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i <br /> Prepared by: Consuelo Boyd <br /> Eugene, OR After recording return to: Amy Evans <br /> 659 E. Broadway (Hillyard) McDonald's USA, LLC <br /> LlC: 036-0174 One McDonald's Plaza <br /> File # 12608 Oak Brook, IL 60523 <br /> TEMPORARY CONSTRUCTION <br /> EASEMENT <br /> j <br /> THIS TEMPORARY CONSTRUCTION EASEMENT ("EASEMENT") is dated as of <br /> February 5, -2007, by and between McDonald's USA, LLC, a Delaware limited liability <br /> company, as successor in interest by merger to Golden Arch Limited Partnership, a <br /> Delaware limited partnership ("Grantor") and Ci#y of Eugene, an Oregon municipal _ <br /> corporation ("Grantee"). The following statements are a material part of this agreement: <br /> <br /> i <br /> A. Grantor is the owner of a tract of land legally described in Exhibit A attached hereto <br /> and incorporated herein by reference ("Grantor's Property") <br /> B. Grantee has requested and Grantor has agreed to grant an Easement upon, over, <br /> across, in, through and under a portion of Grantor's Property which is approximately <br /> 534 square feet ("Easement Area"), <br /> NOW, THEREFORE, in consideration of the mutual covenants set forth herein and other <br /> valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor <br /> ' and Grantee agree as follows: <br /> 1. Grantor. hereby grants to Grantee the .Easement for ingress and egress upon, over, <br /> <br /> ' aer-oss-in; -through-and-under-the-Easement-Area-for-the--purposes-of-excavating-and-r-emoving <br /> soils, constructing and/or improving a public street, highway, walkway, trail, telephone <br /> communications, gas, water, sewer, drainage, or other utility transmission or distribution <br /> facilities as necessary for°the re-routing of Highway 99. In addition, Grantee agrees to remove <br /> at its sole cost and expense 4 trees along the property line in the area of the new secondary <br /> access to be constructed as a part of the project to provide direct access for McDonald's to <br /> Hilyard Street. Grantee agrees to construct this secondary access to Hilyard Street. This <br /> approach is being constructed to replace the secondary approach being eliminated on Stn <br /> Avenue at the north end of the property. Grantee agrees to replant appropriate street trees and <br /> replace landscaping at its sole cost and expense. Grantee will also remove a planter strip and <br /> repave the area -and match present improvements to proposed improvements. (collectively, <br /> "Grantee's Work"). <br /> 2. Grantee will notify Grantor c/o Patti Sanders, Phone 541-431-0885 not less than 72 <br /> hours prior to commencement of Grantee's Work in the Easement Area and will perform all <br /> work in such a manner so as to not unduly disrupt the operation of the McDonald's restaurant <br /> on Grantor's Property, including its drive-thru operations. <br /> 3. This Easement shall remain in effect from the date Grantee commences construction <br /> and utilizes the Easement and shall terminate upon the earlier to occur of (a) completion of <br /> construction of Grantee's Work, or (b) November 30, 2009, unless extended by mutual - <br /> agreement of the parties. <br /> i <br /> C:\DOCUments and Settings\MC20626Vipplication Data\Hummingblyd\DM\Temp\CORPLEGAL-#372126-v1-036-0174_Euge_e_OR.DOC <br /> <br />