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Execution Draft <br /> change in zoning or other legal status of the SC Tract or Parklands. OWNERS <br /> shall pay for one or more policies of title insurance insuring City's title to the <br /> Parklands. <br /> 4.2.3 Water Course. OWNERS shall have granted to the City of Eugene an <br /> exclusive easement for all uses of the lands comprising the Water Course and <br /> shall have executed a binding and enforceable agreement to convey fee ownership <br /> of the Water Course to the City upon approval of the subdivision of the lands that <br /> include the Water Course. <br /> 4.2.4 Foundation Tract. City shall have received title to the Foundation Tract <br /> in accordance with the terms of its purchase agreement with the foundation. <br /> 4.2.5 Easement Tract. MCDOUGAL shall have executed a recordable <br /> instrument granting to the City of Eugene an exclusive and perpetual easement to <br /> use the Easement Tract to expand its urban parks and trails system, to connect the <br /> Foundation Tract with other public lands, and to make all other uses of the <br /> Easement Tract which do not interfere with the rights of the existing easement <br /> holder, or unreasonably interfere with the owner's use of the remaining part of the <br /> legal parcel that that contains the Easement Tract. . The City agrees that the <br /> westerly 100 feet of the Easement Tract may be burdened with a secondary fire <br /> break, to meet minimum Lane County secondary fire break standards, to be <br /> maintained by MCDOUGAL. The parties understand that the term "secondary <br /> fuel break" does not require the removal of herbaceous plants or vegetation lower <br /> than two feet in height and further than any fuel break activities shall be <br /> conducted to minimize interference with parklands while protecting adjacent <br /> timber and will be subject to the City's prior review and approval. The easement <br /> document shall also provide that if and when City decides to prohibit grazing on <br /> the Easement Tract, City will install fencing as needed to enable McDougal to <br /> continue grazing on adjacent lands, and that MCDOUGAL and CITY shall each <br /> pay for one -half of the cost of the fencing.. <br /> OWNERS further acknowledge and agree that, in addition to any other basis authorized <br /> by law, the City of Eugene may refuse to amend the UGB boundaries or the Metro Plan <br /> unless negotiations between OWNERS and PARKS result in mutually and satisfactory <br /> agreements as to all the terms and conditions of the development, transfers, conveyances <br /> and agreements contemplated herein. <br /> 5. Limitation on OWNERS' Encumbrance of SC Tract. Until the earlier to occur of: (1) <br /> the date of termination of this Agreement, or (2) the effective date of the UGB amendment, <br /> OWNERS shall not permit any lien or encumbrance to be asserted against or become attached to <br /> Urban Lands and Parks Pre - Planning Development Agreement Page 7 of 7 <br />