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EXHIBIT H
Case 1:05-cv-00367-ECH
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IN THE UNITED STATES COURT OF FEDERAL CLAIMS No. 05-367 L into which have been consolidated Nos. 05-484 L, 05-537 L, 05-1082 L, 05-1083 L, 05-1173 L, and 05-1175 L
)
GERALD E. ROTH, et. al., Plaintiffs, v. THE UNITED STATES OF AMERICA, Defendant. )
)
) ) Honorable Emily C. Hewitt
)
)
)
)
)
DECLARATION OF ELIZABETH F. PITTARD I, Elizabeth F. Pittard, do hereby declare: 1. I am a Legal Associate with IE Discovery, Inc., in Arlington, Virginia. IE Discovery, Inc. provides litigation support to the Department of the Navy in Washington, DC. 2. In December 2005, I ordered a search of title information, from the date patented to the present, for the following patented lands located in the Fairview Mining District in Nevada: a. Cyclone Mining Company, Lone Tree, Survey No. 2731, Patent No. 46489. b. Fairview Consolidated Mines Company, Argel No. 2, Survey No. 4184, Patent No. 522327. c. Fairview Tiger Mining Company, Detroit and Tiger, Survey No. 2745, Patent No. 47231. d. Ida Mines Company, Ida M #2, Survey No. 2657, Patent No. 46322.
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e. Fairview Philadelphia Mining Company, Lookout #2, 3, 4, 9, 10, and Fairplay, Survey No. 3383, Patent No. 90643. f. Nevada Hills Mining Company, Florence #4, Survey No. 2664, Patent No. 47230 g. Nevada Hills Mining Company, Boulder #1 N 1/2, Survey No. 2664, Patent No. 46326. 3. The title search was conducted by Steve Shurtliff of Top Flight Solutions in Sparks, Nevada from December 27, 2005 to January 7, 2006. The title search consisted of a search of the Churchill County, Nevada mining claim and land records. The search yielded copies of the mineral patents and all recorded deeds of transfer of ownership for the seven mining claims. Documentation for three &the seven mining claims is being submitted as exhibits in support of the United States' Motion to Dismiss Pursuant to RCFC 12(b)(]) and 12(b)(6). I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge. Executed on the /'/~ day of April, 2006.
Elizat~h F. Pittaxd' Legal Associate IE Discovery, Inc. Arlington, Virginia
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EXHIBIT I
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General Land Office ~e. 47231. THT- UNIfieD ZTATES OF ~RICA, TO ALL TO ~HOE T~SE P~ZEN, TS SHALD C0~, ~.=~-,~r-~. ~n~-~EAS.._~..
~inemal Certificate ~o. 1275
, ida pursuance of the provisions of the Revieed Statutes o~'.. the United
Six, Title Thirty-two, ~d legislation supplemental thereto, there :~ve been deposited in the General v~m~d 0ffige of the United States the Pl~t an~ Field ~otes of survey and the Certifleate, No. 1275, of the Eegister of the Land Office at Carson City, in the State of ~evada, accompanied by ot?er evidence ~'hereby it appears t]:at The Fairview Tiger Gold ~in.ing Comnany did, on the twenty-first day of February, A.D. 1908, duly enter an~ pay for thmt certain mining claim or premises, k~uo~n as the Detroit and Tigez lode minlng claims, degignated by the Surveyor General as Survey ,No. 2745, embracing a portion of the ~Insurveyed public domain, in the Fairview Mining District, in £he Co-~.ty" of Churchill and State of Nevada, in the District of Lands subject to sale at Carson City, and bo~mded, described and platted as follows, with magnetic variation seventeem degrees, thirty mimutes e~s't: ¯ Begi~ning, for ~=--. ~ description of the Detroit lode claim, at corner No. l, a pine post four inches squere, four and one-half feet !ozg, marked I - 2745, ~itb moun~ jf eartB ~md ~tone,I (con. next nage)_ !
