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2. GRANT OF EASEMENTS. <br /> a. Arlie agrees to grant easements to the City on closing from the southerly <br /> terminus of Gonyea Boulevard and Eldon Schaffer Drive over the existing unimproved roads <br /> leading to the Property as shown on Exhibit C attached hereto and by this reference <br /> incorporated herein as though fully set forth. The easements shall be used by City exclusively <br /> for ingress and egress to the Property by City to design, construct and maintain the Ridgeline <br /> Trail and related improvements thereon. Arlie shall have the right to relocate such roads and <br /> easements from time to time at Arlie's expense. <br /> b. Arlie agrees to grant a public easement to City at a location mutually <br /> acceptable to both parties within 90 days following both City approval of a master plan for the <br /> Property and approval of any land use actions required to allow a trail to be constructed on the <br /> easement for public access to the Property. The public easement shall be not Tess than 50 or <br /> more than 65 feet wide and shall provide pedestrian access from the southerly terminus of <br /> Gonyea Boulevard or Eldon Shaffer Drive to the Property at a width and location mutually <br /> agreed upon by the City and Arlie. If the parties are unable to agree on the width or location of <br /> the easement, it shall be established by arbitration as provided in Section 8 below. The <br /> • <br /> arbitrator shall have discretion to establish the width between 50 and 65 feet and the location of <br /> the easement, and shall do so in a way which best satisfies the need for public access to the <br /> Ridgeline Trail and Arlie's desire to use, manage and develop the remainder of the Arlie <br /> Property. City shalt pay for any improvements to the easement necessary to make it reasonably <br /> suitable for access to the Property. <br /> c. Easements granted by Arlie to the City under Subsections 2 a. and b. <br /> above shall be perpetual. At such time as there is public road access to the Property either <br /> party shall have the right to terminate any or all of the easements granted under'2a. and b. upon <br /> written notice to the other party. Upon termination, the parties shall execute a document to be <br /> recorded in the property records terminating the easements of record. <br /> • <br /> 3. PRICE AND TERMS. The total sale price is Three Million Dollars ($3,000,000) <br /> payable in full on closing. No additional consideration shall be given to Arlie to convey the <br /> easements described in Section 2 to the City. <br /> 4. ENVIRONMENTAL CONDITION. Arlie has provided City with a Level 1 <br /> Environmental Assessment of the Property prepared by Omnicon Environmental Management <br /> dated April 1, 2002. Arlie warrants that it is unaware of any change in the environmental <br /> condition of the Property since the completion of that assessment. <br /> 5. LEGAL LOT. A private licensed land surveyor, in consultation with the Lane <br /> County Planning Department, will prepare the legal descriptions and determine the most <br /> efficient process to establish the Property as one or more legal lots. The City agrees to allow <br /> the property lines of one or both of the City -owned lots adjacent to the western boundary of the <br /> Property to be adjusted as a part of establishing the Property as a legal lot or lots. Arlie and the <br /> City agree to cooperate in the preparation and filing of the necessary land use applications and <br /> other instruments necessary to establish the Property as a legal lot or lots. Legal lot status shall <br /> be created consistent with Oregon statutes and local laws and regulations. The application and <br /> filing costs - for the County processes to create the subject parcel shall be bome by the City. <br /> Arlie shall pay for the necessary surveying. <br /> • <br /> PURCHASE AND SALE AGREEMENT - 2 (165519) <br /> • <br />