The URL can be used to link to this page

Home My WebLink AboutDeed APPLICANT 11/3/2020C CPSCA in ESCROW 05/19/2014 WILLAMALANE PARK AND RECREATION DISTRICT ATTN: BOB KEEFER 250 S. 32ND STREET SPRINGFIELD, OR 97478 BUYER: WILLAMALANE PARK AND RECREATION DIS I'RICT SELLER: THE TRUST FOR PUBLIC LAND ESCROWNO: EU14-0717 PROPERTY ADDRESS: MAP NO's: 18-02-02-00, 4400 & #401,18-02-09-00,#100 and 18-02-10-00, #IDO Lane COUNTY To Whom It May Concern, We are pleased to inform yon that the above numbered escrow has closed and we enclose herewith the following items: I J Closing Statement [ ] HUD -1 Settlement Statement [ ] Deposit receipt for proceeds [] ruled Closing Statement [ Final Closing Statement []On heckinthesumo£$ - _ 1 Copies of Executed Closing Documents [ ] Original recorded Completion Notice We trust that this escrow was handled to your satisfaction. We look forward to being of service to you in year next real estate transaction. Should you have any questions, please do not hesitate to contact the undersigned. S CERELY, A CADE ESCROW Al 0 ff N S O'N ESCROW OFFICER BHU MAIN OFFICE FLORENCE OFFICE 8I 1 WILLAMETTE ST. " EUGENE, OREGON 97401 1901 HWY 101 - S. 2 * FLORENCE; OREGON 97439 PH: (54 1) 687-2233 * FAX: (541)485-0307 PH: (541) 997-8417 " FAX: (541)997-8246 E-MAIL: INFO@CASCADETTTLE.COM E-MAIL: FLORENCE@..CASCADETITr,E.COM BUYER'S FINAL CLOSING STATEMENT—Carroty No: EU14-0717 PAGE OF 5ETTLEMEN"IDATE: 051192/4 TO: WILLAMALANE PARK AND RECREATIONDISTRICT ATTN'. BOB KEEFER 250 S. 32ND STREET SPRINGFIELD, OR 97478 WILLAMALANE PARK AND RECREATION DISTRICT (the "Buyer") THE TRUST FOR PUBLIC LAND (the "Seller") COPS( CASCADE ESCROW provides this Final Glavin, Statement to Buyer to reflect the final disbursement of all funds that constituted s parto£the escrow. Ifyou have nay questions or need any further information please feel flee to contact your sacrow otliecr shown below. SUWECTPROPERTY: MAP NO's: l&02-01-00,#400&#41,18-02-09-00, 4100 and 18 -OLIO -00;#100, Lane COUNTY TITLE ORDER NO.: 0284909 PRORATE DATE: 05/1912014 PURCHASE PRICE DEBIT 82000000.09 CREDIT BUYER DEPOSITS: DEPOSIT TO ESCROW ON 05/19,2014 FROM W/T - WILLAMALANE PARK AND RED FOR FUNDS TO CLOSE 2,001,722.12 FRORATIONS AS OF Close of Escrow: REAL TAX (ACCT. 559680) @ 169.13 paid to 071D 1OF 14 1992. REAL TAX (ACCT. 126736 1) 209.4] paid la 0]/12014 _ _ 24.68. REAL TAX (ACCT. 1315827) @'188.56 paid to OTDI2014 2221_ REAL TAX (ACCT. 0567097 4725 pide, 071OW014 5.57 RF.ALTAX ACCT.0567345 468.87 paucto 0]Po 1214 5524'' ESCROW FEILSI CASCADE ESCROW RESIDENTIAL ESCROW CLOSING FEE 1,500.00 'TITLE CHARGES: CASCADE TITLE COMPANY GOVERNMENT SERVICE FEE -50% IZ501 RECORD WARRANTY DEED ADDITIONAL CHARD ES&CREDITS TOTALS S2p01,722.12 52,001,722.12 £ ER: U BF5 �Cs E6CROW BUYER'S CLOSING STATEMENT -Escrow No: EU144717 PAGE OF TO: CASCADE ESCROW DATE: 05115/2014 $11 WILLAMETTESTREET EUGENE, OR 97401 PUN: (541)689.2233 FAX. (541)485-0307 WILLAMALANE PAR]( AND RECREATION DISTRICT (the "Bowe,'-) is/are bowing the subject property described herein from: THE TRUST FOR PUBLIC LAND (the "Seller") Buyer acknowledges the incomoratlon herein of the Joint Emmw Instructions executed coincidentally herewith. You are inalmeted to dial o ec the fun is according to the debits and credits as set forth below. SUBJECT PROPERTY: MAP NO's:15-02.02-00, MOO &4401,18-02-09-D(1, pl00and IB -02-10-00, 9100, Leve COUNTY TITLE ORDER NO.: 0284909 PRORATE DATE: 05/19/2014 PURCHASE PRICE $2,000.000.00 -BUYER DEPOSITS: PROBATIONS AS OF Close of Escrow: REAL TAX ACCT, 559Nd), OB 169.13 Paid to 07/0112014 19.92 REALTAX(ACCT. 1267861 209.47 pidto 07/012014 2468 REAL TAX (ACCT. 1315527` .188.56 idto 07/01/2014 _ 2221 REAL TAX (ACCT. 0567097) ' id to 07/012014 531 _@4L.25 REAL TAX ACCT. 0567345 468.81 aid to 07/01/x014 55.27 ESCROW FEES: CASCADE ESCROW RESIDENTIAL ESCROW CLOSING FEE 1,500.00 TITLE CHARGES: CASCADE TITLE COMPANY GOVERNMENT SERVICE FEE -50%1750 - RECORD WARRANTY DEED 71,00 ADDITIONAL CHARGES & CREDITS: EALANCE NEEOCDTO CLOSE: WIRE or CASHIE R'$CHF.CK PLE.ISE.PAYA31LFTOCASCADEE5CR0'W - 2,001,>22.12 TOTALS a2,001,T2212 $x GO1 R2.121 The undersigned aro aware that the figures hood above are estimated figures and may change between the date ofsigning and the dateofrecoNing. Escrow agent herein is authorized and in edto make the necessary adjustmenne at the time of closing. We hereby acknowledge receipt ofa copy oftlrnnis.��smleme 1 Acceptedand Approved: Dated, Zilq w1 ESCRO U R: JULIE JOHNSON W ILLAMALANE PARK AND RECREATION DISTRICT By 'ISE BEAN, Presid�e/nt Pm Tem By,��'—\.�. ROBERT W. KEEPER, Secretary �s EARNEST MONEY ADDENDUM ALL CONDITIONS ME'E CERTtPiCXTicm 0511Q014 ESCROW NO.: CU1W1) SUBIECTPROPCRTY: MAP NOa: 13-02-0240,0400 R 9M11, 19.02-09-00, 0100 end 19-02-10-00,11100 Levo COUNTY We, sha ondesigned, Pemby molly that all oondilions and mnlingeneles of the Sale Amman, and nny end all Addenda have been mol and satisfied, and am femby removed. SELLER INE TRU 'f FOR PUBLIC LA D THO AB E. TYNCR,R, Divislun lCd;xl Dimcwr BUYER WILLA,MAUNE PARK AND RECREATION DISTRICT Eli BEAyN. dent tly:� t„� R09ERT W. KEEPER. Secmm7 CIA After Recording Return to: Dwight G. Purdy 1011 Harlow Road, Suite 300 Springfield, OR 97477 Until a change is requested send tax statements to: Willamalane Park and Recreation District 250 S. 32"d St. Springfield, OR 97478 WARRANTY DEED (Statutory Form ORS 93.850) - THE TRUST FOR PUBLIC LAND, a California non-profit public benefit corporation, Grantor, conveys and warrants to WILLAMALANE PARK AND RECREATION DISTRICT, a political subdivision of the State of Oregon, Grantee, the following described real property free of liens and encumbrances, except as specifically set forth herein: LEGAL DESCRIPTON: Real property in the County of Lane, State of Oregon, described as follows: See Exhibit A attached hereto and incorporated herein by this reference Subject to: Exhibit B attached hereto and incorporated herein by this reference The true consideration for this conveyance is $2,000,000.00. Grantee further joins in the execution of this deed to acknowledge the following terms and conditions: Notice of Grant Requirement Pursuant to a monetary grant awarded to the Grantee, a purpose of this acquisition is to effect the goals of the U.S. Department of Agriculture (USDA) Forest Service's Community Forest and Open Space Conservation Program (Community Forest Program or CFP) in accordance with the provisions of Section 7A ofthe Cooperative Forestry Assistance Act (CFAA) of 1978 as amended. Such purposes are to provide public benefits to communities including economic benefits through sustainable forest management, environmental benefits including clean air, water, and wildlife habitat; benefits from forest -based educational programs; benefits from serving as models of effective forest stewardship; and recreational benefits secured with public access; and to acquire private forest lands that are threatened by conversion to nonforest uses. Program delivery is guided by the Community Forest Program regulations (36 CFR Part 230 Subpart A) (published 10/20/2011; Warranty Deed 76 FR 6512 1). In accordance with these regulations the Grantee (giant recipient) acknowledges that: I. This property was purchased, in pan, with Federal funds in accordance with the Community Forest Program (36 CFR Part 230 Subpart A) (published 10/20/2011; 76 FR 65121); 2. The legal description for the property is as set forth above, in Exhibit A; 3. An approximate 80 acre parcel of the property is designated as a `Community Forest' pursuant to the requirements of the Community Forest Program (CFP). The Community Forest parcel of the property is further described in Exhibit C, attached hereto and incorporated herein by this reference; 4. The address of the grant recipient and authorized title holder listed above as Grantee, is Willarralane Park and Recreation District, 250 S. 32"d St., Springfield, Oregon 97478. 5. The Grant Agreement with the USDA Forest Service is agreement number 2013 -DG - 11062765 -731 and it is kept on file at Willarim ane Center, 250 S. 32nd St, Springfield, Oregon 97478; 6. The grant recipient shall ensure that the Community Forest parcel, described in Exhibit C, as land(s) acquired pursuant to this grant, is held in perpetuity by an eligible entity as defined by 36 CFR Part 230 (published 10/20/2011; 76 FR 65121) and that the Community Forest will be (i) managed pursuant to the grant, the Community Forest Plan, and the purpose of the CFP; (ii) will not be conveyed or encumbered, in whole or in part, to another party without written permission and instructions from the awarding agency; (iii) will be managed consistent with the purpose of the CFP; and 7. In the event that the Community Forest parcel, described in Exhibit C, is sold or converted to nonforest uses or a use inconsistent with the purpose of the CFP, the grant recipient or subsequent Community Forest landowner shall: (1) pay the United States an amount equal to the current sale price or the current appraised value of the parcel, whichever is greater; and (2) not be eligible for additional grants under the CFP. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009 AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS-. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010,TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF Warranty Deed ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, ANDSECTIONS2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009 AND SECTIONS 2 TO 7, CHAPTER S, OREGON LAWS 2010. Dated this j z day of May, 2014. THE TRUST FOR PUBLIC LAND, a California non-profit public benefit corporation, By: AwJ U t`VA Thomas E. Tyner, Division Lbgal Director STATE OF WASHINGTON) ) ss. County of King ) I certify that I know or have satisfactory evidence that Thomas E. Tyner, is the person who appeared before me, and said person acknowledged that he signed flus instrument, on oath stated that he is authorized to execute the instrument and acknowledged it as the Division Legal Director of THE TRUST FOR PUBLIC LAND, a California non-profit public benefit corporation to be the free and voluntary act of suc} -Ro for the uses and purposes mentioned in this instrument. 0't«� \Si \S\- S'. III,/ Dated: a o I Li r�e4a\S\�_•�^�u�1S'. 11,r Daniel K. Wilson o o w R 0 ,°, ; , „ " %Notary Public in and for the State of Washington m i u\p =o Residing at: Seattle, Washington 'My Appointment Expires: Accepted: WILLAMALANE PARK AND RECREATION DISTRICT, A political subdivision of the State of Oregon, By; . {� _, ryr C i�— Approved as to form: Dems-`Bean, President Pro Tem Dated: )q. 9w Warranty Deed Exhibit A Legal Description Real property In the County of Lane, State of Oregon, descdbed as follows: PARCEL I: THE NORTH 1/2 OF THE SOUTHWEST 114 OF SECTION 2, TOWNSHIP 18 SOUTH, RANGE 2 WEST OF THE WILLAMETTE MERIDIAN AND ILL IE NORTHEAST !(4 OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 18 SOUTH, RANGE 2 WEST OF THE WILLAMETTE MERIDIAN, EXCEPTING THEREFROM: BEGINNING AT THE BRASS CAP MONUMENT MARKINGTHE SOUTH SOUTHWEST CORNER OF THE T. MAYNARD DONATION LAND CLAIM NO. 37 IN TOWNSHIP 18 SOUTH, RANGE 2 WEST OF THE WILLAMETTE MERIDIAN; THENCE. ALONG THE SOUTH LINE OF SAID DONATION LAND CLAIM NO. 37 589°29'07"E 500.00 FEET; THENCE LEAVING SAID SOUTH LINE S0030'53" W 519.55 FEET; THENCE PARALLEL WITH SAID SOUTH LINE SB9°29'07"E 1257.67 FEET; THENCE NO°30'531-E 519.55 FEET TO THE SOUTHWEST CORNER OF A PARCEL TO BE USED AS PUBLIC ROAD, AS CONVEYED TO THE CITY OF SPRINGFIELD/ RECORDED IN REEL 413, INSTRUMENT NO. 43433, LANE COUNTY OREGON DEED RECORDS, AND BEING ON THE SOUTH LINE OF SAID DONATION LAND CLAIM NO. 37; THENCE ALONG SAID SOUTH LINE 589"29'07"E 1194.97 FEET TO THE 112 INCH IRON PIPE FOUND MARKING THE SOUTHEAST CORNER Of SAID T. MAYNARD DONATION LAND CLAIM NO. 37; THENCE CONTINUE 589°29'07"E 430.67 FEET TO A 518 INCH IRON ROD ON THE NORTH - SOUTH CENTER LINE OF SECTION 2,'TOWNSHIP 18 SOUTH, RANGE 2 WEST OF T1IE WILLAMETTE MERIDIAN; THENCE ALONG SAID NORTH -SOUTH CENTERLINE 50°30'58"W 1350.65 PECT TO A 518 INCH IRON ROD; THENCE LEAVING SAID NORTH -SOUTH CENTERLINE N89°49'45"9 2632.3E FEET TO A 518 INCH IRON ROD ON THE LINE BETWEEN SECTION 2 AND SECTION 3, SAID TOWNSHIP AND RANGE, THENCE N89'30'40"W 1321.75 FEET TO A 5/8 INCH IRON ROD ON THE WEST LINE OF THE PIORTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 3, SAID TOWNSHIP AND RANGE; THENCE ALONG THE WEST LINE OF SAID NORTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER NO -33'18"E 830.56 FEET TO A 5/8 INCH IRON ROD MARKING THE NORTHWEST CORNER OF SAID NORTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER; THENCE ALONG THE NORTH LINE OF SAID NORTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER S89°22'50"E 574,15 FEET TO A S/B INCH IRON ROD BEING 5905'42"W OF THE POINT OF BEGINNING; THENCE N0"0542"E 537.56 FEET TO THE POINT OF BEGINNING IN LANE COUNTY, OREGON. PARCEL II: BEGINNING AT THE BRASS CAP MONUMENT MARKING THE SOUTH SOUTHWEST CORNER OF THE T. MAYNARD DONATION LAND CLAIM NO. 37 IN TOWNSHIP 18 SOUTH, RANGE 2 WEST OF THE WILLAMETTE MERIDIAN; THENCE ALONG THE SOUTH LINE OF SAID DONATION LAND CLAIM NO. 37 589'29'07"E 500.00 FEET; THENCE LEAVING SAID SOUTH LINE SD'3YS3" W 519.55 FEET; THENCE PARALLEL WITH SAID SOUTH LINE S89°29'077 1257,67 FEET; THENCE NO'30'53"E 519.55 FEET TO THE SOUTHWEST CORNER OF A PARCELTO BE USED AS PUBLIC ROAD, AS CONVEYED TO THE CITY OF SPRINGFIELD, RECORDED IN REEL 413, INSTRUMENT NO. 43433, LANE COUNTY OREGON DEED RECORDS, AND BEING ON THE SOUTH UNE OF SAID DONATION LAND CLAIM NO. 37; THENCE ALONG SAID SOUTH LINE 589'29'07"E 1194.97 FEET TO THE 1/2 INCH IRON PIPE FOUND MARKING THE SOUTHEAST CORNER OF SAID T. MAYNARD DONATION LAND CLAIM NO, 37; THENCE CONTINUE S89°29'07"E 430.67 FEET TO A 5/8 INCH IRON ROD ON THE NORTH -SOUTH CENTER LINE OF SECTION 2, TOWNSHIP IB SOUTH, RANCE 2 WEST OF THE WILLAMETTE MERIDIAN; THENCE ALONG SAID NORTH -SOUTH CENTERLINE S0°30'58"W 1350.65 FEET TO A 518 INCH IRON ROD; THENCE LEAVING SAID NORTH -SOUTH CENTERLINE N89"49'45"V!2632.36 FEET TO A 5/8 INCH IRON ROD ON THE LINE BETWEEN SECTION 2 AND SECTION 3, SAID TOWNSHIP AND RANGE, THENCE N89'30'40"W 1321.75 FEET TO ASIS INCH IRON ROD ON THE WEST LINE OF THE NORTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 3, SAID TOWNSHIP AND RANGE; THENCE ALONG THE WEST Warranty Deed LINE OF SAID NORTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER NO°33'18"E 830.56 FEET TO A 5/8 INCH IRON ROD MARKING THE NORTHWEST CORNER OF SAID NORTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER; THENCE ALONG THE NORTH LINE OF SAID NORTHEAST ONE- QUARTER OF THE SOUTHEAST ONE-QUARTER S89°22'50"E 574.15 FEET TO A 5/8 INCH IRON ROD BEING S0°05'42"W OF THE POINT OF BEGINNING; THENCE NG005'42"E 537.56 FEET TO THE POINT OF BEGINNING IN LANE COUNTY, OREGON. 