"~ ~ '-.~ i
US00027
from which U. S. Location Eunument No. Document 24-5 182, bears north thirty-eight degrees, thirty-onePage 6 of minutes, Case 1:05-cv-00367-ECH Filed 04/04/2006 twemty seconds east four thousand nine h~mdred thirteen and five-tenths feet distant; Thence, first coUrse, south forty degrees, twenty minutes ~est three h~mdred feet to a point from w.hich location m~mument bears south fifty-five degree~, forty minutes e~ seven hundred fif~y feet distant; six humdred feet to corner No. 2, a pine post four inches squ~re, four and one-half feet lon~T, marked 2 - 2745, ~ith ~oumd of earth and stone; Thence, second course, south fifty-five de~ree~ forty minutes eas$ one thousand f~ve hundred f~et to corner No. 3, ~. pine post four inohes ~quare, foul and one-~mlf feet ion~, marked 5 - 2745, with mound of earth and stone; Thence, third eoI1rse, north fort7 degrees, twenty minutes east six h~udre~ feet to c~rner No. 4, a pine po~: four inches square, four and one-~alf feet long, marked 4 - 2745, wlth mound of earth and stone; Thence, fourth course, north flfty-five degrees, forty minutes west five hundred forty-four and forty-five-hundredths feet intersect llne ~ - 3 of the little Fellow lode claim, Survey No. ~E8, at south seventy-two degrees, fifty minutes east two hundred eighty-three and four-tenths feet frcm corner No. 2; eig~t hundred forty-one and fourteen-hundredth~ feet intersect line ! 2 of said little Fello~z lode claim, at north seventeen degrees, ten minutes east eighty-seven an5 six-tenths feet from corr~er No° 2; one thc~ud five h'&udred feet to co~er .Us. I, the wlac~ of beginning; the survey of the lode claim, as at:eve described, extending one thousand five h~udred feet in length ~iong said Detroit vein or lode: Beginning, for the description of the Tig,.~r lod~ cla~, at corner No. l, a pine post four inches square, four ~d one-half feet long, ma'_-ked i - 2745, ~ith mound of earth and stone,
21
[
from which said U. S. ~ocation monument No. 18;; bears north t~enty-three degrees, one minute east four thousand t~o h~mdred thlrty-six and five tenths feet distant; Thence, first course, south s~x-teen degrees, ten minutes east one ~u~;dred ninety-five a.ud seventy-one-h~amdredth~ feet intersect line 2- 3, the south;~est side line, of Survey go. 2664, the Florence ~o. 4 lode ~laim; six hundred fee% to corner NO. 2, a pine post four inches square, four ~nd one-half feet long., marked 2 - ~745, with mcumd of earth ~nd stone; Thence, second course, south seventy.-three degrees, fifty minutes west seventy-t~_ree an~ thir~-~-fo~-h-~udredths feeW intersect ~ine 3 - 4, the southwest side line, of the Ohio go. i lode claim, uzsurveyed; four hundred seventy-t~o and sLxty-two-hundredths feet intersect line 4 - I of sa~d Detroit lode el~im; one thou s~n~ four ;hundred ninety-eight feet %o corner No° 5, a pine post four inches square, four ~n~ on,-half feet long, marked 3 - 2745, with mound of earth sm6 stone;
[
Thence, thi_~d course, worth sixteen degrees, ten mintztes west three h:~dred feet to a l~oimt from zh!ch location mon~L~e.nt beers -~orth seventy-three degrees, fift.v minutes east one ~dred feet dieter.t; six h~r~dre& feet to corner ~o. 4, a pine post four inches square, four and one-half feet long, ~rke~ 4 - 2745, ~'-ith mound of earth and stone; Thence, fourth course, north sevent v-t~2ee degrees, fifty minutes east six hund~'ed ~entysix a~d six-teeth_8 feet imterSeet line I - 2 of said little Fellow lode claim, at north seventeen degrees, ~an minutes east one hundre(] six.y-four and nine-tenths feet from corner ~[o. 2; nine ~um~re6 f~r~--four and flfty-four-hundredths fee% intersect said line ~ - 4 of the Ohio No. 1 lode elalm; n~_ne hum&red e~_~h~-flve and slxty-six.-humdredths feet intersect llne 5 - 4 of 8ald tittle Fellow lode claim, at north se~ezteen degrees, sen minutes east three hundred sl~ty-%wo amd t~.emty-three-humdredt~ feet ~om corner No. Z; one thousand three hundred forty and seventyfour-h~redths feet intersect said line 2 - ~ of Survey No. 26£4; one thousand four hundred nize~y-eigth feet to cor~er No. Io the place of ,%egi1~u~_ng~ the survey of the lode claim, as ~bo~e described, exte~img one tho~tsand fo~r hur~red ninety-elght feet in length along said icon. next ~ge) ..
