NOW THIS INDENTURE WITNESSES that in consideration of the sum
of ONE DOLLAR ($1.00) now paid by the Grantee to the Grantor (the receipt and
sufficiency yest is hereby acknowledged) and for other valuable consideration, the
Grantor, for itselfAits successors and assigns, does hereby give and grant unto the
Grantee, its successors and assigns, a statutory right of way for the full, free and
unrestricted right and liberty in perpetuity to enter upon, pass and repass for the
purposes of access for emergency and fire vehicles, personnel and equipment and all

incidental purposes in, over and uponithat portion of the said Jands in heavy bold
outline shown on Plan (hereinafter referred to as the "said Statutory

Right of Way").

The said Statutory Right of Way is essential to the operation and
maintenance of the Grantee's undertaking.

AND for the purposes aforesaid to enter upon and have free and
uninterrupted access at all times to the said Statutory Right of Way, with or without
workmen, vehicles and equipment.

AND it is mutually understood and agreed by and between the parties
hereto that this Indenture shall be construed as a covenant running with the said lands.

AND HAVE, AND TO HOLD unto the Grantee, its successors and
assigns forever.

THE GRANTOR HEREBY COVENANTS and agrees with the Grantee
that the Grantor will not erect, place or maintain any building or structureson any
portion of the said Statutory Right of Way except a concrete oF asphalt duveway.

AND THAT the Grantor will not do or knowingly permit to be done any
act or thing which will interfere with or injure the said works and in particular, will not
carry out blasting on or adjacent to the_said Statutory Right of Way, without the

consent in writing of the Grantee provided that such consent shall not be unreasonably
withheld. '

The Grantor further covenants ard agrees:

to improve at its sole cost the said Statutory Right of Way as an access
lane having a minimum width of 9 metres, designed, graded and finished
to the standard required of fire access pursuant to the Building Code of
British Columbia; and |

to repair} maintain, reconstruct or replace as necessary any improvements
on the_said Statutory Right of Way as required in this Agreement to the
standard of a lane as aforesaid. .

WE: 385397\0092M JG, FAM