7JLia4�LU ALL OF THE FOLLOWING DESCRIBED PROPERTY LYING EAST OF THATCERTAIN TRACT OF LAND CONVEYED TO WEYERHAEUSER TIMBER COMPANY, A WASHINGTON CORPORATION AND THE B007H- KELLY LUMBER COMPANY, AN OREGON CORPORATION, RECORDED JULY 22, 1947, IN BOOK 352, PAGE 234, LANE COUNTY OREGON DEED RECORDS; THE SOUTH HALF DF THE SOUTHWEST QUARTER OF SECTION 2, THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3, LOT I IN SECTION 11, LOT 71N SECTION 10; ALSO COMMENCING AT THE NORTHEAST CORNER OFJOHN C. LOONEY DONATION LANE CLAIM NO. 39 IN SECTION 11; RUNNING THENCE NORTH 890 41' WEST47.76 CHAINS; THENCE WESTTO A POINT NORTH OF THE NORTHWEST CORNER OF LOT 4 IN SEC70N 9; THENCE SOUTH TO THE NORTHWEST CORNER OF SAID LOT 4; THENCE EAST 97.78 CHAINS; THENCE NORTH 10.70 CHAINS, MORE OR LESS, TO THE PLACE OF BEGINNING, ALL IN TOWNSHIP 18 SOUTH, RANGE 2 WEST OF THE WILLAMETTE MERIDIAN, IN LANE COUNTY, OREGON, PARCEL IV: ALL OF THE FOLLOWING DESCRIBED PROPERTY LYING EAST OF THAT CERTAIN TRACT OF LAND CONVEYED TO WEYERHAEUSER TIMBER COMPANY, A WASHINGTON CORPORATION AND THE BOOTH - KELLY LUMBER COMPANY, AN OREGON CORPORATION, RECORDED JULY 22, 1947, IN BOOK 352, PAGE 234, LANE COUNTY OREGON DEED RECORDS: LOT 6, IN SEC70N 10, TOWNSHIP 18 SOUTH, RANGE 2 WEST OF THE WILLAMETTE MERIDIAN; ALSO BEGINNING 10.70 CHAINS NORTH OF THE EASTERLY SOUTHEAST CORNER OF THE JOHN SMITH DONATION LAND CLAIM NO. 48, IN SECTION, TOWNSHIP 18 SOUTH, RANGE 2 WEST OF THE WILLAMETTE MERIDIAN; THENCE NORTH 27.D9 CHAINS THENCE WEST TO THE WEST LINE OFSAID CLAIM; THENCE SOUTH ON THE WEST LINE OF SAID a -AIM TO A POINT WEST OF THE PLACE OF BEGINNING; THENCE EAST TO THE PLACE OF BEGINNING. TAX PARCEL NUMBERi 0559680, 1315827, 1267861, 0567345 & 0567097 Warranty Deed Exhibit B Special Exceptions 1. Rights of the public in and to that portion lying within streets, roads and highways. 2. Power line easement, including the terms and provisions thereof, to United States of America, as disclosed by Notice of Lis Pendens, Civil Case No. 68-29, recorded January 25, 1968, Reception No, 12076, Lane County Oregon Deed Records, 3. Access Road Easement, including the terms and provisions thereof, granted United States of America, recorded August 6, 1969, Reception No. 76333, Lane County Oregon Deed Records. 4. Right of Way Easement, including the terms and provisions thereof, granted the City of Springfield by and through its Springfield Utility Board, by instrument recorded October 31, 1997, Reception No. 9774581, Lane County Oregon Deed Records. 5. Declaration between Gordon Webb and Arlie and Company, including the terms and provisions thereof, recorded February 26, 2008, Reception No. 2008-010441, Lane County Deeds and Records. 6. Easement Deed and Agreement, including the terms and provisions thereof, granted to Union Pacific Railroad Company, as set forth in instrument recorded February 18, 2011, Reception No. 2011.008508, Lane County,Deeds and Records. 7, Right of Way Easement, including the terms and provisions thereof, granted the City of Springfield, a municipal corporation, acting by and through its Springfield Utility Board by instrument recorded February 7, 2013, Reception No. 2013-007928, Lane County Deeds and Records. 8, Access Easement Agreement, including the terms and provisions thereof, granted to the City of Springfield, acting by and through Springfield Utility Board, recorded May 9, 2014, Reception No. 2014-916939, Lane County Deeds and Records. 9. Access Easement Agreement, including the terms acrd provisions thereof, granted to City of Springfield, acting by and through Springfield Utility Board, recorded May 9, 2014, Reception No. 2014-016940, Lane County Deeds and Records. Warranty Deed Exhibit C Legal Description — Community Forest Parcel Beginning at a point that is South 1`32' 43" West 396.48 feet and South 87'42' 24" East 1277.75 feet from the Brass Cap marking the Northeast Corner of the John Smith Donation Land Claim No. 48, in Township 18 South, Range 2 West of the Willamette Meridian; run thence South 1'19'36" West 830.64 feet; thence South 87° 51' 38" East 1310.31 feet to a point on the West line of Section 2, in said Township and Range; run thence South 88` 11' 45" East 2632.74 feet to a point on the East line of the Southwest''/. of said Section 2; run thence along said line North 2° 05' 21" East 1350.65 feet; thence leaving said line South 51` 30'51" West 792.90 feet; thence North 88" 30' 12" West 2031.03 feet; thence North 87' 42' 24" West 1320.90 feet to the Place of Beginning, in Lane County, Oregon. Said parcel contains 78.97 acres, more or less. Further, this description was compiled from both record data and information obtained in prior surveys. Warranty Deed JOINT ESCROW INSTRU PIONS -ESCROW NO: EU14-0717 TO: CASCADE ESCROW 811 WILLAMETTE STREET DATE: OSI152014 EUGENE, OR 97401 PAGE: 1 of 3 PARTIES: SELLER: THE TRUST FOR PUBLIC LAND BUYER WILLAMALANE PARK AND RECREATION DISTRICT SUBJECT PROPERTY: MAP NO.: IB -02-02-00,#400&4401,18-02-0900,#100 and 18-02-10-00, #100, Lane COUNTY As more fully described in the title report. Tho parties hereby employ Cascade Escrow W act as settlement a,., in connection with the sale by Seller to Buyer of the subject property and agree, advise and instruct Cascade Escrow as follows: The signed Closing Sta[cmrn[s arc made a part ofihese in dmc[ions as if fully se[ fortM1 M1erein. Certain items on the closing statements am estimates only and the final figures may be adjusted to acwnunodate exact summers required at the time of closing ofe5r4ow and disbursement oflhnds. Iffar any ow an additional funds shall become due forthe seconam being paid mrough this escrow, the ShccrlBuyn agmc to deposit such additional funds immediately upon natificam n. TITLE INSURANCE POLICY OR POLICIES: Obtain through CASCADE ll l LE COMPANY the following title insurance policy or policies op the subject property: OWNER'S STANDARD POLICY $2,000,000.00 Insuring: WILLA IALANE PARK AND RECREATION DISTRICT, a NIMIal subdivision office State ofO,e,bn ATTN: BOB KEEFER 250 SOUTH 32ND STREET SPRINGFIELD, OR 9]4]8 Showing title vested in or the interest of: WILLAMALANE PARK AND RECREATION DISTRICT, a political subdivision ofthe State of Oregon Subject to the usual terms, conditions and exceptions contained in the form oftitle insurance policy, herein provided for and any exceptions arising from or created by the documents recorded through this escrow and the fallowing exceptians: 1-5, B-17 - hat title report dated May 13,2014, Order No. 0284909. The parties acknowledge receipt ofthe title report and map, end have read rend approved Nesame. Additional Instructions: All items to be paid in thu escrow are reFlectetl on the closing effiemenis constituting a part afthis escrow. Should any item not appear on the closing statements, it it to be paid by the buyer majors seller outside of this escrow. PROBATIONS steel I be made as of Close of Escrow. The hems m be prorated or adjusted in escrow are: REAL PROPERTY TAXES. All adjustmams to be made on a per diem basis, unless otherwise instructed prior to closing. It is understood that Homeowner's Association dues, water, sewer, waste collection, electricity and utility charges and Inventory for fuel will be adjusted between Seller and Boyer outside this escrow, unless set forth on the Closing Statements. DOCUMENTS TO BE DELIVERED THROUGH ESCROW SHALL BE, The documents required to place tide in the condition called for above, any documents referred to m the seEfions entitled "Existing €ucumbrance(apLoan(e)" and/or "New, Encmmbrance(s)" and any other documents specified in these impositions. Buyer will cause to be delivered my on Ne funds and documents necessary for Buyer to comply who thus. instructions. Seller will cause to be delivered to you the funds and documents necessary for Seller to comply with these Nstmcdans. When you ere in receipt ii said finds and documents, you em .,..am and/or deliver the documents and disburse one Ponds in accordance with these instructions and theattachN Closing Statements. [rvmodidcation afthe Poregoing, Buyer and Seller acknowledge Net some lender will not deposit loan funds into escrow until after recordation of documents. You are eummized N record documents deposhed one he escrw oprior to the lenders deposit offunds therein when you have been given instructions by the leaderto record. In the event lender subsequently fails ro deposit funds ince escrow, Buyer end Seller agree w execute and cord ell documenu necessary m restate title m the premise m the condition existing priorto said recoNings. Raymond Seller ouch held Cascade Escrow harmless from any failure to perform and release Cascade Escrow from any liability arising therefrom. The parties W this escrow acknowledge that they, are aware ofihe governmental regulations which require that all funds deposited into escrow must be collected funds and available forwithdrawal prior to Ne disbursement of escrow. All funds deposited to his escrow net be deposited in the form of a Ci sM1ia's Check, Certified Check or Wire Transfer. In the event of deposit of uncollected funds, Caseede Escrow is authorized and instructed re, delay the closing ofthe escrow pending wn0mtation of the clearance of ell deposin. pa JOINT ESCROW INSTRUCTIONS—ESCROW NO: EU14-017 05/152014 PAGE 2OF 3 All funds received in this escrow shall be deposited win over escrow funds in a general escrow account m accounts of Cascade Escrow with any State tabbed ... I Bank, and may be machined to my other such gmetal escrow account or acemnts, All disborssome shall bemadeby checkofCascade Recrmv. ]f, wlNout egreemmq fnnds me retained or remain in escrow 6 months after close ofescrow, you may deduct therefrom a $25.00 permonn fee. The exprevrm "dose of escrow" means rhe tlete on which instruments refesretl m hxein are rearded. Any documents that have been prepared by Cascade Escrow were so prepared at the parties' dlrectian and have been reviewed and approved as to table, provisions, form and content by the parties. Cascade Escrow is Optimized and instructed to insert data and terns on instruments if executed ,mmplece in such particulars: After close of escrow, you are to delivorMe documents, funds and other propptty delivered herewith m the persons endued therein. You mato famish a copy of these instructions, amendments thereto, closing statements and/or any other document deposited in this escrow to the lender Er lenders and/or the real nature agent or agents involved in this transaction spm request ofsuch Ian in(s) or agent(s). Cascade Title Co. is authorized m azt pursumrm ORS 96.720. You will reward/tile the rreceseary legal instruments and you are than authorized to pay off such ancumbranas afnese d as may existai time Ef recording/ after such inswmynts, and ierebyS ofsaidfitly policyy above and hasadshall bat Se responsible for lions attaching after saidams. Boyster Cascade Seller hereby acknowledgethatthey haveend its responsibilities undercontinuing obligation of good faith in o dealing with Cascade Escrow to enable Cmrade Escrow to fulfill sec responsibilities under this agreement. Such obligation of Buyer end Sellar still survive the closing of fare, comma described herein and shall ,clod., without limitation, be obligation m: (p Disdoee ro Cascedb Escrow any liras, encumbrances or any other rights, claims or matters known to Buyer or Sella which aRect or relate tb the property aM wnsmtlms niched min Nie agreement, imp op lesson m Cascade Escrow for proper disposition any Ponds, documents Carman or Ether property which are for any recon improperlyormistakenly released to Buyer or Shclt and, (3) Provide m Cascade Escrow all additional Eal documents, funds and signatures required to Cascade &crow m fulfill these escrow ie. Rev. ns and N fulfill Cascade Esemwit and Salons to report and remit m the State ofOand c pursuant m ORB Ore. Rev. Stamens 314.259, at seq. To facilitate Boyeres and Seller's continuing obligation ofgood £nib and cooperation to Charade Emraw and m enable Concede Escrow, ai £alfa;l he Obligations Order theseescrow indontov, behaofthe undersignedhereby irrevocablye regained ed toadell Oretetheirf base indent to execute in [huh name end on their behalf such papers and documents az may be required to fu1011 the terms of base escrow instrucdans. You ere to have no liability or responsibility with respect to any matters connected with the following (unless expressly aunoraed herein): (I) Compliance with requirements ofthe Consumer Credit protection Am or Inter -State band Sales Act or similar laws; (2) Compliance with the requirements of Oregon Revised Statutes 537.330 (related m water rights), Oregon Revised Sbtmee 537.788-793 (related to wall information), and mry Similar laws; (3) Title to my Same ... I rell or umbmnas thereon, including but not limited to, personal property taxes, at. rax, instruments Bled undm the Uniform Commercial Code, water rights, or leased equipment on premises; (4) Capacity, forgeries or fake persmatbbe of any person orperry in convec[lon with these instructions or N'm escrow; (S)FtrelnSO.a and am other insurance coverage. Seller and Buyer agree that such coverage will be provided for outside this escrow; (6) The effect ofaaning oMinanas; (7)Any law regrading land division; and, (8) Any sums that may become due because of disqualification of be property qualifying for defer al coxa or oma deflrrea rima, NON-RESIDENT ALIEN— FIRPTA. The Foreign Investment in Real property Tax Act (FIRPTA), Title 26 U.S C., Sao. 1445, and the regulations there under, provide, in part, that a tri nsimee (buyer) ofa U S. real property, interest from is foreign person (generally a nm -resident slim individual, a foreign em sciatiun, a foreign partnership, a foreign wet or a foreign cram) must withhold a tax equal to can percent(10%) ofthe mount realised on the disposition (gmaced Ne sales price), report be transaction and remit the withholding an the Internal Revenue Service (IRS) within twenty (20) days after the trmmfar. Cascade Escrow hes not pemicipated and will notpmircipem, any determin flon ofwhether the FIRPTA his provisions me applicable to the subject tranmaioq has nut acted and will not am as a"qualifed substitute" (as defined in the code and/or regulations) to revive a certification ofnon-foreign status from the transferor, and has not fumbled and will not tum ish tax advice in cry Party to the howea hon. Cascade Fla. knot responsible for determining whether the transaction, the transferor (seller) or the wnefenec (buyer) qualifies in will qualify far an exception or ane .,be. from FIRMA withholding regnlrements and a not responsible for the fling ofany tax form with be IRS related to FIRPTA's application to rh is trmsa km and its principals. Casmde Escrow is not the agent far the transferee (buys) for the.....e ofreceivi., or armtyxing any evidence or doeumcntation that the transferor (seller) in the subject transaction is n U.S. citizen, a resident alien or aforeign person for purposes of FIRPTA requirements. The tmrefeare, (buyer) is advised that transkree (buyer) should speck the advice of a lawyer or other legal or tax prokssianal regarding compliance with PIRPTA requirements and that transferee (buyer) mon make an indepeodeal delamination of whether the transaction is subject to FIRPTA withholding requiremmm and of Ne appropriate moons re take and documentation to ohtein in connection with those requiremmm. Cascade Escrow is not ruponsible for be payment of FIRPTA withholding and/or any penalty and/or any interest incurred In connection therewith. The transpeee (buyer) is advised that FIRPTA withholding end reporting requirements are not matters covered by title lnsurmce, Jany, sued to transferee (buyer) in connection win this irenmefim. The transferee (buyer) k advised Nat tramfaee (buyer) bears full responsibility for compliance with FIRMA withholding and ober ro,kenents if applicable and/or all exam, conces of any failure to comply therewith in the event tom the transfbree(buyer) and/or the tra ebrm (seller) instructs Casale Escrow to make a disbursement far lel withholding end to deliver FIRPTA-related farms to the IRS, Cmcade Escrow does so