US00028
Tiger vein or lode; - expressly sxeeptimg and exeludimg from these presents. ~-II th~ portion
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of the ground, hereinbefore described, embraced in said Ohio No. i lode claim, o_nsurveyed, and those ~ortions of said Sua-:ey No. 2664 and said Little Fellow lode claim, Survey ~o. 2668, in COnlqict-with said Ohio No. I lode claim, a~d also all veins, lodes, ~nd ledges, throughout their entire depth, the tops or apexes of which lie inside of such excluded gro-~nd; the premises, herein gra~ted, containing twenty-seven and thirtqJ-three-thousandths acres, more or less: NOW ~OV, YE, That ere is therefore hereby granted by the United States unto the sald The Fairv, iew Tiger Gold ~/:ning Company and to its s11ceessors a~d assigns, the said mining premises hereinbefore described, Rnd not expressly executed from these preseDts, ar_d all that portion of the said Detroit and Tiger veins, lodes, or ledges, and of all other veins, lodes, and ledges throughout Their entire depth, the tops or apexes of =hich lie inside of the surface bccJ~dary lines of -aid gr~_uted premises in said Survey No. 2245, extended downward vertically, although such veins, lodes, or ledges in their downward co--~rse may so far de,art from a perpendicular as to extend oo_tside the vertical side lines of said ~::emises: Provided, T~t the "~÷ of _ rle;-~ Possession to such outside parts of said veins, lodes, or ledges, shall be confined to such portions thereof as lie between vertical pl~es dra~ ~o~-~nn~--rd t?~ough the :'nd lines of said Survey ~e. ~7~5, so continued in their or:n direction .that such 9lanes ~ifl intersect such exterior parts =f said vein~: lodes, or ledges: And provi~e~ ~arther, T~zt ncthinS herelm, containe~ s~all aut:~orire the {raztee herein to enter upon the surface, of a claim curried or possessed'by another. TO ~A-~ 6_~-T TO ~OiD said mining premises, to,ether ~tA all the r!zh~s, privileges, ~.un'%ies, azd ap_v~rtenances of r hgtsoever n~.t~re-t]-ere~_nto helongir47 "/~nto tlte saifl grantee above ~,~d znd to its successor~ an6 assigns forever; s-abject, zevertheiess, to the above-mentioned -~d to ~he fcll o.,-in~ conditions and stipulations: First. That ths L~remises h~reby gra~ted, with the. exception of the z~ucface, may be :ntere@ ~-~d the~rc~rietor of any other vein, lode or .e_.~e. the top or anex of ~hich lies outcid9 cf the ...... ~o,-~da_--£. of said -~r-anted -remises, ~ho:tld the s~J~e in its dip be fov...n,! GO nenetr~tte, intcr~nnt, or exten~ iztc said ~---emises, for the p~rpcse of extracting nn~ removirE t~e ~re .~.o=: such other -e~n, lode cr ied~e. Second. That The preiaises hereby gr~mte#, Phail be ~eid subject to any ve.~te#, and necrue~ water rights for mininE, agricultural, r:~--~ufaht~u~ing, or ct]:er purl-ores, az~ ~:~-~o.., .~.. in. ('itches ~nd reser-.-.oirs use@ in cow_neat!on ~it}t suck .~.ater rights a~ ~-~zy be recoEni::ed and acknowledged by the local l~-_.~.s, ev~stoms, and decisions of the co"~rtD, And thor= is re~c.~-ce6 from the lands
hereby grated a right cf way thereon for ditches or canals constl-aete#, by the authority of the "'~ited States. Third.~a~}-t iz~ thc absence of zecrszar~, legislation by Congress, t~:-,~ legislature; of Eeva~a~ m~y provide rules for working the mlnlnz claim or premises hereby gr~nte~, involving easements~ drainage, end other necessary meter, s to its coal¯late @~evelopm,,nt. ~ST~=Y. ~-AH~OF, Z Theodore Roosevelt, President cf the -Vnit~£~ States of America, have ca sed these letters to ibe made Patent, and the seml of the Goner-a! Land Office to be hereunto affixed, " " G~ ~--~er my Trend. at the City of T~ashington, the third day of August, in the year of our Lor~ one thou~am~ nine ".n~ndred and eight, and of the Independence __~ed States the of the ~'-'~ . one humdred ~n~ thirty-~hir6(Seal of the Unite@ States) ', (@emeral Zamd Office) i the President:- Theogore Roosevelt, E. ~. Young, Secretary#. John O'Conmell Acting- Recorder of the Caners! laud Office. Recorded 610~ VOi.
¯ ~...__._to ..__~c.
~on. next page )
~argimalRecord. J.Z.R.
3.
US00029
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Filed for rec.~rd at the request ol ~. E. Tituz, Ecv. I0, 1~98, at 56 mln. past 1 o'clo~P.~.
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--- ~.:zTr ....
