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I <br /> 1 <br /> i <br /> (j4ir~(( <br /> ' Execution Draft <br /> r + i <br /> change in zoning or other legal status of the SC Tract or P ands. OWNERS <br /> shall pay for one or more policies of title insurance insurin City's title to the <br /> Pazklands. <br /> i. <br /> i <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 co vey fee ownership <br /> of the Water Course to the City upon approval of the subdivisijbn of the lands that <br /> include the Water Course. } <br /> 4.2.4 Foundation Tract. City shall have received title to tl~e Foundation Tract <br /> in accordance with the terms of its purchase agreement with th~ 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 pe 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 ~ wining 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 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 activities 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 al. The easement <br /> document shall also provide that if and when City decides to inhibit 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 CTTY shall each <br /> pay for one-half of the cost of the fencing.. <br /> OWNERS further acknowledge and agree that, in addition to any otl#er basis authorized <br /> by law, the City of Eugene may refuse to amend the UGB boundarie 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, transfers, conveyances <br /> and agreements contemplated herein. J~ <br /> S. Limitation on OWNERS' Encumbrance of SC Tract. Until the ear~ier to occur of: (1) <br /> the date of tertnination 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~ecome attached to <br /> Urban Lands and Parks Pre-Planning Development Agreeanent ' Page 7 of 4 <br /> ~ <br /> F <br /> {j <br /> i <br /> f <br /> <br /> 800 f~ Sod '8 ~iSLNAi Md dAidBIId Z88~ Z89 T~5 XV3 5Z ~ iT bIOJQ fi0/9Z/OT <br /> <br />