pursuant to be pria"als' written habitations solely in its capacity as an now agent, without offering or giving any legal or I. advice an transferee (buyer) or vanaferor (seller) regarding FIRPTA withholding and other requiremmm. In to event any dispute arisee between Buyer and Seller concerning the property, documents, or funds wavered by nese dispute; Join i commeney court action:OHold ell matters, sit to barrels and resolution ofsuch dispute; w(er, Joinoreommenceacourtactinn,and,in suchaminndeposit Ne Nadaand documentsre adds toherein the court where such onion is pending and ask be cameo determine be rights of Buyer and Seller in and m each properly, Ca mtsantl shah. have no event of such chains tantor Obligations nitons under thisag'rementeron of dam altemmivsdeernbMnds su Cascade Es crow shallhave Se Ponherdenies errobligationsundo Nisosit mem othernd ocumnthold men finds end documents unfit Boyer and Seller have resolved their dispute or to deposit such Ponds end documents inm court. im JOINT ESCROW INSTRUCTIONS—ESCROW NO: EU14-0717 05/15/2014 PAGE 3 OF 3 In the event any suit or action is brought by Seller, Buyer, Cascade Escrow or any ofthem to enforce this agreement or M resolve any dimme between or among Buyer, Seller no Cascade Eaoow, including a suit for dralarramyjudgment, the prevailing parry shall be entitled M recover ell a.,m.... ..sta and removable anomey's fees maintain in connection with such suit or action at trial, on appeal, m any petition for review, and in any arbitrate or adminisbatfve or bankruptcy proceeding. We have been specifically informed that Cascade Escrow is not licensed to puretic, law and no legal advice has been offered by Cascade Fear. or airy of in employees. We have bean Porter informed that Cascade Escrow is acting only man escrow holder and is forbidden by law to offer any advice Many perry respeuang the merits of Nis transactions the mtuto of the instruments utilized, and that it has not done so. We have not been referred by Cascade Escrow to any nam ad attomeyor moneys or discouraged from seeking advice of an mamey bat have been encouraged to sack legal counsel mfour own choosing at our own expense, if we have doubt concerning any aspect ofthis monmmien. We have been afforded anequare time and opportunity to rood and understand the escrow instructions and all other documenn referred to merin.We have agreed and agree ro conduct the nominations dweribed herein elwArmically, including the ase of element. signorinas. We acknowledge that we have received the HUD -1 andlm HUD -IA Settlement Statement at least (1) business day prior to settlement, or we acknowledge that we have waivrd oar right W the (1) business day review period par CPR§1024A0. The Seller and Buyer herein agree, by executing the documents necessary M close this transaction, that all terms, provisions and contingencies an Me Firmest Money Agreement and any attachments thereto have bean met or will be met to the mrisfaction ofthe unde ,ped portion. Haat met, they will be handled by. and between the patties harem outside this esemw. Cascade Escrow will have no responsibility or liability for any tfsaid contingencies not met Cascade Escrow shall net be concerned] with oral directives, earnest money agreements or other writings other than an agreed express written amendment M undainstructions. We agree Mminspemiom senior repairs are paid outside of.crow, unless Mey are semmin Me eneched riming statement. Seller and Buyer are hereby informed that Cascade Eacrow deposits all Ponds into a nett -interest bearing account and receives or may receive certain bank services irritating, but net limned to, checks, deposit slips, data processing and account services from or through various banks m a result of me banking relationships maintained in the regular course of as esm e, and afflintes'businen Seller and Buyer each waive any end all rights or claims with reaper to such bank services received by Cascade Eacrow, or any affiliates mereof A Good Paint eatimme ofthe value ofthe bank services received is S50A0 par escrow transaction. This disclosure is mads in ...,liens, with Oregon Administrative Rule 863-50-065. WE ACKNOWLEDGE ADVISEMENT OF THE ABOVE DISCLOSU Rb AND PERMIT SUCH SERVICES TO CASCADE ESCROW. IT IS UNDERSTOOD RY THE PARTIES SIGNING THE ABOVE ESCROW INSTRUCTIONS THAT SUCH INSTRUCTIONS CONSTITUTE THE WHOLE AGREEMENT BETWEEN THIS FIRM AS AN ESCROW AGENT AND YOU AS PRINCIPAL TO THE ESCROW TRANSACTION. THESE INSTRUCTIONS MAY NOT INCLUDE ALL THE TERMS OF THE EARNEST MONEY AGREEMENT WHICH IS THE SUBJECT OF THIS ESCROW, READ THESE INSTRUCTIONS CAREFULLY, AND DO NOT SIGN THEM UNLESS THEY.ARE ACCEPTABLE TO YOU. SELLER: BUYER: THE TRUST FOR PUBLIC LAND By: THOMAS& 9YNER, Divisional Legal Director ADDRESS AFTER CLOSING: rel WILLAM\ALANE PARK AND RECREATION DISTRICT DENSE BEAR, President Pro Tem ROBERT W. REEFER, Sacrary ADDRESS AFTER CLOSING IF OTHER THAN SUBJECT PROPERTY: JOINT BSCROW INSTRUCTIONS— ESCROW NO: Eux cn I1 115/148614 PAGU J OF ) In the event any sols or salon A bsouEln by Sellm, Boyer, Cascade Escrow, or any of them to an force III, agreanent or 1n resolve any dispute bmwcon or among Buyer, Seller and Canada Fsmraw, ineluding a suit for deeleoramy judgtnanl, IIIc prevailing pony slmll be critics to mc.ver all expenses, costs and seasonable summoy'n tees incurred In awasolion witb such suit or action m tries. on appeal, rot any petition far mvlew, and in eny xmbrow as w eaministmtive or lwnkmpuy Promedin, We have been sinallcolly Informed Wes Cascade Escrow is not licensed m promise low and no legol advice has been offered by Cascade Emroweranyofhsanplayecs. We have bass(unhor informed that Comes Eurow is acting only as to escrow holder and is forbidden by law to offereny advice to any party mEwcoing Ute merits ofthie voneocrion or the nature of )is mmaments milixed, end that h hew nmdane so. We love nut been Nlened by Coscude Escrow b any named nn.raeym mtameya m disrnutaSed from seeklnS edvkv area attorney bar have been weeouraged IP work Inert counsel after own choosing m ear own Expense, ifwE have doubt arwartng .'vE at of %N m.nseaion. Wo hew. been sm.W.d mw aliment time and es to comic , hear and undemooe the escrow innmrWee and all mho Jr..or referred, l"neo ss, hove nSmed and agreemconium the nansnenons dacdhed herein elecmaniwgy, including tM1e oaeof clutronic aiglmmfea. We acknmvladge that we have received the HUD -I andfor HUD -IA Sentient Statement m lean (1) besinsss day First to senlemeny of we ockerowNdgcthmwe have weivad aurrighi to the (1) businem day review period per CPRj 1014.1 D. The Ellet and Buyer herein agree, by eeaa oing Um deoumemu necreaery to dem this Isonsaime.!hat all tam", provisions and matingmows an the Eamon Money Agreement and any anathmems!hmett have bons mor or w01 be met to the siafuceise of!he a1Mmslgnad ponies. If., mm; they will be haMled by and between the makes berm. small. tisk enmw. Cascade Roam, will have no respmuihility or liability far any ofsald mmingencias not mer. Cuseede barrow, shall not be rammed whit coal di,.; es, banned money egremnenu or other wrRingr at titan an sroad express wr Den amendmxnt Ice the.henreadons. Woagreetber irapations endforropairs repaid outsPoe of enrow, unkssnc�y arc semmin she nnnNed elmtng mmmmem. $,Its ... d Do,, arsh,mby, invented that Camade Snows dgpdu all tarda into o namilANIUL bearing aatom end motive or mayrc ve oasis bank aavkes including, bm at limited m,clerks, deposit slips, data processing and amount services tlmn or through vEdms banks av a resell ufthe banking ralntlonships memmined In the regular amm of its escrow and . illetee buemarz Seller end Bays, mon waive ony End all fighma claims with rcapeet to such banksenvices teeelvO by Cascade Esemw or any aff linens thereof. A Onto Perth u imelle cram value of@e honk services massed is 550.00 per escrow Parameter. This disclosure is merle in compliance with Oregon Administrative Rule S6S-50065. WE. ACKNOW LEDOB ADVISISMENT DF THE ABOVE. DISCLOSURE AND PERMIT SUCH SERVICES TO CASCADE ESCROW. IT IS UNDERSTOOD BY THE PARTIES SIGNING THE ABOVE ESCROW INSTRUCTIONS THAT SUCH INSTRUCTIONS CONSTITUTE THE WHOLE AGREEMENT BETWEEN THIS FIRM AS AN ESCROW AGENT AND YOU AS PRINCIPAL TO THE ESCROW TRANSACTION. THESE INSTRUCTIONS MAY NOT INCLUDE ALL THE TERMS OF THE EARNEST MONEY AGREEMENT WHICH IS THE SUBJECT OR TTOS ESCROW. READ THESE INSTRUCTIONS CAREFULLY, AND DO NOT SIGN THEM UNLESS THEY ARE ACCEPTABLE TO YOU, SELLER, U9 YER: THE TR lFOR PUBLIC I. AN WILLAMALANE PARK AND RECRGTION DISTRICT THDh1A$E. TVNER,�sionel evil Uimcidr DENISE BEAN, Pmsidene ADDRESS AFTER CLOSING: It, By; ROBERT W. KEEFER, S ... Mary ADDRESS AFTER CLOSING IE OI HER l}IAN SUBIECTPROPERTY: PREMIUMS: cwna, a Standard Irani.. s2.'I00.0G Gowrnmen[ Eelice Pee $15.00 We are prepared to issue 2006 (6/17/061 AI6A title Insurance policylies) Of OLD RRID3LIC NATIONAL TITLE INSURANCE company, in no. usual form lneurin, she title to the land deacrlbad as follows: I AT T ACHED) THE TRUST FOR PUBLIC LAND, a California non Profit public benefit corporation Estate: PEE 9INPLE DATED AS OF: MAY 05, 2014 at 8:00 A.M. Erhedela E of the policy(ieO to bei sued will Contain the felloving general and sBeclal e csptiooe solos. removed prior to issuance: GE.9flAA[. EXCEPTIONS (standard Coverage Policy Excepeionel: 1. Texas or assessments which are not shown as existing 1_ ns by the records of any taxing authority test levina taxes no A ...... Edta Or real property or my the public Racortlm; proceedings by a public agency which may O.ulr in coxes o a..eeamence, or notices of ...h proceedings, whether or an sheen by the rotate. of Such .,easy or by the public Accords. E. Facts, rights, interests or claims which are not shown by the Public amnesia qut which Dole be a ..I.ined by an inspection of the Land or by making ingniry of Persona in possession thereof. 3. Easemen[u, or claims of easement, not shown by the Public Records; r nervations or captlane in patents or in Acta authariti M'the iamonce thereof; water rights, Is.. or tine to water. Nq liability is gdshmet! hereunder soil! pglicy had been Idauad and fNtl OSCHI premium Iws been pgld. [MIN OFFICE PIAR:NCR ORENCe ell WILLAMETTE ET. :" .Sent: , OREGON 99001 1H: N(5 101 E. 2 FLORENCE, OIEOON 91599 PH: (9911 Est -3333 * FAX: (591)A89-0309 PH: 15411 991-5419 FAX: 1501)991-0295 E-MAIL: INF06CASCNIETITLE.COM t-r01L: PLORBNCEN(]ASCP➢P.TITL6. COM ACCC111CI) AND "PROVCL1 @@��``��gg��ggppffgg��77Edpp iIff ggyy �tlIIIR'0H�9REI��H�IWx =�� carsi,i eaE W PREi2MI TITLE REPORT 2'n - SUP 8IIPPLEIffiNTAL CASCA➢A F,SCROW May 13, 201. ATIN: JULIE JORN90p Report No: 0200909 all WILLAMETTE STREET Your No: EU14-0717 RVGENE', 0. 11.01 feller:. THE TRUST FOR PUBLIC tAM Bulren WILLPMALANE PARK b R£G DIET, PRELIMINARY SEPTET FOR: Owner's 9 tandard 'Policy T $2.000,000.00 PREMIUMS: cwna, a Standard Irani.. s2.'I00.0G Gowrnmen[ Eelice Pee $15.00 We are prepared to issue 2006 (6/17/061 AI6A title Insurance policylies) Of OLD RRID3LIC NATIONAL TITLE INSURANCE company, in no. usual form lneurin, she title to the land deacrlbad as follows: I AT T ACHED) THE TRUST FOR PUBLIC LAND, a California non Profit public benefit corporation Estate: PEE 9INPLE DATED AS OF: MAY 05, 2014 at 8:00 A.M. Erhedela E of the policy(ieO to bei sued will Contain the felloving general and sBeclal e csptiooe solos. removed prior to issuance: GE.9flAA[. EXCEPTIONS (standard Coverage Policy Excepeionel: 1. Texas or assessments which are not shown as existing 1_ ns by the records of any taxing authority test levina taxes no A ...... Edta Or real property or my the public Racortlm; proceedings by a public agency which may O.ulr in coxes o a..eeamence, or notices of ...h proceedings, whether or an sheen by the rotate. of Such .,easy or by the public Accords. E. Facts, rights, interests or claims which are not shown by the Public amnesia qut which Dole be a ..I.ined by an inspection of the Land or by making ingniry of Persona in possession thereof. 3. Easemen[u, or claims of easement, not shown by the Public Records; r nervations or captlane in patents or in Acta authariti M'the iamonce thereof; water rights, Is.. or tine to water. Nq liability is gdshmet! hereunder soil! pglicy had been Idauad and fNtl OSCHI premium Iws been pgld. [MIN OFFICE PIAR:NCR ORENCe ell WILLAMETTE ET. :" .Sent: , OREGON 99001 1H: N(5 101 E. 2 FLORENCE, OIEOON 91599 PH: (9911 Est -3333 * FAX: (591)A89-0309 PH: 15411 991-5419 FAX: 1501)991-0295 E-MAIL: INF06CASCNIETITLE.COM t-r01L: PLORBNCEN(]ASCP➢P.TITL6. COM Order No. 0284909 Page 2 4. Any encroachment, encumbrance, violation, variation, or adverse Circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. S. Any lien, or right to a lien, for services,labor, material, equipment rental or workers compensation heretofore or hereafter furnished, imposed by law and not shown by the Public Records. SPECIAL EXCEPTIONS: XAs disclosed by the tax rolls, the, premises herein described have been zoned or classified as forest lands. At any time that said land is disqualified for such use, the property will be subject to additional taxes or penalties and interest pursuant l to the provisions of ORS Chapter 321. y As disclosed by the tax rolls, the premises herein described have been zoned or classified for farm use. At any time that said land is disqualified for such use, the property will be subject to additional taxes or penalties and interest. Rights of the public in and to that portion lying within streets, roads and highways. �9 Power line easement, including the terms and provisions thereof, to United States of America, as disclosed by Notice of Lis Pendens. Civil Case No. 68-29, recorded January 25, 1968, Reception No. 12076, Lane County Oregon Deed Records. (p.o� Access Road Easement, including the terms and provisions thereof, granted United States of America, recorded August 6, 1969, Reception No. 76333, Lane County Oregon Deed Records. �1 Right of Way Easement, including the terms and provisions thereof, granted the City of Springfield by and through its Springfield Utility Board, by instrument recorded October 31, 1997, Reception No. 9794581, Lane County Oregon Deed Records. 1'Ga. Declaration between Gordon Webb and Arlie and Company, including the terms and provisions thereof, recorded February 26, 2008, Reception No. 2006-010441, Lane County Deeds and Records. 13. Easement Deed and Agreement, including the terms and provisions thereof, granted to Union Pacific Railroad Company, as set forth in instrument recorded February 18, 2011, Reception No. 2011-008508, Lane County Deeds and Records. p.4G Right of Way Easement, including the terms and provisions thereof, granted the City v of Springfield, a municipal corporation, acting by and through its Springfield Utility Board by instrument recorded February 7, 2013, Reception No. 2D13-007928, Lane County Deeds and Records. �. The public record does not disclose if the premises herein described have a means of ingress and egress to and from a legally dedicated road or highway. Notwithstanding Paragraph 4 of the insuring clauses of the policy or policies to be issued, the policy or policies will not insure against loss arising by reason of any lack of a right of access to and from the land. NOTE: The following will replace the above exception when policy is issued: Access as insured hereunder is predicated upon the fact of common ownership with property adjacent on the West. Any. conveyance of the adjacent property without reservation of an easement for ingress and egress appurtenant to the herein described property will result in lack of access. Order No. 0284909 Page 3 Access Easement Agreement, including the terms and provisions thereof, granted to l/ City of Springfield, acting by and. through Springfield Utility Board, recorded May 9, 2014, Reception No. 2014 -016939, -Lane County Deeds and Records. 