USO0030
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File ~22522. ~IS _.,-DEE,~, ~ade the 9th.day of August in the Year of Our Lord Nineteen H~dre~ an8 Fifteen, Betw,,een A. E. Wilson, Treasurer of Churchill County, State of Nevada, Party of the i°irst part, and A. Eo ~il~on, ruswee for the Comuty of Churchill, State of Nevada, the party oi" the seeon6, part, ;Titnesseth, that the ~ai~ party of the first part, for :~u~ in consideration of the sum of 2hirty an& 05/100 ~30.05) Dollars, Legal ~_oney of the Unite6 States of America, to hi~ in han~ pai~ by sai~ secon~ party, the-~ceipt .~hereof is hereby acknowle~ge~, does by these presents ~razt, b~_r~.~ain, sell an~ convey unto the said party o~ the second part,an~ to its heirs an~ assi~_~ns forever, all of the followin~ describe~ la~u~, situate, lyin~ and being in ~he County of Churchill, State of ~eva~a, viz: _~tente0 Claims in the Falrv!ew ~iinir~ District, Survey ~o. 2~45, Detr_oit ~n~ Ti~er. The above ~escr!b¢~. !~n~ w~s ~ssessed by the C~nty Assessor of sai~ County for the year 1914, ~-n.~ ~u~y entere.~ on the Assessmsnt Roll o~ said County ~er sai~, year 1914, to the nan~ o~ Fai~'ew Ti~er Gol~ Ein~ Co., ~s shown at page ~____o~ sai~ Zseessment Roll, at a valnation of On,~ thou~an~ 00/ICO (~'!,000.00) Dolla~. That sa~( Assessment Roll was celivere~ to .~i~ County Tre~smrer ~or the purpose of coIlectin~ the taxes char~e~ therecn, on the Zr~. d~y o$ December 1914o ¯ ~aat ~me ~n~ legal notice to the taxpayers was give~ by the publication in th~ Churchill County StandarO ~ newspaper publishad in said County, an~ by po~tal earO as require~ by ~ection 1104, Com~i~ed Laws of ~evaSa, !90~, Cutting, ~iv.~ng each taxpayer personal notice ~f the amo,amt due an~ ~he date o_t delinquency an~ penalties, chargeable to e~eh, in .~ase e~ del!nq.ueney; The s~i~ taxe~ not having been paid, became delinquent on the ~irst Eonday of January 1915. That the ~_.~me of sai~ ~el~nqment taxpayer, with a ~escription of ~--e ~roperty u~on which the taxes hag not been p~i~, with the valua$ion of the property, an~ the amoun~ c~ ta~es ~e, were entere~ in ~he Delinquency List for said year 1914 o_z the ~irst ~ond~y of January 1915, vlz: On the 4th..~ay of said January, 1915°
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i
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That said County Treasurer caused to bepublished in the Churchill County %tandard a newspaper of general circulation published in said County from the 6th.day of January, 1915 to the 3rP. Gay of ~ebruary, 1915. being the second ~/onday of said month, the name of said delinquent taxpayer bein~ ~airview Tiger Gold Nining Co., with a full description of the property upon which~ taxes were due, wi~h the ~nount of the taxes, delinquency and costs of publication due thereon,
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v.ith notice, that if said taxes and all costs were not paid before, the proTnrty would be sold at the doGr of the Court House at Fallen, Nevada, on the second Monday of February 1915, viz: -he 8~n.P-ay of sai~ month, aS the hour of one o'clock P.~. of saio day, Said taxes and costs no~ having been paid as require~, by law, I did, in ~ur~us.uce .-ith s~id notice, sell at public aucSion, at the time and place given in said notice, to A. E. ~Tilson, Trustee for the County of Churchill, State of ~evada, for the sum of Thirty and 05/100 (~;30.05) Dollars, the s~nount of taxes and costs due on s~id property, he bein~ the highest an~ best bidder for sai~ property. That a Certificate of Sale ~escribing said property was made :lad delivered to said purchaser I. E. ~'ilson, Trustee for the Co~nty of Churchill, State of I~evada, a duplicate eL said ~ertificate "delivered t~ the County Recorder of said County, ~nich Certificate recites that if said pro~er~y is not redeemed before the explr~tion of six months from date of sale, to-wit: On the 9th.day of A~ust 1915, That said County Tre~urer will execute an~ deliver to said purchaser, a Deed for said property. Now the time for reSemptionof s~i~ property having expire~ anO no parw of sai~ property ~in~__ ~ been redeemed by the payment of the taxes and costs on same, this Conveyance is made in ~ccordanee with said Certificate of Sale, and said published notice,
!
