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r <br /> f <br /> 4 , <br /> Execution Draft ~ J ' <br /> change in zoning or other IegaI status of the SC Tract or P ~ lands. OWNERS <br /> shall pay for one or more policies of title insurance insurin 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 covey fee ownership <br /> of the Water Course to the City upon approval of the subdivisijbn of the lands that <br /> include the Water Course. !I <br /> I <br /> 4.2.4 Foundation Tract. City shall have received title to tl~ie Foundation Tract <br /> in accordance with the terms of its purchase agreement with tn~ foundation. <br /> 4.2.5 Easement Tract. MCDOUGAL shall have ex ~ ted a recordable <br /> instrument granting to the City of Eugene an exclusive and peg etual easement to <br /> use the Easement Tract to expand its urban parks and trails sy em, to connect the <br /> Foundation Tract with other public lands, and to make al other uses of the <br /> Easement Tract which do not interfere with the rights of th existing easement <br /> holder, or unreasonably interfere with the owner's use of the r airing part of the <br /> legal parcel that that contains the Easement Tract. The ity agrees that the <br /> westerly 100 feet of the Easement Tract may be burdened w , a secondary fire <br /> break, to meet minimum Lane County secondary fire bre ~ standards, to be <br /> maintained by MCDOUGAL. The parties understand that a term "secondary <br /> fuel break" does not require the removal of herbaceous plants r vegetation lower <br /> than two feet in height and further than any fuel break uactivities shall be <br /> conducted to minimize interference with parklands while = rotecting adjacent <br /> timber and will be subject to the City's prior review and appr~ival. The easement <br /> document shall also provide that if and when City decides to ~rohibit grazing on <br /> the Easement Tract, City will install fencing as needed to a able McDougal to <br /> continue grazing on adjacent lands, and that MCDOUGAL a:~d CITY shall each <br /> pay for one-half of the cost of the fencing.. j <br /> I <br /> OWNERS further aclmowledge 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 mutua~ly and satisfactory <br /> agreements as to all the terms and conditions of the development, tra.~tsfers, conveyances <br /> and agreements contemplated herein. <br /> 5. Limitation on OWNERS' Encumbrance of SC Tract. Until the ea~ier to occur of (1) <br /> the date of termination of this Agreement, or (2) the effective date of they UGB amendment, <br /> OWNERS shall not permit any Lien or encumbrance to be asserted against or~ecome attached to <br /> Urban Lands and Parks Pre-Planning Development Agreement ~ Page 7 of 9 <br /> i <br /> i <br /> <br /> 800f~] SOd '8 OKZHAt Md ~Hd~fld 2886 Z89 I65 ~XV3 5Z ~ TT HOiQ 60/5 /OT <br /> <br />