17. Access Easement Agreement, including the terms and provisions thereof, granted to 0 City of Springfield, acting by and through Springfield Utility Board, recorded May 9, 2014, Reception No. 2014-016940, Lane County Deeds and Records. NOTE: Taxes, Account No. 0559680, Assessor's Map No. 18 02 02, #40D, Code 19-15, 2013-2D14, in the amount of $169.13,,PAID IN FULL: Taxes, Account No. 1267861, Assessor's Map No. 18 02 02, #401, Code 19-01, 2013-2014, in the amount of $209.47, PAID IN FULL. Taxes, Account No. 1315827, Assessor's Map No. 18 02 02, #401, Code 19-15, 2013-2014, in the amount of $188.56, PAID IN FULL. Taxes, Account NO. 0567097, Assessor's Map No. 18 02 09, #100, Code 19-15, 2013-2014, in the amount of $47.25, PAID IN FULL. Taxes, Account No. 0567345, Assessor's Map No. 18 02 10, #100, Cade 19-15, 2013-2D14, in the amount of $468.87, PAID IN FULL. NOTE: AS of the date hereof, there are no matters against WILLAMALANE PARK AND RECREATION DISTRICT, which would appear as exceptions in the policy t0 issue, except as shown herein. NOTE: The premium amount has been reduced by application of a reissue rate. NOTE: This report is being supplemented to update the report and add new exception nos. 16 and 17. NOTE: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the amount, if any,, set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. NOTE: Recording charge for a RESPA transaction (all transfer and loan documents): RESPA Residential Sale and Purchase $177.00. RESPA Residential Loan/Refinance $147.00. RECORDING CHARGES ARE SUBJECT TO CHANGE WITHOUT NOTICE. This report is preliminary to the issuance of a policy of title insurance and shall become null and void unless a policy is issued and the full premium paid. Cascade Title Co. cu: Title Officer: KURT EEATY Cc: WILLAMALANE PARK AND RECREATION DISTRICT ATTN: BOB REEFER EMAIL: BOBK®WILLAMALANE.ORG Cc: THE TRUST FOR PUBLIC LAND EMAIL: TOM.TYNER@TPL.ORG EMAIL: OWEN.WOZNIAKWTPL.ORG Cc: THORP, PURDY JEWETT, URNESS 6 WILKINSON, P.C. ATTN: DWIGHT G. PURDY EMAIL: DPURDYOTHORP-PURDY.COM Order No. 0284909 Page 4 PROPERTY DESQRTPTSON PARCEL 1: The North 1/2 of the Southwest 1/4 of,Section 2., Township 18 South, Range 2 West of the Willamette Meridian and the Northeast 1/4 of the Southeast 1/4 of Section 3, Township 18 South, Range 2 West of the Willamette Meridian, in Lane County, Oregon. EXCEPTING THEREFROM: Beginning at the brass cap monument marking the South Southwest corner of the T. Maynard Donation Land Claim No. 37 in Township 18 South, Range 2 West of the Willamette Meridian; thence along the South line of said Donation Land Claim No. 37 South 890 29' 07" East 500.00 feet; thence leaving said South line South 00 30' 53" West 519.55 feet; thence parallel with said South line South 890 29' 07" East 1257.67 feet; thence North 00 30' 53" East 519.55 feet to the Southwest corner of a parcel to be used as public road, as conveyed to the City of Springfield, recorded in Reel No. 413, Instrument No. 43433; Lane County Oregon Deed Records, and being on the South line of said Donation Land Claim No. 37; thence along said South line South 890 29' 07" East 1194.97 feet to the 1/2 inchiron pipe found marking the Southeast corner of said T. Maynard Donation Land Claim No. 37; thence continue South 890 29' 07" East 430.67 feet to a 5/8 inch iron rnd on the North-South center line of Section 2, Township 18 South, Range 2 West of the Willamette Meridian; thence along said North-South centerline South 00 30' 58" West 1350.65 feet to a 5/8 inch iron rod; thence leaving said North-South centerline North 890'49' 45" West 2632.36 feet to a 5/6 inch iron rod on the line between Section 2 and Section 3, said Township and Range; thence North 890 30' 40" West 1321.75 feet to a 5/8 inch iron rod on the West line of the Northeast one-quarter of the Southeast one-quarter of Section 3, said Township and Range; thence along the West line of said Northeast one-quarter of the Southeast one-quarter North 00 33' 18" East 830.56 feet to a 5/8 inch iron rod marking the Northwest corner of said Northeast one-quarter of the Southeast one-quarter; thence along the North line of said Northeast one-quarter of the Southeast one-quarter South 890 22' 50" East 574.15 feet to a 5/8 inch iron rod being South 00 05' 42^ West of the point of beginning; thence North 0o 05' 42" East 537.56 feet to the point of beginning, in Lane County, Oregon. PARCEL 2: Beginning at the brass cap monument marking the South Southwest corner of the T. Maynard Donation Land Claim No. 37 in Township 16 South, Range 2 West of the Willamette Meridian; thence along the South line of said Donation Land Claim No. 37 South 890 29' 07" East 500.00 feet; thence leaving said South line South 00 30' 53" West 519.55 feet; thence parallel with said South line South 890 29' 07" East 1257.67 feet; thence North 00 30' 53" East 519.55 feet to the Southwest corner of a parcel to be used as public road, as conveyed to the City of Springfield, recorded in Reel No. 413, instrument No. 43433, Lane County Oregon Deed Records, and being on the South line of said Donation Land Claim No. 37; thence along said South line South 890 29. 07" East 1194.97- feet to the 1/2 inch iron pipe found marking the Southeast corner of said T. Maynard Donation Land Claim No. 37; thence continue South 890 29' 07" East 430.67 feet to a 5/8 inch iron rod on the North-South centerline of Section 2, Township 18 South, Range 2 West of the Willamette Meridian; thence along said North-South centerline South Co 30. 58" West 1350.65 feet to a5/8 inch iron rod; thence leaving said North-South centerline North 890 49' 45" West 2632.36 feet to a 5/8 inch iron rad on the line between Section 2 and Section 3, said Township and Range; thence North 890 30' 40" West 1321.75 feet to a 5/6 inch iron rod on the West line of the Northeast one-quarter of the Southeast one-quarter of Section 3, said Township and Range; Continued - Order No. 0284909 Page 5 Property Description Continued - Parcel 2 thence along the West line of said Northeast one -.quarter of the Southeast one-quarter North 0° 33' 19" East 830.56 feet to a 5/8 inch iron orad marking the Northwest corner of said Northeast one-quarter of the Southeast one-quarter; thence along the North line of said Northeast one-quarter of the Southeast one-quarter South 890 22' 50" East 574.15 feet to a 5/s inch iron rod being South 0" 05' 421.West of the point of beginning; thence North 00 05. 42" East 537.56 feet to the point.Of.beginning, in Lane County, Oregon. PARCEL 3: All of the following described property lying East of that certain tract of land conveyed to Weyerhaeuser Timber Company, a Washington corporation and the Booth -Kelly Lumber Company, an Oregon corporation, recorded July 22, 1947, in Book 352, Page 234, Lane County Oregon Deed Records, in Lane County, Oregon. The South half of the Southwest quarter of Section 2, the Southeast quarter of the Southeast quarter of Section 3, Lot 1 in Section 11, Let 7 i Section 10; ALSO commencing at the Northeast corner of John C. Looney Donation Land Claim No. 39 in Section 11; running thence North 89° 41' West 47.78 chains; thence West to a point North of the Northwest corner of Lot 4 in Section 9; thence South to the Northwest corner of said Lot 4; thence East 97.78 chains; thence North 1D. 70 chains, more or less, to the place of beginning, all in Township 18 South, Range 2 West of the Willamette Meridian, in Lane County, Oregon. PARCEL 4: All of the following described property lying East of that certain tract of land conveyed to Weyerhaeuser Timber Company, a Washington corporation and the Booth -Kelly Lumber Company, an Oregon corporation, recorded July 22, 1947, in Book 352, Page 234, Lane County Oregon Deed Records, in Lane County, Oregon. Lot 6, in Section 10, Township 18 South, Range 2 West of the Willamette Meridian; ALSO beginning 10.70 chains North of the Easterly Southeast corner of the John Smith Donation Land Claim No. 48, in Section 10, Township 18 south, Range 2 West of the Willamette Meridian; thence North 27.05 chains; thence West to the West line of said claim; thence South on the West line of said claim to a point West of the place of beginning; thence East to the place of beginning, in Lane County, Oregon. GRANTOR'S FINAL CLOSING STATEMENT —Eemw No: EUI}23MC PACE IOFI SETTLEMENT DATE: 09/ 013 TO: WILLAMALANE PARK AND RECREATION DISTRICT 250 SOUTH 32ND STREET SPRINGFIELD, OR 97479 W ILLAMALANE PARK AND RECREATION DISTRICT (the "Granter") UNITED STATES OF AMERICA, DEPT. OF ENERGY BONNEVILLE POWER ADMINISTRATION ((he "Geantee'q CASCADE ESCROW provides this Fieal Closing Statement to Seller so reflect the final c hbmcement of all fba& that consthatel a pert of tM1e escrow. If you have any questions er neetl any Ponher infoitnaeion plewe feel flee ro contan yaoresnmv officer shown below. SUBJECT PROPERTY: "THURSTON HILLS'- EASEMENT, Laae COUNTY TITLE ORDER NO.: SFS C- ne"'aE E®CROW GRANTOR'S CLOSING STATEMENT—Escrow No: EU13-23nC TO: CASCADE ESCROW DATE: 09252013 811 WILLAMETTESTREET EUGENE, OR 97401 PHI: (541)6822233 FAX: (541)485-0307 W ILLAMALANE PARK AND RECREATION DISTRICT (the "Gmntur") iVare selling the subject property described herein to: DEPT. OF ENERGY, BONNEVILLE POWER ADMINISTRATION (Ne "Grantee") Creator acknowledges the inearporation herein ofdte Joint Escrow betructiom exeanted cuincidettally herewith. Youere ;nswmed m disburse the funds according to the debits and vedits as set for[h below. SUBJECT; "THURSTON HILLS" -EASEMENT, Lane County The undersigned are aware that the figures listed above are entrusted figures and mey change between the dare of signing and Ne dale of recortling. Fscrow agent herein is authorized and instrvcted to m ke Ne accessory adjustments at Ote time of closin6 Me hereby acknowledge receipt ofa soppy of Nies statement. Aeceptedand Approved: Dated: ESCROWOFF J LIEJOHN PROCEEDS DUE GRANTOR SHALL BE: (Please only one) O Made payable to Grantor and picked up al SCADE ESCROW GRANTOR TELEPHONE NUMBER: O Made peyahle to CASCADE ESCROW and transferred to Escrow No. ODeposited to: Bank Aaat No.: (^imd to: Name of Bank Bank Branch Breach/Addola Bank Telephone No ABA Routing No. O Deliver via US Mail I. address provided by Seller on Joint Escrow Instmcterns. O Made payable,. Ommor and sent by oneA, delivery at Grantor's expense W W ILLAMALANE PARK AND RECREATION DISTRICT ANNE BALLEW,PPPresidentt1 By: . ni Q PAM CAPLES, Secre Pco Tem SCs CA�6 ¢BCPOW JOINT ESCROW INSTRUCTIONS -Escrow No: EU13-23AC TO: CASCADE ESCROW 811 WILLAMETTE STREET DATE: 09/23/2013 EUGENE, OR 97601 PAGE:I oft PARTIES: GRANTOR: WILLAMALANEPARK AND RECREATION DISTRICT GRANTEE: UNITED STATES OF AMERICA, DEPT. OF ENERGY BONNEVILLE POWER ADMINISTRATION SUBJECT: "THURSTON HILLS" -EASEMENT, Lane County . The parties hereby employ Cascade Escrow to au es smlement agrn[ in connection with the sale by (Journa to Granted c f the subjeu esernem and agree, advise and insmuq Cascade Escrox• as follows: The signed Closing Statements ...do a pan efthese ammactions 05 Wholly set forth herein. Camaro items on the closing ststements ere estimates only and the Until figures may be adjusted to amonrmodete exalt amounts required N the time of closing of escrow and disbursement orbndt. for any reason additional funds shall become dna for Me accounts being paid through this escrow, the Seller/Buyer agree to dedepositaueM1 additional funds immediately upon notMention, Additional Instructions: Ail items re be paid in this escrow are reflected on the closing statements constituting a pan ofrhis emmw. Should oar item not appear an Me closing mmements, it is m be paid by the buyerand/or sal ler outside of this escrow. DOCUMENTS TO BE DELIVERED THROUGH ESCROW SHALL BE: any documents referred to in the sections entitled "Existing Encand ma ee(s)/Lauri and/or "New Eacumbrance(s)" and any other documents specified in these inattention. Grantee will ease to be delivered to you the funds and documents necessary for Grantee to comply with these inmuctions. Grantor will cause to be delivered to you the funds and documents necessary for Grantor to comply with these transactions, When you are in receipt of said funds and documents, you are to record and/or deliver the documents and disburse the funds in accordance with these Instructions arrd the attached closing statements. The parties to this mai ow acknowledge that they are aware terrible governmental regulations which require that all funds deposited last escmw must be collected funds and available for withdrawal prior to the disbursement Ofescrow. All funds deposed to this escrow must be deposited in the farm ofa Cashier's Check, Certified Check or Wire Transfer. In ore event of deposit ofuncollected funds, Cascade Esuow is authorized and instructed to delay the closing ofthe escrow, pending conFlrtnmion ofbe clearance of all deposlm. All funds received In this escrow shall be depoaited with other escrow funds in a general escrow, account or accounts of Cascade Escrow with any State or National Bank, and may be rransferrred to any other such general escrow account or accounts. All disborsemano shall be madeby alcor m Cascade Fsemw. Ifwithoul agreement fund¢ are rcteined or remain in escrow 6 months after close ofa§crow, you may demes, therefrom a $25.00 per mdn0t fee. The expression "close of escmw•• means fire date on which instruments refitted to herein are recorded. Any documents that have been prepared by Cascade Sam. were so prepared at the parties' direction and have been reviewed and approved es,o terms, provisions, fort and convent by the parties. Cascade Escrow u authorized and istme[ed to insert dates and terms on instruments ifexammut incomplete in such p odculars. ARercloseofecrow, yov are[o deliver the documents, funds and ober property delivered herewith to the c.a entitled beater. You are M Fom@h a copy of Mese hatmuiens, amendments thereto, closing statements andtoraq other document deposited in this escrow to the lender or lenders and/or Moretti states agent or agents involved in bis transaction upon requen efsnch lenders) or agent(s). Cascade Title Co. is aubortzed to act Pursuant ro ORS 86.'20. You will remal,file be necessary legal instruments and you are then authorized to pay offmch encumbrances of record as may exist at time of, a ording/filing such ietmments, to permit issuance all Bine polity, as above stated end shall no, be responsible for liens arowhing after said date. Buyer and Seller M1tteby acknowledge,cart they have and sM1all have.Me continuing obligation of good frit in dealing with Cascade Escrow to enable Cascade Escrow to fulfill its responsibilities under this agreement. Such obligation of Buyer and Seller shall survive Me closing of the armaaction described herein and shall include, without limitation, the obligation to: (1) Disclose to Cascade Escrow any liens, errcumbmnee m any other rights, claims dr matters known to Buyer or Seller which afiea or relate to the property and transactions referred m in this eg scrumb (2) Retain m Cascade Set. far Cannot disposition any funds, documents or ether Property which ere for any re son