Together with al!an5 sin~ar the tenements, here~itaments and appurtenances thereunto belon=~ng or in anywise a~pertaining, the reversion and reversions, remainder ang remainders, r@nts, issues and wrofits thereof. Tc Have and to Hold, all and sin~Tular the said premises, ~ozether with the a~purten~uces, u_u~o the sai~ party of the second part, ang to its heirs and assigns forever. v~ ~:~-~SS ~0F, the said ~rty of She first, part, has hereunto set his hand and seal the ~ay an~ year first abcve written. A~ E. Wilson. sesl. STATE OF ~A~A, Counzy of Churchill.( Ca this IOth.day cf A-~-ust A.D. 1915 personally appeared before me the an~ersigne~ a notary public of the State ef NevUs in an~ for Churchill County, A. E. ~i!oon known to me tc be ( )SS Treasurer, Churchill County, Nebulae
! !
the Treasurer of Chmrohill 0ouSt j, Nevada, and ackn0w.le~ged to me ~hat h= execute~ the above a~d foregoing dee~ as Treasurer of Churchill County, Nevada freely and volunt~wily and for the uses an-= pv.~-9oses therein mentioned, Given ua6er my hand and official seal the day and year in this certificate first above ,.~ritten° i~y ~ommission expires July 8, 1916. (Offici~ISeal) Eli Ca~u, ~o~ary Public.
~!ied .fOr _~ecord at.the request of i.E.~ilson, Aug.. 12, 1915, at IC rain.past 2 o'clock
Co. Recorder. USO0032
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~ --de this 25ta d~y of October, 1960, between the CO~TY OF ~ a political sub~Tlsion of the State of Mevack, by and ~ its BOARD OF C(X~ C0mff~IC~RS, the Party of the First Part~ and J. D. S~ers and B~nche C. ~ars, of the CAt~ o~ Chico, County of Butte, State of Caltfoz~ta, the ~ o~ the Second ~L~t. -W-I-T-~-E-S-S-E-T-H ~H~AS, the PArty of the Second Part on the 8th dIT of October, 1960, -~de application for permission to enter ~ the £~ claims. F~rl]~ ~D DIST~CT; ~ ~7~J ~ ~MJ~ES: DE~X)XT; TIGER, and explore the same f~ wa]nahle ~L~ra2s under the authori~ of Chapter 19 of the Statutes "of Nevada, ~3~, as approved March ~ ~; as aa~de~ and I~A~, an ~ 2?th day of October, 1960, the said County C~e~Lssioners o~ said Churchi21 Co~, in regular session dld contract with said party of the second part in regard to the above described mining claim; and WHEREAS, ~ the 2h+.h da7 of October. 1960, the part~ of the second part requested of said County Cc~mlssican~ that they execwte a deed onve~ the tit~ of such ounty to said Party o~ the Second Part, he having te~ sad ~ald to said Count~ Treasurer the ~ for ~hloh said property bec~ the property of sa~d om~; and ~O~, ~ this Y~ ~tnesseth: ~t the said Party of the First Part. the said Chn~ ~, by and thro~h the Board o~ Coe=t~ C~missioners, in order to carry ou~ the effect of t~e contraet to the ~t~tates Inneh eases ~ads and provlded and also In conslderatlon or the prsmlsee and the sma o~ FIFff~ne ~O/~OO~S (~O) ~m, the .~ rot. ~ch ~d~ ~r~ ~ the ~ o~ .~d ~, a~d l:~d to i% by the ls~ehas~, the said J. D. ~ and ~ C. SU]~q~S, the receipt whereof t~ hereby do ~¢]ata ~o tbo said Party of the Second Part, and to his heir~ and assigns all the estate, r~ht, title and iz~n~t ~ the said Party o~ the rlnt :Par~, has, of, in and to those certain lo~ ~ ~,-.,, arlt~t~ ~ ,~ txd~g ~,, t~e Co.~ of c~,n~ll, State of ]knra,~,, and more ~-.tt¢~1~ ~scrlbed a fo2.1.mm~, to ~t~
s~r~/zn6
US00033
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US00034
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US00035
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DEED TH~S INDENT RE. made this Z!st day o+'X,:-,'~mb:-r. I~".;~ 4r Fa ' i On,
{uunty OF Churc~i!], State of Nevada, by arid between RUBY ANDERS~)~, the Tre2sLirer and Ex-OFficlc TaR Receiver ~)f the County of Churchiil, State of Nevada, Par:y of Lhe First Per~, ~nd RUBY ANDERSON, Treasurer- of th~ County of Churchi!], State of Nevada, a~ Trustee, Party of the Second Part. W i T N E S S E T H WHEREAS, the following described land axed premises were duly assessed by the County Assessor of Churchill County, Nevada, for Lhe fiscal year 1990-9Z according to the provisions of the
