Registered Doc#: TH11580 RCVD: 1994-08-05 RQST: 2015-04-24 10.35.05

LAND TITLE ACT FORM E

SCHEDULE Page 3 of 7 pages

ENlER THE REQUIRED INFORMATION IN THE SAME ORDER AS THE INFORMATION HUST APPEAR ON THE FREEHOLD TRANSFER FORM, MORTGAGE FORH OR GENERAL DOCUMENT FORM,

2. PARCEL IDENTIFIER($) .AND LEGAL DESCRIPTION(S) OF LAND:* (PIO) (LEGAL DESCRIPTION)

Burdened Land (Servient Tenement), collectively referred to in the Terms of Instrument - Part 2 as the "Land":

[insert upon filing subdivision plan]

..ht)t; of Block District Lots and

an 1111, Coast District, P - .. __ [insert ~plan]

upon filing

f l.' f\ I~ 1) '

r rd}'

Benefitted Land (Dominant Tenement), collectively referred to in the Terms of Instrument - Part 2 as the 11 Alcan Property":

013-085-352 013-085-395 013-085 - 441 013-085 - 484 013 -085-522 013-085 - 549 013-085-590 012-877-298 013-085-638

District Lots 91, 92, 93, 94, 96, 102A, 186, and 6058, Block 1506 of Lot 73, Plan 6148 (respectively as to Parcel Identifiers), All of Range 5, Coast District.

District Lot 187, except Plan 11524, Range 5, Coast District

3 . NATURE OF INTEREST: * DESCRIPTION DOCUMENT REFERENCE PERSON ENTITLED TO INTEREST

(page and paragraph)

Easement Page 5, paragraph 2 Transf eree

Restrictive Covenant Page 6, paragraph 3 Transferee

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TERMS OF INS'I'RUMENT - PART 2

SMOKE EASEMENT (AND RESTRICTIVE COVENANT)

This Easement and Restrictive Covenant Agreement dated for reference August 5, 1994 is made

BETWEEN:

AND:

ALCAN ALUMINIUM LIMITED, a federal corporation having its principal off ice at 1188 Sherbrooke Street West, Montreal, Quebec, H3A 3G2

( 11 Alcan")

OF THE FIRST PART,

Kitimat, British Columbia, V8C 2L5

('-") OF THE SECOND PART.

WHEREAS:

A. - is the registered owner of the land (the "Land") legally described as the Burdened Land in the Form E Schedule to Part 1 of this Instrument.

B. Alcan is the registered owner of the land (the 11 Alcan Property"} legally described as the Benefitted Land in the Form B Schedule to Part 1 of this Instrument.

NOW THIS AGREEMENT SETS OUT the terms and conditions on which Goyert has agreed to grant Alcan certain easements and restrictive covenants pursuant to an agreement of purchase and sale (the "Main Agreement") dated December 17, 1993:

1. Interpretation

In this Agreement,

(a) "Alcan" means Alcan, its successors and assigns and, (where Alcan is being granted rights} its or their respective employees, agents, contractors, permittees and licensees;

(b) ·-11 means- and its successors and assigns;

' ·

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(c) all promises and agreements set out here will be legally enforceable as obligations forming an inherent a~ral part of interests in land granted byllllllllto Alcan.

2. Smoke Easement

(a) 111111 now grants to Alcan for the benefit of the Alcan Property the full, free and uninterrupted right, licence, liberty, privilege and easement in perpetuity for Alcan from time to time and at all times to use all or any part of the Alcan Property

(b)

(c)

(d)

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(i) for the purpose of aluminum smelting, metallurgical and chemical works and, without limiting the generality of the above, for the purpose of any other industrial works of any kind (the "Works"); and

(ii} to allow the Works to create a nuisance on the Land (including, without limiting the generality of the above, by the emission or production of odour, dust, particles, smoke, gas, vapour, fumes, vibration, noise, electricity, or explosion}.

11111111 agrees that Alcan will not at any time be liable to - or any other person now or at any time having an interest in or occupation of the Land for any damage, loss, inconvenience, trespass or nuisance (including, without limiting the generality of the above, consequential damage, loss of profits, and total or partial destruction of all or any part of the Land or anything on the Land) resulting from or incidental to the operation of the Works on the Alcan Property {collectively, 11 Damage 11

).

llllllllalso agrees that neither it nor any other person now or at any time having an interest in or occupation of the Land will have any right of action at law or in equity against Alcan for or in respect of the Works or any Damage.

If, in spite of the above, any person ever has a claim against Alcan in respect of the Land for Damage from which Alcan is not protected under the preceding paragraphs, - now waives and releases Alcan from any claim for Damage that it may at any time possess or pretend to possess and will indemnify Alcan and save it harmless from any claim for Damage by any third party.

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3. Restrictive Covenant on Emissions and Effluents

llllllllll agrees that it will not use the Land for any ~rial or other purpose which results in the emission of atmospheric pollutants or liquid effluents except those which are approved specifically by chemical compound name or class and which do not exceed the volume per time period for which Alcan has given its prior written

al . Without limiting the generality of the above, agrees not to use the Land for the purpose of any

rial or other process which results in the emission of gaseous fluorides or polycycl i c aromatic hydrocarbons.

4 . General

(a) 1111111 grants these easements and restrictive covenants in favour of the Alcan Property, Alcan, and all other persons n ow or at any time havi ng any interest in or occupation of the Alcan Property.

(b) lllllll grants these easements and restrictive covenants with the intent to bind all persons who may from time to time be the registered or beneficial owners, assignees, transferees, lessees, occupiers or successors in ti t le of the Land either at law or in equity.

(c) llllllllll will , at its expense, do or cause to be done ~ch acts, d eeds, matters and things and execute or cause to be exec ute d all docume n t s and plans as may be necessary to give proper ef fect to the intention of this Easement and Restrictive Covenant Agreement and to allow the registration of these easements and restrictive covenants at the Land Title Office.

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(d) 1111111111 now gives Al. can the full right of access to 't"h"e""""Lnd at any time and from time to time on reasonable notice to enter on the La nd to inspect a nd ~e operations of llllllllll in order to monitor ~s compliance with this Easeme nt and Restrictive Covenant Agreement, provided that Alcan will not unreasonably interfere with - · s use and possession of the Land in so doing.

(e) None of the covenant s and agreements in this ~ent will be personal and binding on Alcan or ....... save and except for the t erm of their respective owners hip of any int ere st in the Land or the Alcan Property.

· ....

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~tatus: Registered

(f)

(g)

(h)

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If any clause in this Agreement is unenforceable, it is agreed that it wi.11 be considered deleted from the Agreement so that the rest of the Agreement can be enforced as though such clause was never included in this Agreement.

If at any time Alcan does n~tly enforce the terms of this Agreement andlllllllllcould, acting reasonably, think that Alcan had waived its rights, llllllllmust inform Alcan in writing of this (and "Ar'C'a'ii'""will the~to fail to act to enforce such rights) beforellllllll can make any claim that Alcan has waived any of its rights under this Agreement. In any event, any waiver by Alcan will not be considered a waiver of a continuing breach, a similar breach or any other breach of this Agreement bYllllllll·

END OF DOCUMENT

any of the or its the Main

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