improperly or ml»akenly released to Buyer or Seller and, (3) Provide m Cascade Escrow ell additional documents, Fonds and signatures required by Cascade Erw to fulfill these snow immations and to fulfill Cecode Escrow's obligations to deport and remit to the State ofOregan pursuant to ORS Ore. Rev. Statutes 314258, at seq. To bcNimte Buyers and Settees continuing obligation of good faits and cooperation to Cascade Esteem and to enable Cascade Parma, to mlfllt its obligations under, thea escrow fi stmctime, each of the undersigned hereby irrevocably appoint Cascade Escrow theirmtamey- in-fact to execute in bear time and on their behalfsuch papers and documents as may be required in fulfill the terns mflh. rE-ttoC JOINT ESCROW INSTRUCTIONS—Escrow No: EU13-2352C 09/25/2013 PAGE 2 OF 2 craw instructions. We have agreed and agree to conduct the corrections described herein electronically, Including the use of electronic signatures. You are to have no liability or responsibility with respect to any manors con icured with the following (unless expressly nuthimised herein): (1) Camphor. with requirements ofthe Consumer Cred it Protection Act or lnte,litate Land Sales Act, no imilar laws; (2) Compliance with the requireman¢ of Oregon Revised Statutes 537.330 (,aimed to w uS,I,hg), Oregon Revised Statutes 537.788-793 (related to well information), and any similar laws; (3) Title to any personal Property, or ercumbrunces thereon, inclutling but not limited to, personal properry taxes, sales tax, instruments fled under the Uniform Commercial Code, water rights, ar lcaetl cquipmenl on premises; (4)Capacity,forgerimorfalwperwnatio efanypenon or party in connection with there instructions or thisescrow; (5)F'ire Insurance and any other insuranre coverage. Seller anb Buyer agrcemdsuch ;and,(8)An sums far outside tduebeen. (6)Theeffecatumring ordinances; (])Anylaw regarding land division; and, (8) /airy sums [M1m may biome due because sidle qualifiwtion of Ne property qualifying far detbmed mics or other deferrctl liens. In the event any dispute arises belotwo Grantee and Grantor conecming Ne property, documents, or funds covered by these iimmuccirrs, Cascadr Escrow may at its election (1) hold all manors in their existing status pending resolution of such dispute or, (2)jnin or commence a court retire and in such meson deposit me funds and documents referred m herein with me mart where such action is gentling, and ask the court W determine the rights of Buyer and Seller inand to such property, documents antl Ponds. In the event it such dispute and Cascade Escrow's election ofeither, altematwo described above, Cascade Escrow shell have no further duties or obligations under, this agreement other than either to hold such funds and documents until Buyer and Seller have resolved their dispute or to depo%it such funds and documents into court. In me event any suitor anion is brought by Grantor, Grantee, Cascade Escrow or coy of them to enforce this agreement ort, emivo any tlispute between or among Grantee, Grantor and Cesium Escrow, including a suit for declammryjudgment the prevailing parry shall be entitled to recover all expenses, costs and reasonable attorney's fees Incurred in connection with Irvin our or cation at trial, on appeal, on any petition for review, and in any arbitration m administrative or bankruptcy prawadirl, We have been specifically informed Net Cascade Escrow is not licensed to practice law and no legal advice has been offered by Cascade Escrmv or any of its employees. We have been further informed that Cascade Escrow is acting only as an escrow holder and is forbidden by law to oticr any advice to any panty respecting the mcrva of Nis transaction or the nature of the insrrunreare utilized, and Gant has not done so. We have not been referred by Cascade Escrow W any named attorney or attorneys or discomaged from seeking advice of an a mars, but have been encouraged to seek legal counsel of our cow choosing at our own expense, if we have doubt concerning my aspect of this transaction. We hue been afforded adequate Eine and opportunity t, read and understand the escrow instructions and all other documents reparred to therein. Grantor and Grantee ere hereby informed Net Cascade Escrow departs, all funds into a non-interest burring account and receives r may receive wrtaio bank services including, but rat limited to, checks, deposit slips, data processing end account sorvicea from or through various banks a a result ofthe banking relationships maintained in me regular course of its escrow, and ofHliters' business. Grantor and Grantee each waive any and all rights or claims With respect m such bank services received by Cascade Escrow or any aflilidw thereof. A Good Faith estimate of the value ofthe bank services received is $50.00 per mr.transaction .I'his disclosure is made in compliance with Oregon Administrative Rule 86350-065, WE ACKNOWLEDGE ADVISEMENT OF THE ABOVE DISCLOSURE AND PERMIT SUCH SERVICES TO CASCADE ESCROW. IT IS UNDERSTOOD BY THE PARTIES SIGNING THE ABOVE ESCROW INSTRUCTIONS THAI' SUCH INSTRUCTIONS CONSTITUTE THE WHOLE AGREEMENT BETWEEN THIS FIRM AS AN ESCROW AGENT AND YOU AS PRINCIPAL TO THE ESCROW TRANSACTION. THESE INSTRUCTIONS MAY NOT INCLUDE ALL THE TERMS OF THE EARNEST MONEY AGREEMENT WHICH IS THE SOW ECT OF TO ESCROW. READ THESE INSTRUCTIONS CAREFULLY, AND DO NOT SIGN THEM UNLESS THEY ARE ACCEPTABLE TO VOU. GRANTOR: GRANTEE: WILLAMALANE PARK AND RECREATION DISTRICT UNITED STATES OF AMERICA, DEPT, OF ENERGY By: %_, _ BONN ENT LLB POWER ADMINISTRATION ANNE BALLEW, President OO, J By: n A. ELLEN CAMP, Supervisory Really Specialist By: Aiurr ! i n Q n PAM CAPLES, Sevres-ary Pro Tem A.m.5 AFTER CLOSING. so."us3 AFPFA C... l"' ESCROW INSTEUCT10N5-6umw No: HU13-2352C O'U23201] PAGE20P2 eknrovk pgnopmav W ¢neve epwa vne pne p Imam nt bmmn'are %SerWm penin elamnleelb. IXeNaMB rM1v we a! Y mAwew lYpil'rywrcrporelLllibwul; mparmaeYmopineonnmm wan pe ftllowing(unlwvepmflT .umo`rrolem M1weml:(ye.mwmrtt,andtgmimlltmtorneu.mmrtembvmwnlmr,w ormo-PSRtuMseloner.. AnivA S1.1-1]9]Ii9egAilnler uwllimN moeuwr ieRaMe3M1nrws)UITIII NeiluwelmrlpM:LOrtgon �;;meranmr mraw, mamlM bmnwamlRe lRmmmleo.t.l�m��n.�m�iwmtou nim n'a�ur U:imrm mmemaue., awriann, mlw,tewlpmNRmewm;rm; (nC¢pmlW. Tmpam.rnEr pmmmL.rsmmypmm. �rp.IWmm;w<mko.ilnlllmamrrsmlowermat...w: rnpwwlnmuel;amly m;ww;ml;mvwr.p. ewer.ee HmtlMlmm .111[11¢[ wuluworau rwwma:milmemw; Is]ne.ma.r.ml;¢«amnw: mnMnw �t9rxi;;gla;meaulwl:wa,luq;;raml;rmalmPY brmmrame:m::mm,ymllnwrmewrmawopnyawllrrm®rvr remalmtawm.reelamn nmr. m rTyt erml .M mrpw¢ w;rw balwem Laallu. em wl,mr m.amlm In. w.Ywlr. eowmwr,.r ww rtwerte q mr„ I;e Rmttmme ENww mM alin wwnelnmmrm 'Aoawummmla mRwnavEaW.nawxeIn¢ekmtml.lonWmql eenp.a;mmonnmlltqlX.e1n11g1n,uMoYgNLarebunwabelamo,aegxnmvnweuarrNINA, rlrmownimnpr1m, weM,O,1e,omw m:rwnds smµnro lt i. m..avuenoEll�pll�.+�e'�`.mael`aearsem�lm`uam..`��m.t�e Xoie.�a`��n«mm;a�`ea.mc`r"ews` �`laii mrm ena awe. next mmlrw Imlr akwn.r m awrH mm r.;m pa ammAta. mm emAt In Ntwmlmr wror Hann b m Nft Er 0.11N, --RU Curvau Naow or W orH—mmrww;nhveltemml wm remy envoi, MI.mAa 1111$ OMmm, Wvn me Cana[ 61111,, W.hwn...0 NremxamyNeRnml,Ae mveill4Biml 11.1;6. mrtlka mrt wvwallaYeerk ewnenemmanmiemoNe/a rtt:nvveeptoMenionvxn wrl; rvnore to;al,meORnl,.n eMYtlirM Pwmin�vm mvryvN;ItNl.nwuaminuvnlrc wbenlm;Arypoeetdry eenar. been rpn;nnlly iakmt00adttaee Etervw F nw Manua. —Iia I—w - kMl aNke Amhern eFerta gywa.""n FWWMftsm;11% lx WV, V, waelr mIN eaq ; m a Iwo ¢rALLIa IIXmm.tees�elw ooM t rtiRal gll melrlbafln)mwMlpt Atn urtpObi aWe Xvve nabaenrlemeL)pmeae&u.vmanynwwe¢Homer or Wrpryvottliaoungte! emV'ngaNlw.pea omrybw A.rebe<nmtounpetlbauk lepltaunfel [lour armmopNnyglowewna[pN01I ni M1ereawp[mmmFy .q rpeG.Pmir p;lµ.fua Weneveh waMaaeyMVlLrcma.oPor.mgYlortMeneunamMe;ntessmw invralionanntlallolA¢raww;lgp lermemw.m;n. Ho,c,. O-Wr.nnarnlw nreN ,inPomNlnureaameeamwavpfAr NI bmLml..nm.InmrmbearmeeawwuA I.Mrw w mryr ;F atn.m wm rtrvne l;nlWing uolnw:bnBtel..alwlLe.mera'ya aapmueNne vM.umnr :wrrvm w mm;gn vmaw 6116 A, —h m m. n.;lE ma rvmnnm w m.ml.b..a m J;t mpl.r [euro .rn emrow .mwlw'EwbNm. er;mmr.;asrwl:um..IYtmrmemegnno..Mlm:wlln mpel m..es bmka.we.s EASCCRRg0pOWvWLeOsFr.eCr�OwGeeAvVn`V¢rot1l9lmE.ME'fNMT�E0ll1eellI�SEASOIEE�. VXE AND FORMIT SUCH N0YORM1TgUCN $iEnR[RIVCF69rE1�IDCASSSCnWOEE IT I6 UNO6RSTOOD HV THE PAATIFI 51GNHI6 IN. ABOVE W.OWINSr0.UCTNMS TNATSUCM INETRIp-'TION6CIN(SiTrUTBTNF WMOIE AD-ORHENT RLTWMN TNR PIR -w. AN 6CgOW ACEryT ANO T.H AS PRINCIPgL TOTXS ESCROW TRA"ATON. TNPSE EFFITUCHONS MAT NOT MCLUGH ALL THE TERMS OF THE EARM ITMONSI AOREFFRNT WHEN ISTHE SUVJEGTOPTHIS ESCROW. PGO TN6SC IP6TEVCM1OW EAR.D Y,ANO OO NOT STUN THEM ONLC98 TN6T AREACCHPTABLC TOTED .9A.W GRANTED, WILLAWLANE PAM AND 0.6CRFATION O1IOHI UNH6O51'ATESOFANR.k OgFT. OF ENERGY m RY' B IL �WWCR p prlwTrov ONE CALL6W, Prtv6nl qN M EY, _ n. CL LN WMP, euwr mry Nrlq SpttivHn YAMCA NEI0.P]s NTpS.fI. Seerelyhe 1Rm .UllXG; nWN[9nIlFM1LL64em. AFTER RECORDING RETURN T0: CASCADETTTLECOMRANY 811 Wfl IMETTE SC, EUGENE: GR 97401 CniL�Sz C�. J�l AFTER RECORDING, RETURN TO: Bonneville Power Administration Real Property Services, TERR Re: WILWF-WL-16 P.O. Box 3621 Portland, OR 97208-3621. Lane Caynty Clerk [q�1 y Lane County Deeds and Records 1013-052912 111111111111111111111111111111111111111111gII1N $252,06 01397972201300524720390392 RPR-ESRT Cntel SLnegl CRS13012012 0:56:51 AM $195.00 820.00 810.00 811.00 $16.D0 DEED OF CONSERVATION EASEMENT THIS DEED OF CONSERVATION EASEMENT is executed this oc "'day of .SZ ti : , 2013,.by Willamalane Park and Recreation District, a political subdivision of the State of Oregon, ("Grantor"), in favor of the United States of America ("United States"), acting by and through the Department of Energy, Bonneville Power Administration ("BPA" or "Grantee"), headquartered in Portland, Oregon, at P.O. Box 3621, Portland, OR 97208-3621.. The Grantor and Grantee together are referred to as the "Parties " I. RECITALS A. BPA is a power -marketing agency having legal obligations under the Pacific Northwest Electric Power Planning and Conservation Act, 16 U.S.C. §§ 839-839h ("Northwest Power Act") to protect, mitigate, and enhance fish and wildlife, including related spawning grounds and habitat, affected by the development and operation of Federal hydroelectric projects of the Columbia River and its tributaries, in a manner consistent with the purposes of the Northwest Power Act, the Fish and Wildlife Program adopted by the Pacific Northwest Electric Power and Conservation Planning Council under subsection 4(h) of the Northwest Power Act (16 U.S.C. § 839b(h)), and other environmental laws, including the Endangered Species Act, 16 U.S.C. §§ 1531-1544 ("FSA"). BPA has the authority pursuant to the Northwest Power Act, 16 U.S.C. §§ 8391b(h) and 839f(a), the Federal Columbia River Transmission System Act, 16 U.S.C. § 838i(b), or the Bonneville Project Act, 16 U.S.C. §§ 832a(c) through (f), to acquire real estate or to assist in the acquisition and transfer of real property interests; B. Grantor is Willamalane Park and Recreation District, a political subdivision of the State of Oregon. C. BPA and the State of Oregon entered into a programmatic Memorandum of Agreement, dated October 22, 2010 ("MOA"), in which BPA agreed to fund the acquisition of real property interests through the State of Oregon to permanently protect and enhance important fish and wildlife habitat in the Page 1 of 38 Willamette Basin, where it either currently exists or atone time existed, in exchange for supporting BPA's partial fulfillment of Northwest Power Act and ESA obligations, and in exchange for rights of enfmuemwtt, entry, and inspection to the United States and its assigns. D. BPA in accordance with die mutual commitments of the MOA, a copy of which is available from the BPA Manager, Real Property Services, P.O. Box 3621, Portland, OR 97208-3621, provided funding to the Grantor to acquire fee title ownership of certain real property, the Tlmrston Hills Natural Area ("Protected Property") located in Lane County, Oregon. The Protected Property has important features that help BPA meet its statutory obligations to the public under the Northwest Power Act and other environmental laws; E. Grantor is a Park and Recreation District, and, as such, public access is central to Grantor's mission and goals. Grantor intends to use the Protected Property for the following purposes, including, but not limited to: (1) passive recreational uses, such as hiking, mountain biking, and wildlife viewing; and (2) restoration mrd enhancement of natural areas. H. AGREEMENT A. Conveyance and Consideration. The Grantor, for and in consideration of the funding in the amount of $500,000 in U.S. dollars which BPA provided to partially reimburse Grantor for the acquisition of the Protected Property, hereby voluntarily conveys and warrants to the United States of America and its assigns a perpetual easement for conservation purposes ("Conservation Easement") in, over, under, upon and across the Protected Property, legally described in Exhibit A (legal description), attached and incorporated by reference, and shown in Exhibit B (map/aerial photo) attached and incorporated by reference, created and implemented under applicable state and federal law, mid creating an interest in property attended to be a conservation easement under ORS §§ 271.715 - 271.795. This conveyance and warranty includes rigltts of access, ingress and egress to the Protected Property, as described and shown in Exhibit D (access easement). The Parties intend this Conservation Easement to be a perpetual and irrevocable easement in gross, and further intend that its terns and conditions, set forth below, create equitable servitudes and covenants running with the land, binding the Grantor mid the Grantor's successors and assigns for the benefit of the United States. B. Purpose. The purpose ("Purpose") of this Conservation Easement is to protect and conserve, and as appropriate, to allow for the restoration or enhancement of the Conservation Values (Section C, below) of the Protected Property. As such, the Purpose of this Conservation Easement includes the prevention of any use of the Protected Property that will materially harm or materially interfere with any of the Conservation Values of the Protected Properly, The Grantor intends that this Conservation Easement will confine the use of the Protected Property to activities that Page 2 of 38 comply with the Conservation Easement, including the approved Management Plan. The following activities are intended uses of the Protected Property and shall be deemed to comply with the Conservation Easement: (1) passive recreational uses, such as hiking, wildlife viewing, and mountain biking; and (2) the development and construction of a network of soft surface trails in order to facilitate public use. BPA shall have the right, but not the obligation, to enforce any and all terms of this Conservation Easement. Any use of or activities on the Protected Property by the Grantor shall be consistent with the Purpose of this Conservation Easement. In the event that there is a conflict between the Grantor's uses or activities and the Purpose of Conservation Easement, the Purpose of the Conservation Easement shall be construed broadly and shall prevail over any conflicting uses or activities of the Grantor. C. Conservation Values. The Protected Property, in its present state, comprises approximately 106 acres including oak