Statutes of the State of Nevada, and duly entered upon the tax roll of said County for said Year to the names of the owners or cIaimartts of such property hereinafter set forth and as shown by saio ~ax roll; and WHEREAS, thereafter and in the manner and at the times and iR accordance with the statutes the said assessment and tax list was completed and presented to the County Board of Equalization and duly equalized as provided in the Statutes of the State of Nevada, and that thereafter ~a~d assessment roll was delivered to the County Auditor.of Churchill County and was by said Auditor duiy audited an~ the taxes exLended according to the Tax rate d~Iy fixed as provided by law; and WHEREAS, thereafter said ~ax roll was delivered to and received Dy the Ex-0fF~ci~ Tax Receiver of Churchill County for the p~rpcse of receiving a~d collecting ~he taxes due and as shown ~hereo~; ant Ch~= due and iega7 no%ice wa~ given as provided ~r, ~he E=a~=es c~ =he STa=e :F Nevada, stating =he da~es when ~he Z£xes wrTi ~e cue ar, c pavs~!e ~md the se--~ai~ies ama inZeres~ ~zc~c = --..~ D~ accsrd]mgiv.
US00036
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" =;!~he St=alEe ~f ~vada.~I the ! ~S~of ~de] ~nquent ta~ property, giving ! Zhe n2me OF the owner, ~S known, the d~scrip:;or~ c:f Dn wh;ch
DropecLy
the property due on said l~w, providing
~uCh ~a×es are a lien, ~he amount of Laxes
5nd ~he penalties and
costs as provided by
Further LnaL ir said amount v:as not paid ~he Tax Receiver would, ~jr~ ~e first r4ond~y i~ Nay of the current year at ~ : 30 o'clock P. M., of said day, issue to the CounZ.y Treasurerp as trustee f-~r St.a~e and County, a cer:ificate authorizing him to hold said property, subjec~ to redemption within two years after dare thereof; and WHEREAS, because said taxes, penalties and costs were not p~id as required by law, the Treasurer and Ex-Officio Tax Receiver did issue &o ~he County Treasurer of Churchi;) County the certificate required by the Statutes of the St3te of Nevada; and WHEREAS, ti~e ~ime for redemption for said property expired and no part of the foiiowing described property was redeemed as by law provided: NOW, THEREFORE, by virtue Of such circumstances and the aforementioned certificate, in accordance with the statutes in such cases made and provided, the said Party o~ the First Part, for and in consideration of the sum of ONE H~DRKD FIFTY-EIGHTAND 93/100 (158o93) DOLLARS, the same being in legal effect made, does by these presents, remise, release, quitclaim and convey un~o the Party of the Second Part and ~o his successors in ~rust for the use and benefit of the State of Nevada and the County of Churchi!I, el I right, title and interest in and to ~he following described land and premises, situate, lying a:~ being tn ~he County ~ ~, Churchi t~, S~ate of Nevada, to-wit:
THE FAIRVZEW F![~:]};G DIStRiCT 5!7£'7EY =2~4~ XA}{E~ : 3e::'cic; Tiger ~ARCZL =OO0-3~ ~-99 7.\ETT :~7 TEE F[R<; FA£7 - ~.~ZFY (~. ST;X2
-, r~i 2o
.~7US00037
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RUBY ANDERSON County Treasurer and E~-Officlo Tax £eceYver of Churchill County, State o, Nevada
US00038
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THIS INDENTURE, made '%h~s :2I:s¢ day of NO.%t'e'ga~.T, tg~& :County of Churchtll, State of Nevada, by aP.d betweenRUBY ..NDERSON,;: ....
- _ ::-at_ Fat~,on/ ~./ ¯~
the Treasurer and Ex-Offic~¢ Tax Receiver Of ~he County of Church~State of Nevada, Partly ~f the First Part and RUBY ANDERSONz . ¯" " -"- ": .... ~ -~-----:.-i Treasurer of- the County o.f Churchi.! I, S~ate of Nev~da.p -as T:rus~;eev. ',Party of the Second Part. :. _W I Z N E S S.E, T H . ~ T.: ' ill
WHEREAS, -the foi lo~ing described laf, d a~d premlses.~e~e.i:~.~]y..~.~: :assessed by the County Assessor of C!~urchill -Col~nt¥, iNev~d~..i:f-,(~E-~-.:~:!:!/~he .:fiscal year 1~90-9i ~iStatures of the State of Nevada, andduly ro]l of said County for said Year to the names Of t~he~-.6~ ~ci.aimants o~= such property hereinafter set.~o~tl~ and::bY_ said ~ax roll; and , .. .. "...... . " - :.}_ according to t~tie Pf~,v.i.s~io~s:o~.!
