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additional easements created pursuant to Paragraph 6a herein. Upon termination, the parties shall execute a document to be recorded in the property records terminating the easements of record. 3. DONATION. City staff shall complete a master plan of Property on or before July 1, 2010. Within 60 days of City staff's approval of the master plan, Arlie shall donate $600,000 to City or to a mutually agreed -upon third party, such as the Eugene Parks Foundation or an organization which has been determined by the Internal Revenue Service to be tax - exempt under subsection 501(c)(3) of the Internal Revenue Code for at least one year. The donation funds shall be used for any park - related purpose, such as land acquisition, natural resource restoration, or ridgeline trail design /construction within Eugene's park system. The determination of which of those park - related purposes shall benefit from the donated funds shall be within the City's sole discretion, except that any use of funds for park - related purposes not directly associated with the Property is subject to Arlie's approval. 4. ENVIRONMENTAL CONDITION. Arlie has provided City with a Level 1 Environmental Assessment of the Property prepared by Omnicon Environmental Management dated April 1, 2002. Arlie warrants that it is unaware of any change in the environmental condition of the Property since the completion of that assessment. 5. LEGAL LOT. A private licensed land surveyor, in consultation with the Lane County Planning Department, will finalize the legal descriptions and determine the most efficient process to establish the Property as one or more legal lots. The City agrees to allow the property lines of one or both of the City-owned lots adjacent to the western boundary of the Property to be adjusted as a part of establishing the Property as a legal lot or lots. Arlie and the City agree to cooperate in the preparation and filing of the lot line adjustment deeds necessary to establish the Property as a legal lot or Tots. Legal lot status shall be created consistent with Oregon statutes and local laws and regulations. Arlie shall pay for the necessary surveying which will not be subject to reimbursement. 6. CONVEYANCE. . Conveyance of the Property shall be free and clear of encumbrances except easements, reservations and restrictions of record that are acceptable to City. Arlie shall have no obligation to provide title insurance with respect to any of the Property conveyed to City. Conveyance shall be by Property Line Adjustment Deed or Statutory Special Warranty Deed. In the event that the County does not approve the verification of legal lot status of the Property created by the property line adjustment deeds, then Arlie shall take necessary steps to obtain such verification. Arlie shall concurrently grant the easements described in Section 2, above, by separate easement agreements. The Property Line Adjustment Deed or Special Warranty Deed shall reserve to Arlie and its successors and assigns the following rights and reservations with respect to the Property: a. ROADS. Arlie shall reserve easements one hundred feet (100') wide across the Property for the benefit of the Arlie Property, over the three (3) roads currently crossing the Property. Such roads are generally depicted on Exhibit C attached hereto and by this reference incorporated herein. Arlie shall have the right to improve and relocate such roads from time to time at Arlie's expense. In addition, Arlie reserves the right, to add one additional easement for construction and maintenance of such additional roads across the Property as may be required by any governmental agency for the development of the Arlie Property. The location of the relocation of existing easements or up to one additional easement shall be limited to the area of the Property between, and including, the existing road crossings as depicted on PURCHASE AND SALE AGREEMENT - 3 OF 6 (166380)