woodlands, oak savannas, and upland prairie habitats. The Protected Property provides an opportunity for promotion and encouragement of mature, diverse, native plant and animal communities; and provides relatively natural habitat for native plants, fish, wildlife, and other important components of the natural ecosystem. The Parties agree that the Protected Property includes other important species, habitat, and other important ecosystem attributes. The Conservation Values of the Protected Property that currently exist specifically include the following, recognizing that such Conservation Values may periodically fluctuate or trend toward long -tern change, due to natural events such as wildfire, floods, interdecadal climate events, and long-term climate change, as well as human - initiated enhancement or restoration actions: Species including: i. coyote (Canis latrans) ii. cougar (Puma concolo ) iii. Cassids vireo (Vireo cassinii) iv. Pileated woodpecker (Dryocopus pileatus) V. Hammonds flycatcher (Dupidonar dammoudii) vi. Wrentit(Chantoeafasciam) vii. pacific tree frog (Pseudacris regilla) viii. Oregon white oak (Quercus ganyana var. ganyana) is. ponderosa pine (pinus ponderoso) X. tall camas (Camassia Ieicht inii), xi. common camas (Camassia quanash), xii. sticky cinquefoil (Dr}nnocallis glaadulosa), xiii. barestem lomafium (Lomatlum mudicaule), xiv. rosy checkennallow (Sidalcea virgata), XV. prairie junegrass(Koelcria macrandra), xvi. Hall's aster (Symphyatichmn ha)lii), xvii. Oregon saxifrage (Sazifiaga oregana), xviii. common western saxifrage (Saxifr�aga fidegr{folia), xix. Henderson's shooting star (Dodecatheon hendersonii), and XX. prairie star (Lithophragnm pan+iJlora) Page 3 of 38 2. Habitats including: i. upland prairie ii, oak savanna iii. oak woodland Connectivity and restoration potential: the property contains suitable habitat for priority species associated with Willamette Valley prairie -savannas and is located proximate to other significant protected prairie -savanna remnants, e.g. at Lane County's Howard Buford Recreation Asea. The Grantor acquired the Protected Property with restoration and enhancement of remnant prairie -savannas as a management objective. The Protected Property is also part of a larger suite of acquisitions by the Grantor that will enhance wildlife habitat connectivity across the Thurston Hills. In addition, the Protected Property is key to promoting regional connectivity and is identified as an upland connection within the Thurston Hills, as shown in the Rivers ra Ridges, Metropolilan Regional Parks and Open Space Studv, Vision and Strategies, June 2003. The Protected Property will be part of an overall 700 -acre natural area for Grantor and will contain a network of soft surface nails to promote environmental education, community wellness, and an outdoor experience for passive recreational activities in a growing urban area. D. Water Rights. To the extent the Grantor acquires water rights in the future appurtenant to the Protected Property, the Grantor shall change the use of appurtenant water rights to instream flow purposes in a timely manner in accordance with applicable law. Should that change not be appropriate or feasible, -the Grantor shall use the amount of water to which it is legally entitled in the place and manner to which it is legally entitled, for a beneficial purpose without waste, for the Purpose of this Conservation Easement. The Grantor shall not abandon any of the water rights appurtenant to the Protected Property by virtue of non-use. The Grantor shall not transfer, change the point of diversion, change the purpose of use, or otherwise significantly change any Protected Property water right without receiving prior written approval from SPA. E. Baseline Documentation. The Grantor and BPA agree that the characteristics and conditions of the Protected Property at the time of 0nis grant are documented in a Baseline Documentation Report, signed and acknowledged by the Parties; the acknowledgment is Exhibit C, attached and incorporated by reference- F. eferenrzF. Reserved Uses. The Grantor reserves, for itself and its successors and assigns, the right to use the Protected Property in any and all ways which aze consistent with the Purpose of this Conservation Easement and which are not otherwise prohibited by this Conservation Easement, including but not limited to: the right to record title, the right to convey, transfer, and otherwise alienate title to these reserved rights in accordance with sections K.15 and R; the right of quiet enjoyment of the rights Page 4 of 38 reserved in Protected Property; and the right to prevent trespass and control access G. Management Plan. The Grantor shall develop a Management Plan for the Protected Property to describe the uses and activities that the Grantor expects to undertake or allow to be undertaken on the Protected Property, including any restoration, enhancement, operation and maintenance, or any other activities or uses. The Grantor shall include in the Management Plan any limitations or prescriptions for these uses and activities necessary to ensure the Purpose of this Conservation Easement. The Grantor shall also identify in the Management Plan the allowable use and access by the public of the Protected Property. The Grantor shall develop the Management Plan in consultation with BPA, and relevant interested local, state, tribal, and federal resource agencies, and the Grantor shall provide an opportunity for public input on the Management Plan. BPA shall review that Plan and tory proposed amendments for conformance with the MOA, this Conservation Easement, and applicable laws. BPA must approve the Plan or any amendments prior to its implementation. Prior to review of the Management Plan by BPA, the Grantor shall not undertake any ground - disturbing activities on the Protected Property without prior notice to and written approval by BPA. The Grantor shall make the final approved Management Plan, and any approved amendments, available to the public. The Parties shall work together to revise the draft Management Plan as appropriate mntil the draft is acceptable to the Parties and receives written approval from BPA. BPA shall not withhold its approval of a Management Plan unless it believes in good faith that (1) the Management Plan inadequately addresses material issues related to the protection of the Conservation Values and (2) that reasonable alternative provisions will result in better protection of the Conservation Values. H. Public Access. GrantorandGrantee recognize and acknowledge that public access is central to Grantor's mission and the goals of the MOA. Accordingly, the Grantor shall provide reasonable public access to the Protected Property for passive recreational uses such as hiking, mountain biking environmental interpretation, and wildlife viewing. The Grantor intends to invite the general public to access the Protected Property and will address public access and the protection of conservation areas and sensitive habitats in the Management Plan. Annual Report. The Grantor shall annually submit a report to BPA that describes, at a minimum any: changes in real property interests (including water rights) in the Protected Property; uses or activities undertaken, in progress, or planned; any proceeds generated on the property; violations or threatened violations of the Conservation Easement; and enforcement action taken. The Grantor shall provide the initial annual report in the fifteenth month after the closing date of the acquisition of the Protected Property, and then annually on that initial report date anniversary thereafter, unless otherwise agreed by BPA. Page 5 of 38 J. Rights Conveyed to Grantee 1. General Rights. The Grantor has conveyed this Conservation Easement, together with access, to the United States.BPA is the acquiring federal agency having jurisdiction and control over this Conservation Easement. Subject to valid existing rights of record and those rights specifically reserved to the Grantor, all development rights associated with the Protected. Property are vested in Grantee. In addition to any other rights granted to the Grantee pursuant to this Conservation Easement, Grantee has the right to: a. Access and inspect the Protected Property at all reasonable times upon reasonable notice (which may be by phone or electronic mail) to assure compliance with this Conservation Easement; b. To access the Protected Properly upon reasonable notice (which may be by phone or electronic mail) to survey the fish and wildlife habitat and evaluate the status of the Conservation Values; c. Prevent any activity on the Protected Property inconsistent with this Conservation Easement, and to require the restoration of areas or features of the Protected Property that arc damaged by any inconsistent activity (restoration of damaged areas may be coordinated between the Parties with consideration for funding availability and reasonable expectations for timing and nature of restoration); and d. Should the Grantor fail to do so, to retain and maintain the right to use any and all of the water rights associated with the Protected Property, and to protect those rights from threat of abandonment or forfeiture under relevant law; Grantee may, after providing 90 days advance written notice to the Grantor enter upon the Protected Property and take actions reasonably necessary to maintain the validity of the water rights. Transmission Facilities. The Grantor conveys the following rights to the United States: to construct, locate, operate, maintain, repair, reconstruct, upgrade, keep clear, access and patrol future transmission facilities including ancillary - transmission communications facilities within the Conservation Easement . Should such a perpetual transmission easement be needed, the Parties shall negotiate the final terms and conditions of the transmission easement in a form substantially similar to Exhibit E, Form Transmission Easement, attached and incorporated by reference. Such transmission easement shall not be presumptively precluded by the terms of this Conservation Easement. The Parties shall seek to negotiate terms and conditions of die transmission easement that reflect the Purpose of this Conservation Easement, and may include mitigation measures in accordance with the MOA or as otherwise identified as part of an environmental analysis for the transmission easement under the National Environmental Policy Act, ESA, or any other applicable laws. Transmission easements shall be for the sole purpose of transmission of electrical power and ancillary communications. Page 6 of 38 K. Prohibited Uses and Exceptions. The Grantor shall manage the Protected Property to protect its fish and wildlife habitat on behalf of BPA, preventing any and all uses of the Protected Property that are inconsistent with die Purpose of this Conservation Easement. The Grantor may also manage the Protected Property to restore or enhance fish and wildlife habitat, provided the restoration or enhancement activities are approved by BPA, either in an approved Management Plan or by prior written approval. Prohibited uses of the Protected Property include those specifically listed below. Tire Parties intend that any activity that may materially harm or materially interfere with one or more of the Conservation Values is prohibited, and therefore the list identified below is not exhaustive. Residential, Commerical or Industrial Uses. Any residential, commerical, or industrial uses of the Protected Property is prohibited, including timber harvesting, grazing of livestock, and agricultural production, unless such practices are utilized as methods for restoration, fire management, construction and/or maintenance of the trail system allowed under Section K.? (Construction), for matters of public safety, or enhancement of fish and wildlife habitat and are consistent with the Management Plan. Any net revenue in excess of costs to Grantor generated by such activities is to be dedicated to the management and restoration of the Property. Activities primarily intended to educate the public or provide recreational opportunities, which are allowed subject to the Management Plan's guidelines, are not considered commercial activities. 2. Coosbwcdon ofBuildings,Facilities, Fences or Other Structures. Construction of new buildings, facilities, fences or other structures is prohibited, except for: L boundary fences providing opportunity for wildlife ingress and egress; ii. fences, gates, or other barriers as needed to prevent unauthorized vehicle access into the site; iii. temporary fences built for the protection of trees and vegetation, including protection from wildlife damage, that are limited to isolated and small areas (individual trees or bushes) or small plantings (less dean 115 of an acre) iv. maintenance of existing roads to allow preservation, protection, and enhancement of the Conservation Values; and v. construction of a network of soft surface trails as reasonably necessary to accommodate public use of the Protected Property, with the following characteristics: A. Trait network will be open only to non motorized traffic. B. Gates and other barriers will be constructed or maintained as necessary to limit motorized vehicle traffic onto and within the Protected Property. C. Benches may be constructed along trails, as needed, and up to Page 7 of 38 6 informational kiosks maybe constructed at primary access points to the Protected Property. D. Way finding signs sufficient to guide trail users on the above referenced trails. The Parties will address implementation of the trail system in further detail in the Management Plan. Grantor will obtain BPA's written approval of trail network design either through the Management Plan or separate document. Such approval will not be unreasonably withheld. vi. any other construction for purposes of enhancement as agreed to by the Parties in an approved Management Plan. vii. Repair, maintenance, or replacement of existing buildings, facilities, fences or other structures identified in One Baseline Documentation Report are permitted at the same location and within the existing footprint of such structures. 3. Utilities. Except as provided for in Section J.2, the installation or relocation of new public or private utilities, including electric, telephone, or other communications services is prohibited. Existing utilities on, over, or under the Protected Property may be maintained, repaired, removed or replaced at their current location as that location is documented in the Baseline Documentation Report. 4. Signs. All billboards and signs are prohibited, except signs that display the name and address of the Protected Property, the owner name and name of project partners, the area protected by the Conservation Easement, prohibitions of any unauthorized entry or use, wayfinding signs, public access rules, and educational content consistent with protection of due Conservation Values. Each of the permitted signs may not exceed 15 square feet in size or must fit within approved kiusks. 5. Waste. Dumping, collecting, recycling, accumulating, or storing of trash, refuse, waste, sewage, bio -solids, or other debris is prohibited. 6. Miring. Subject to valid existing rights, if any, held by third parties at the granting of this Conservation Easement, the exploration, development, mining or extraction of soil, sand, loam, gravel, mineral, oil, gas, or other substance from the surface or subsface of the Protected Property is prohibited. Grantor shall notify the Grantee of any planned exploration, development, mining or extraction of any substances by third parties with valid existing rights as soon as possible, and at least 60 days before commencement of the action. 