, "~.: .. - : . .:...
:~.:-
~.i~
. -',..
WHEREAS. thereaE~er and in the manJ)e~ and'al~ the time
.
-. . :....-:: ~. "~ i~ .-.:--_i- - -./ ~:--- :~.i!~::.-.:~
:iTn accordance with the statutes ~he said ass~ssment and tax.-li~t:.:
~-~as Completed and presented to the County Board of~EqualiZai;lon: - ,-.. ::...~..~....i ::-_ :i-~.: ?and duly equalized as provided in ¢i~e~S~:atutes of the SCare:of -Nevada~ arid that thereafter sa~d assessment ro]| ~a~ ~dei iver:ed :1;< ithe County Audit;or.of Churchill County and was by 5aidAudi.t-b(~-. ~u|y audited and the taxes extended-accoi;ding to the Tax rat~ duly fixed as provided by law; and WHEREAS, thereafter said tax roll was delivered to an.d~re-. ' _.-.
. ..: - _ - .:
- " ~ : ..... : - iI 'i :.::.-i-, i~r-..::-i..
.~eived by the Ex-OfFicio Tax Receiver of Churchill Count¥ For- the.~ ~i~ purpose of receiving and collecting the caxes due and as shown thereon; and tha~ due and iegai notice was given as provided Jr,
£, -.-
t~xes will ~e due and payab!e and the oena]ties an0 im~eres~ added i~ no= ~aid accordingly. Tha~ a~ter the ?irs~ Monday- in ~.J~C~, I994 , ~he Tax Recei:ver ca~se.d to be DuDlished cr posted as required bY the 5~a~u~e5 ~
US00039
Case 1:05-cv-00367-ECH
Document 24-5
Filed 04/04/2006
Page 18 of 21
"
i~t~ name o~!:~hei:o~e;~,
t-pt|on':~f: the property
"
on which such taxes are a -i~i!en~ '~e amount ~.: Laxes due on ~aid property and the pen:alties and::costlS as provided by law, providing .
. . .} . -.- : . . ,:_ 3
furtMer thai if said. amoun~ ~as: not paid t-he Tax Receiver would,
on the firs~ Monday in May of-the
.current_year
at 1:)O:o'cIock
P. M., of said day, 15~ue to:~the"CcR~yTreasurer, as trustee for S~aCe and County, a certi.ficate authorizing hIn, to ho)d said property, subject ~o redemption wi:thin two yeaFs after date
?
-thereof; and ~; " WHEREAS, because said taxes, penalties and costs were not ~:~; .: :~
:!:paid as requilred by. law, the Treasurer and Ex-Officlo Tax Recelver~: ==did issue ~o the CountyTreasurer .dr ChurchiI! County ~he cer~ifI~4 ~caterequired by the Statutes Of the State of Nevada; and :~i~..~
WHEREAS, the time for redempti!on for:said property expl-red
Jand no part of the fo|lowing descr:i~ p~operty-~as redeemed a~ " ; i~y law provided: .... -~ : " ...... , !/.~!~1:";i~~ -,.-..: ... - : ~ "
.- -., : ... "
NOW, THEREFORE, by virtue Of..su~h circumstances and t'h.e ~afore~en~idned certi-fica~e, :in. acc0rdanc~ WiEh~h:~::~ta:tbtes~n': ...... '~,-- " ': "".-i .~ ¯ " '" .- :;~ . " . : such cases made and provided, ~he said Party of-thb ;FtrsC.;Part~ "ilC " ~"~.:
Cfor and in consideration of the sum o~:ONE BIJN1)RE~JD ~IF~-EIG~IT AND 9~/[~[ - (I58.93) DOLLARS, ~the same being in legal effec~ made, does by these presenZs, remj.se :release, fluitclaim and convey-unto the Party of the Second Part anff -~o his successors in ~rust for the use and benefit of the State of Nevada and the County of Churchill, a1! right, title and i~terest and to ~he following described land and premises, situate, lying and being in the County oq Churchill, State o~ Nevada, to±wit: THE FAIRVIE¢ MINING DISIR!CT SURVEy #2745 ~i~ME0: Detroit; Tiger P2d~CE'L #000-0bi-99 PA.RTT OF Tr/E F£R.qT P.~P.T - HARRY C. SL~FERS
¯-~,t~ .....
