Item 2E - Metro Plan Amendment - Laserfiche WebLink

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Execution Draft change in zoning or other legal status of the SC Tract or Parklands. OWNERS shall pay for one or more policies of title insurance insuring City's title to the Parklands. 4.2.3 Water Course. OWNERS shall have granted to the City of Eugene an exclusive easement for all uses of the lands comprising the Water Course and shall have executed a binding and enforceable agreement to convey fee ownership of the Water Course to the City upon approval of the subdivision of the lands that include the Water Course. 4.2.4 Foundation Tract. City shall have received title to the Foundation Tract in accordance with the terms of its purchase agreement with the foundation. 4.2.5 Easement Tract. MCDOUGAL shall have executed a recordable instrument granting to the City of Eugene an exclusive and perpetual easement to use the Easement Tract to expand its urban parks and trails system, to connect the Foundation Tract with other public lands, and to make all other uses of the Easement Tract which do not interfere with the rights of the existing easement holder, or unreasonably interfere with the owner's use of the remaining part of the legal parcel that that contains the Easement Tract.. The City agrees that the westerly 100 feet of the Easement Tract may be burdened with a secondary fire break, to meet minimum Lane County secondary fire break standards, to be maintained by MCDOUGAL. The parties understand that the term "secondary fuel break" does not require the removal of herbaceous plants or vegetation lower than two feet in height and further than any fuel break activities shall be conducted to minimize interference with parklands while protecting adjacent timber and will be subject to the City's prior review and approval. The easement document shall also provide that if and when City decides to prohibit grazing on the Easement Tract, City will install fencing as needed to enable McDougal to continue grazing on adjacent lands, and that MCDOUGAL and CITY shall each pay for one-half of the cost of the fencing.. OWNERS further acknowledge and agree that, in addition to any other basis authorized by law, the City of Eugene may refuse to amend the UGB boundaries or the Metro Plan unless negotiations between OWNERS and PARKS result in mutually and satisfactory agreements as to all the terms and conditions of the development, transfers, conveyances and agreements contemplated herein. 5. Limitation on OWNERS' Encumbrance of SC Tract. Until the earlier to occur off (1) the date of termination of this Agreement, or (2) the effective date of the UGB amendment, OWNERS shall not permit any lien or encumbrance to be asserted against or become attached to Urban Lands and Parks Pre-Planning Development Agreement Page 7 of 7