7. Topography. Altering the existing topography of the Protected Property by Page 8 of 38 digging, plowing, disking, or otherwise disturbing the surface or subsurface is prohibited, extent for any alteration as described in the Management Plan or as is necessary for the development of a trail system allowed under Section K.2 (Construction) above. 8. Walercwnses/1Vellandr. Draining, dredging, channeling, filling, leveling, pumping, diking, impounding or any other alteration of any watercourses, ponds, seeps, bogs, springs, wetlands, or any seasonally wet area is prohibited, as is altering or tampering with existing water control structures or devices, except for such alterations necessary to restore existing water courses and wetlands to a more natural condition as described in the approved Management Plan. 9. Vegelalion. The cutting, trimming, shaping, killing, or removal of any vegetation from the Protected Property is prohibited, except for purposes of noxious weed control, removal of danger trees, removal of trees, shrubs, brush and other vegetation for fire management purposes, enhancement of prairie, oak, savanna and oak woodland habitats, removal of obstructions to permitted roads and trails, mud enhancements to public access (e.g. trail development) as described in Section K.2 (Construction) above and in accordance with the Management Plan. The parties acknowledge that an intended activity on the Protected Property necessary for protecting and preserving the Conservation Values, including the prairie oak savanna and oak woodland habitats, will involve cutting and removal of trees according to prescriptions in the Management Plan. 10. Exotic Species. The introduction, cultivation, or use of exotic plant or animal species on the Protected Property is prohibited. Exotic plants include non-native invasive plant species. 11. Roads and lnrpetvions Surfaces. Existing roads identified in the Baseline Documentation Repoli may be maintained and repaired in their current condition and within their existing footprint as identified in the Report. Maintenance and repair of existing roads shall not be construed to permit the paving of any existing road not already paved or otherwise covered in an impervious material as of the date of this Conservation Easement. 12, Vehicle Use. The use of motorized vehicles is prohibited, except as necessary: (1) to cant' out activities approved by the Grantee, (2) for implementation or maintenance of activities outlined in the Management Platt, including but not limited to the construction and maintenance of the trail system allowed under Section K.2 (Construction), above, or (3) for matters of public safety. 13. Subdivision. The legal or "de facto" division, subdivision or partioning of the Protected Property is prohibited. 14. Public Access. Grantor retains the right to control the general public's access to the Protected Property. Grantor may allow access to the Protected Property for Page 9 of 38 enhancement, monitoring, education, or recreation activities consistent with the propose of the Conservation Easement, 15. Grant of Rights. The granting of any property interest or rights in the Protected Property, including easements, permits, licenses, and leases, without lite prior written consent of the Grantee is prohibited. L. Permitted Uses. Uses or activities otherwise prohibited under Section K above may be allowed but only if. (1) the use or activity does not materially barm or materially intefere with the Purpose of this Conservation Easement; and (2) the use or activity and any necessary limits or prescriptions are approved by BPA in advance, either in an approved Management Plan, or by written approval or written consent of BPA. M. Ecosystem Services Credits. Grantor may, upon BPA's written approval, sell mitigation credits, wetland credits, carbon credits, habitat credits, species credits, and other similar types of mitigation or conservation credits ("Ecosystems Services Credits") generated from the enhancement of Conservation Values beyond (1) the values indicated in the Baseline Inventory Documentation. Grantor shall submit a written request for BPA's approval, describing in detail (including as appropriate maps, photographs, inventories or other documentation) how the enhanced Conservation Values exceed those described in the Baseline Inventory Documentation. Where applicable, Grantor request shall also demonstrate how the sale of Ecosystem Services Credits complies with any restrictions associated with funding used to achieve the enhanced Conservation Values. Before granting approval, BPA will coordinate with the State of Oregon through the Oregon Department of Fish and Wildlife. N. Enforcement Notice of Vinlation, Corrective Action. If Grantee determines that the Grantor or its representatives, contractors, successors, or assigns violates or threatens to violate this Conservation Easement, and if such determination or dispute is not resolved by negotiation as set forth in Section O, Grantee will give written notice to the Grantor and demand corrective action sufficient to cure the violation and, where the violation involves injury to the Protected Property resulting from any use or activity inconsistent with the Purpose, sufficient to reasonably restore the portion of the Protected Property so injured to its prior condition in accordance with a plan approved by Grantee. 2. Grantor's Failure to Respond. The Grantee may bring an action as provided in Section N.3 if the Grantor Fails to cave the violation within thirty (30) calendar days after receipt of a notice of violation, or under circumstances where the violation cannot reasonably be cured within such thirty (30) day period, fails to begin curing the violation within the thirty (30) day period and fails to continue diligently to cure such violation until finally cured. Page 10 of 38 Grantee's Action. Grantee may pursue an action in a court havingjurisdiction to enforce die terms of this Conservation Easement: (1) to enjoin the violation, ex parte as necessary, by temporary or pennanent injunction; (2) to require the restoration of the Protected Property to the condition that existed prior to any such injury (subject to the considerations of,M,C, above); and (3) to recover any damages to which it may be entitled for violation of the terms of this Conservation Easement. The remedies described in this paragraph shall be cumulative and shall be in addition to all remedies now or hereafter existing. 4. Gramor's Action. in the event that the Grantor seeks a determination as to the legal meaning or effect of this Conservation Easement, or as to any alleged violation hereof by Grantee, and if such determination or dispute is not resolved by negotiation set forth in Section O below, then the Grantor shall be entitled to bring judicial action in a court of competent jurisdiction. Emergency Enfw-ceanent. Nothwithstanding the provisions of N.1 and N.2, if Grantee detennines on the basis of substantial evidence that circumstances require immediate action to prevent or mitigate significant damage to one or more of the Conservation Values, Grantee may undertake reasonable actions to remove, eliminate or mitigate damages to the Protected Property. Grantee shall provide prior notice to the Grantor of such actions to the extent reasonably practicable and may seek Grantor participation in such actions, but may proceed with such actions without permission from the Grantor or without waiting for the Grantor to take any action. O. Dispute Resolution. The Parties shall attempt in good faith to resolve any dispute arising out of or relating to this Conservation Easement by negotiation between executives or officials who have authority to settle the controversy. P. Acts of Gad/FDree Majeure. Nothing contained in this Conservation Easement entitles the Grantee to bring any action against the Grantor for any injury to or change in the Protected Property resulting from causes beyond the Grantor's reasonable control. In addition, Grantor is not responsible for any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Protected Property resulting from such causes. Such excuse from performance will be allowed only if such catastrophic event or other event beyond the Grantor's control has caused a substantial degradation of the Conservation Values. The Parties shall make all reasonable efforts to resume performance promptly once the force majeure is eliminated. Q. Waiver. The failure of any Party to require strict performance of any term of this Conservation Easement or a Party's waiver of performance shall not be a waiver of any figure performance or of a Party's right to require strict performance in the future. R. Conveyance and Assignment. The Grantor may not convey the Protected Property nor assign or transfer its rights or delegate its responsibilities under this Conservation Page 11, of 38 Easement without receiving prior written approval from BPA, which shall not be unreasonably withheld. S. Proceeds from Activities on the Protected Property. The Grantor shall use any proceeds generated from activities on the Protected Property towards the stewardship, operations, maintenance and restoration of the Protected Property. If proceeds exceed the stewardship, operations, maintenance and restoration needs of the Protected Property, the Grantor may use the proceeds on other BPA -Funded properties in the Willamette River Basin owned by Grantor, or the Grantor may roll the funds over to the next fiscal year until a stewardship, operations, maintenance or restoration need rinses. T. Termination or Amendment 1. Termination Standard. Tltis Conservation Easement may be voluntarily terminated by agreement of the Parties only if. a) a subsequent, unexpected change in the conditions of the Protected Property or the surrounding area makes impossible the continued use of the Protected Property for the Purpose of this Conservation Easement (except that changed environmental conditions related to climate change, or other natural events, for example, wildfire, river channel migration, erosion or avulsion, shall not be grounds for termination); or b) BPA agrees to exchange this Protected Property for another property proposed by the Grantor; factors that BPA will consider in determining whether to agree to an exchange include whether the new property is at the time of the proposed exchange determined by BPA to supply equal or better Conservation Values to meet BPA's mitigation needs as compared with the Protected Property; whether the property will be permanently protected pursuant to a covenant or other real property interest issued to BPA on terms substantially similar to this Conservation Easement; and the costs to BPA of undertaking the acquisition of the new property, if any. 2. Termination Process. If the Parties agree to voluntarily terminate this Conservation Easement and have met the above termination standard, the Parties shall terminate this Conservation Easement by executing and recording an instrument appropriate for the purpose. In the event of termination through an exchange for another property, the Parties must agree on the new property and its conservation easement before this Conservation Easement will be terminated. 3. Proceeds after any Termination. If this Conservation Easement is terminated either voluntarily by the Parties, or by involuntary extinguishment by a court of competentjurisdiction acrd the termination results in proceeds, BPA is entitled to either (1) a share of such proceeds in proportion to the amount BPA contributed to the fee title acquisition, which is 20% (twenty per cent) or (2) at BPA's election, Page 12 of 38 to review and approve use of the proceeds by the Grantor to acquire new fish and wildlife habitat for 13PA mitigation. 4. Amendment. This Conservation Easement may only be amended by agreement of the Parties, and any such amendment shall be properly documented, executed, and recorded. Amendments based cm changed conditions may be made only when the Purpose of the Conservation Easement is impractical to achieve, and when the effect of the amendment is to benefit, or least cause no material harm to or material interference with the Conservation Values (for example, amending the Conservation Easement to place further restrictions on the use of or activities on the Protected Property). The Parties may not use amendments to impliedly terminate the Conservation Easement or remove any portion of the Protected Property from its terms, except to the extent consistent with the Purpose of the Conservaton Easement. U. Control. The Grantor has ownership and control of the Protected Property and is responsible for all incidents of ownership. Such incidents of ownership include, but are not limited to, maintenance and repair of existing structures, hazardous waste response, cultural or historic resource mitigation or preservation, endangered species protection, noxious weed and invasive species response, tort liability, compliance with applicable laws, and payment of applicable taxes and assessments. V. Hazardous Substances. To the best of the Grantor's knowledge, there are no hazardous substances present in, on, or under the Protected Properly, including without limitation, in the soil, air, or groundwater, and there is no pending or threatened investigation or remedial action by any governmental agency regarding the release of hazardous substances or the violation of any environmental law on the Protected Property, and that there are no underground storage tanks located on the Protected Property. if, at any time, there occurs, or has occurred a release in, on, or about the Protected Property of any hazardous substances, the Grantor agrees to take all steps necessary to assure its containment and remediation without cost to Grantee, including any cleanup that may be required, unless the release was caused by Grantee, in which case Grantee will he responsible for remediation in accordance with applicable law. Nothing in this Easement shall be construed as giving rise, in the absence of a judicial decree, to any right or ability in Grantee to exercise physical or managerial control over the day-to-day operations of the Protected Properly, or any of the Grantor's activities on the Protected Property, or otherwise become an operator with respect to the Protected Property within the meaning of the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended ("CERCLA"). The Grantor specifically agrees to release and hold harmless Grantee from and against all liabilities for violations or alleged violations of, or other failure to comply with, any federal state or local environmental law or regulation relating to hazardous substances, including, without limitation, CERCLA, by the Grantor in any way affecting, involving, or relating to the Protected Property, except to the extent such violations or alleged violations are caused by the acts or omissions of Grantee. Page 13 of 38 W. Notice. Any notice permitted or required by this Conservation Easement, unless otncrwise specified, must be in writing, delivered personally to the persons listed below, or will be deemed given on the date deposited in the United States mail, certified and postage prepaid, return