USO0040
Case 1:05-cv-00367-ECH
Document 24-5
Filed 04/04/2006
Page 19 of 21
USO0041
Case 1:05-cv-00367-ECH
Document 24-5
Filed 04/04/2006
Page 20 of 21
/
Ii
THIS Z.KDENTURE, made this ~ntle~ d~y of Decembe-, "~94, between
i~.~mBY _~z~o~, ~easurer and ~rustee for Church-:n County, State-.~ r.-~.-~d.,
!!Tn-e Party of the First Part, and Cc~_Vets Mining of 2875 Alien Rd, Fallon, iiNevad~, 89406, Parties of the Sec~.~d Part.
;
Wi TNES SETH : ii ~'~EREAS, The Party of ~he First Par~ holds in trust under tax sale and .i
i
ideed certaZn parcels of land; and !i,, ~T~z~. ~EAS, The Board of County Cc~nRissioners of ilNevada, on the First day of December, A.D., '994, authorized and directed said :~ ¯ ,!
l
~iCounty Treasurer, as Trustee, to sell at Public Auction to,c~e highest bidder ..for cash, a certain parcel of land as hereinafter described; and ~E'REAS, The said Party ef the First Part on Tuesday, the Twentieth day
il
| {I . :~
i~of December, A.D., 1994, at the hour of I0:00 A. M., of said day, after due and public notice had been given as required by the laws of the S~ace of I~s:adai ; duly and fairly sold at public auction on the West sld~ of the Courthouse, in the City of Fallon, County of C~urchi!l, Sta~e of Nevada, puzsuant to said order and the provisions of law, the premises as hereinafter described, Co ComVets Ricing, Parties of the Second Part, for the sum of FOUR I~D~ED~D ~O/100 ($400.00) ~3LLARS, in lawful money of the United Sza~ea of Ammrlca, i~"~ey, being the highest bidder and that being the highest and best sum bid f~rl. ~ :.~ "-~ ~:~
[
!
~-i ! .~
lithe ,~e; ~d
~ ~:~-..,~; ~
W~E~EAS, ~Y~- maid Par~ies of the Second Pert thereupou pald ~o the ~c~:-. ". '~,.~: ~! ~t. "and Zr~te~ the s~-~i~ s,,~. of FOUR a~DZZ~ ~ N0/Z00 (S~O0~OO).~" . ~:; ii ~"~ ~'~ ~re~=er i ~.:and She ~oard of County Conu~.ssioners approved -ach ~n the First day of '~ !i'Decem~er, 1994, amd thereupon authorized and dirrcted the County Treasurer an~:~i ,~ -~ ~!;iF1~astee to execute a deed of Conveyance to the said purchaser the proper~y. ..~ 4 iihere~nafter d,:scribed"
¯
~,,
NOW.. THEREFORE, CMs indemture witness~.th; Thzt the said F~B7 NN~
'""
,~ "~.
i! Treasurer and T~astee far Churchill Co~.uty, State of Nave.de, in order to carry iiout:~ the effect of the sale so made by he._- as aforesaid, and in ~ursuant. of sal4 [ ~ iiorder so made as aforesaid, and in confo~--aity .with the statntes in such cases ..anne ~_, :| ~ l% provided, and also in consideration of the sum of FO-wR H'D~DEED ~ '"
t
[
~!NO~ iv0 ($400.00) DOLLA-RS, so bid and p~. ~ t~ her by the Parties of the Sec~nd !~Par=, the receipt whereof is hereby acknowledged; hath re~--~d~ released, and L;~uitc-,el~ea and hy these presents does r~ise, releas,z, -~k~d forever quitclaim i~vm£o ~he said Parties of ~he Second Part and to the s~,r,,ivor of them., amd.to ~ ~:_ heirs a~d assignee of s,Jch s'J~livo£ forever, all ~he rJ~t, title, and i~l~erest ~hich the said Party of ".;he First Part, on ~he T~ntieth day of :.,.Dec%~=er. A.D., i994, or at ~nv .ti~_ afterwards or now, has of, in a~_d to thct ~c_--rtain lot, piece, or ~rcel ef !and situated, lying and ~eing in the Ccu~y ~=~- .-,, ~tatc ~f ~.eveda, as acou~-red by tax deed and by virtue of
~:
US00042
Case 1:05-cv-00367-ECH
Document 24-5
Filed 04/04/2006
Page 21 of 21
US00043
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