receipt requested and addressed as follows, or at such other address as any Party may from time to time specify to the other Party in writing. Notices may be delivered by facsimile or other electronic means, provided that they are also delivered personally or by certified mail. The addresses listed below can be modified at. any Time through written notification to theotherParty. Notices to BPA should be sent to: Director, Fish & Wildlife Program Bonneville Power Administration P.O. Box 3621 Portland, OR 97208-3621 and to BPA's Real Property Services: Manager, Real Property Services RE: WILWF-WL-16 Bonneville Power Administration P.O. Box 3621 Portland, OR 97208-3621 Notices to the Grantor should be sentto: Superintendent Willamalane Park and Recreation District 250 S. 32nd Street Springfield, OR 97478 X. Effective Date. This Conservation Easement vests when signed by the Grantor, and accepted by the Grantee. Y. Temporary Construction Easement. The provisions of this Conservation Easement shall he deemed not to conflict with the uses established in that temporary construction easement, reserved in the Statutory Warranty Deed, recorded on August 22, 2013, during the term of its operation. Z. GRANT, COVENANTS AND WARRANTIES, SIGNATURE AND ACKNOWLEDGMENTS To have and to hold the Conservation Easement herein granted unto the United States and its assigns. The Grantor warrants and covenants to and with the United States that the Grantor is lawfully seized and possessed of the Protected Property in fee simple, with a good and lawful right to grant the same, including a good and lawful right to grant this Conservation Easement; that the Protected Property is Gee and clear of all encumbrances and restrictions except the encumbrances and restrictions specifically set forth in Exhibit F (title warranty exceptions), attached and incorporated by reference. The Grantor further warrants and convenants to and with the United States that the United States and its assigns shall have the use of and enjoy all the benefits Page 14 of 38 derived from and arising out of this Conservation Easement; that the Grantor shall at the request of the United States execute or obtain any reasonable further assurances of the title to the Property; and that the Grantor will forever warrant the title to the Property and defend the United States against all persons who claim a lawful interest in the Property, except for persons who claim interests under the exceptions described in Exhibit F. �IN ITNES WHEREOF, the undersigned Grantor has executed this instrument this y 2013. Grantor: WILLAMALANE PARK AND RECREATION DISTRICT, apolitical subdivision of the State of Oregon By: Anne Ballow, President W K _..,( By: Robert W. Keefer, Se tarry ACCEPTANCE /B/Y� THE UNITED STATES A. Ellen Camp I Supervisory Realty Specialist Bonneville Power Administration dy-aro r3 Date Page 15 of 38 ACKNOWLEDGMENT STATE OF OREGON ) ) ss. County of Lane ) On this day of i P iP ! . 2013, before me personally appeared Robert Robert W. Keefer, Secretary, of Willamalane Park and Recreation District, known to me or proved to me on the basis of satisfactory evideng lobe die person who executed the within instrument and acknowledged to me that th", 4QcButed the same freely and voluntarily in such capacity; and on oath stated that they werea onzed to execute said instrum t i such official or representative capacity. �. o I orr e _ OFFIO'AL BFAL LISA ANNIH HILS /I NOTPAYPURLIGOREGON State of II/�ROMJ COMMISSIONN0. 443785 �/ / (� WCOMMISSION EXPIRES OECEtdBE87, 2013 (SEAL) Residing at J /lQK-- My commission expires /P . r%'/'3 ACKNOWLEDGMENT STATE OF Oregon ) ) ss. County of Multnomah /'I ) On this day of ��QNtu' , 20 I, , before me personally appeared A. Ellen Camp known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Superviory Realty Specialist, Bonneville Power Administration acknowledged to me that 5 he executed the same freely and voluntarily in such capacity; and on oath stated that c� he was authorized to execute said instrument in such official or representative capacity. AmNotary Public in and for the SEAL HASEROT IC -OREGON State of t�i'¢apn NO.447094ARCH 02, 2014 (SEAL) Residing at )AkE 0<1AjZf 1 tL My commission expires mff" at. 2-q q Page 16 of 38 ACSNOWLEDGMENT State of OREGON ) ) 55. County of Lane ) On thist��ay of, 2013, before me personally appeared Anne Ballew, President of Willamalanc Park and Recreation District, known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument mid acknowledged to me that she executed the same freely and voluntarily in such capacity: and on oath state that she was authorized to execute said instrument in such official or representative capacity. OFFICIAL SEAL TAHA ASHLEY HOLDEN Notary Public - State of Oregon NOTARY COMMISSION ON NO.451509 t MY COMMISSION WIRES fN1G0GT 12, ?A14 (SEAL) Residing at.___(,,.(26 My commission expires Page 16A of 38 EXHIBIT A—LEGAL DESCRIPTION EXHIBIT B—MAP/AERIAL PHOTO EXHIBIT C—ACKNOWLEDGMENT OF BASELINE DOCUMENTATION REPORT EXHIBIT DI—D14—ACCESS EASEMENT EXHIBIT El—E3—FORM TRANSMISSION EASEMENT LXHIBIT F—TITLE WARRANTY EXCEPTIONS Page 17 of 38 Exhibit A Legal Description TRACT 1 Commencing at a Lane County Brass cap monument marking the Northeast comer of the John Smith Donation Land Claim No_ 48 in Township 18 South, Range 2 West of the Willamette Meridian; thence along the east line of said Donation Land Claim No. 48, South 0° 02'02" East a distance of 396.60 feet to a point on the north line of the West Y of the Southeast Y of Section 3, Township 18 South, Range 2 West of the Willamette Meridian; thence along said north line, North 89"22'50" West a distance of 42.24 feet to a point on the North-South centerline of said Section 3; thence along the North-South centerline of Section 3, South 0"36'50" West a distance of 114.39 feet to the TRUE POINT of BEGINNING; thence continuing along the North-South centerline of Section 3, South 0°36'50" West a distance of 1951.76 feet; thence leaving the North-South centerline of said Section 3, North 89°56'05" West a distance of 436.67 feet to a point on the easterly boundary of the Weyerhaeuser Truck Road; thence along [lie easterly boundary of the Weyerhaeuser Truck Road, North 24°50'30" West a distance of 87.92 feet; thence continuing along the easterly boundary of the Weyerhaeuser Truck Road and along the we of a 2814.79 foot radius curve right (chord bears North 20"19'00" West 444.14 feet). an are distance of 444.60 feet; thence continuing along the easterly boundary of the Weyerhaeuser Truck Road, North 15°47'30" West a distance of 335.30 feet; thence continuing along the easterly boundary of the Weyerhaeuser Torek Road and along the arc of a 1004.93 foot radius curve left (chord bears Nor0i 26"32'26" West 374.85 feet) an arc distance of 377.06 feet; thence continuing along the easterly boundary of the Weyerhaeuser Truck Road, North 371722" West a distance of 153.43 feet; thence leaving the easterly boundary of the Weyerhaeuser Truck Road, North 56100'00" East a distance of 1206.73 feet to the TRUE POINT of BEGINNING, all in Lane County, Oregon. TRACT 2: In Township 18 South, Range 2 West, Willamette Meridian: Section 3: All of Lots 6 and 7, in Lane Comity. Oregon Page 18 of 38 � u^ti G �, ��,,,. r i .�, ��'�i�^, 'sem„'%a. w �' 't. Y z SY,) _ vim v� �� 4 t LS. e g° �� M '��'�'�I L'S� ` � � Y��1 i � � � �� , „z �� _bkr C1 A �� Y t' ( � ¢ ua� x , s' °�' x � �x �+'� � 4 � .r n ° m n� ��_ 3i� rir� tr R�!� 1 d r �� 9S�i�e � �' � � ', r ��i' � r.��; � u's ��' ' 4 i P r a, Ir iu t R eta u . >:. � �m�� x +�. R q:r. r a, ro 4 fr •Y I 1�{ 1 �� bey '�3 � S. P`h� s � F� - y h '� A �£ �Ak1}, { �}.. `�' a Ml;� A r �.'., � M4 � d tiel � ��° �k �� r �r, .� EXHIBIT C—ACKNOWLEDGAIENT OF BASELINE DOCUMENTATION REPORT ACCEPTANCE AND ACKNOWLEDGEMENT OF BASELINE DOCUMENTATION The undersigned hereby acknowledges and agrees that the Baseline Documentation for the Thurston Hills Conservation Easement in Lane County, Oregon, prepared by Salix Associates and dated August 2013, is an accurate representation of the biological, physical and historical conditions of the subject property as of the date of grant of the Easement. All of the undersigned parties have received copies of the Baseline Documentation. WILLAMALANE PARK AND RECREATION DISTRICT, a political subdivision of the State of Oregon -6114( . l By: Anne Ballew, President By: Robert W. Keefer, Se etary Bonneville Power Administration: A. Ellen Camp Supervisory Realty Specialist Bonneville Power Administration Page 20 of 38 Date q 11,020 t3 Date Date EXHIBIT D—ACCESS EASEMENT After Recording Return To: Bonneville Power Administration Real Property Services, TERR RE: WILWF-WL-16 P.O. BOX 3621 PORTLAND, OR 97208-3621 With a copy to: Dwight G. Purdy Thorp, Purdy ct al. 1011 Harlow Road, Ste. 300 Springfield, OR 97477 Mail All Tax Statements To: No change. Access Easement Agreement THIS ACCESS EASEMENT AGREEMENT is dated as of this _ day of 2013, between and among WILLAMALANE PARK AND RECREATION DISTRICT, a political subdivision of the State of Oregon ("Grantor") and the UNITED STATES OF AMERICA, ("United States"), acting by mid through the Department of Energy, Bonneville Power Administration ("BPA" or "Grantee"), headquartered in Portland, Oregon, at P.O. Box 3621, Portland, OR 97208-3621. Grantor, for and in consideration of the faithful observance of and strict compliance with the terms and conditions hereof and the finding provided by BPA to partially reimburse for the acquisition of property, hereby conveys and warrants to the United States of America and its assigns a perpetual, nonexclusive access easement; upon, over and along a right of way being of variable feet in width over and across a section of the real property, which is commonly referred to as Truck Road, situated in Lane County, Oregon, described on Exhibit A and depicted on Exhibit B, attached hereto and by this reference made a part hereof, from the intersection at Bob Straub Parkway south to the southern boundary of the Protected Property, described in Exhibit C, attached hereto and by this reference made a part hereof. IL It is mutually agreed by the parties hereto the rights hereinabove granted are subject to the following terms and conditions: Page 21 of 38 EXHIBIT D-2 1. , Quantifying Words and Terms - For the proposes of this easement, the words and terms "center line," "portion," "right of way," 'road," "road facility," "road segment," "road structure," and "roadway" shall refer to the plural as well as the singular. 2. Purpose - The rights herein granted are for the sole purpose of ingress, and egress, for the purpose of monitoring compliance with the terms of the Conservation Easement on the Protected Property, as described in Exhibit C. 3. Road Crossing - Grantor reserves the right to use, cross and recross, patrol, and repair said road for any and all purposes, in any mourner that will not unreasonably interfere with the rights granted to Grantee hereunder. 4. Maintenance - When either party is the sole user of said road, or any portion thereof, such party shall maintain that portion of said road so used at its sole expense. However, during periods of time when other parties are using the same portion of said road, maintenance shall be in proportion to each party's use. Grantee and grantee's assigns shall repair any injury or damage to the roadway caused by the exercise of any rights herein granted. Any repair shall return the road to the same, or a better, condition than which it was found. For the purpose of this easement, maintenance is defined as the work normally necessary to preserve and keep the roadway, road structure and road facility as nearly as possible in their present condition or as hereafter improved. 5. Assumption of Risk - Grantor makes no representations as to the present or future condition of its property or the nature or condition of, or traffic on, any roads or trails, and Grantee assumes all risks of personal injury or property damage to Grantor, Grantee and third parties, and to employees, representatives, invitees or contractors of any of them in connection with the exercise of rights hereunder. "Grantee," as referred to herein, includes employees, agents, contractors, subcontractors and invitees of Grantee. 6. Indemnification — Grantee will, but only to the extent allowed under the Federal Tort Claims Act, assume all risk of, and indemnify and hold harmless, and at its expense defend Grantor from and against any claims, loss, cost, legal actions, liability or expense on account of personal injury to or death of any persons whomsoever, including but not limited to employees of Grantor or damage to or destruction of property to whomsoever belonging, including but not limited to property of Grantor, resulting partly or wholly, directly or indirectly from Grantee's exercise of the rights herein granted, excepting only such claims, cost, damage, injury or expense which may be caused by the sole negligence of Grantor. Page 22 of 38 EXHIBIT D-3 7. Liability for Loss or Damage - Grantee shall be liable to Grantor for, and hereby covenants to pay for, all loss or damage to the property of Grantor caused by or resulting from Grantee's exercise of rights hereunder. 8. Successors and Assigns - The rights and obligations herein shall inure to the benefit of and be binding upon the respective heirs, devisees, successors and assigns of the parties hereto. 9. Prior Rights - This grant and all rights hereunder are subject to all liens, easements, servitudes, rights of way, oil, gas, and mineral leases, and all other grants or reservations either of record or on the ground affecting this property. 10. Compliance with Laws and Regulations: Grantee shall comply with all applicable Federal, State and local laws, regulations and ordinances, including but not limited to those governing dte construction, reconstruction, use and maintenance of roads. This Agreement shall be subject to the law of the State of Oregon. IN WITNESS WHEREOF, the parties have hereunto set their hand the day and the year first above written. Willamalane Park and Recreation District, a political subdivision of the State of Oregon By: Anne Ballew, President By: Robert W. Keefer, Secretary ACKNOWLEDGMENT State of Oregon ) ) ss. County of Lane ) On this _day of � 2013, before me, the undersigned Notary Public in mid for the state of Oregon, personally appeared Anne Bellew, President, and Robert W. Keefer, Secretary, of Willamalane Park and Recreation District and acknowledged to me that they executed this instrument as their free and voluntary acts and deeds for the purposes herein mentioned, and on oath stated that they were authorized to so execute this instrument. Page 23 of 38 EXHIBIT D-4 Notary Public— State of Oregon Acceptance by the United States NAME: TITLE: Date ACKNOWLEDGMENT State of Oregon ) ) ss. County of On this _day of , 2013, before me, the undersigned Notary Public in and for the state of Oregon, personally appeared Margareth H. Wolcott. Manager, Real Property Services of Bonneville Power Administration and acknowledged to me that she executed this instrument as her free and voluntary acts and deeds for the purposes herein mentioned, and on oath stated that she was authorized to so execute this instrument. Notary Public — State of Oregon Page 24 of 38 EXHIBIT D-5 Exhiat A to Access Easernenl Tmnh IWO ININNECOUNTY,o1 sox A ship of p 7lad ol'land in the 1,W- HAALMIT DLC Nu. 33 In Sndion 3S, Tunmlehlp 17 Suulb, Hose 2 \Yell end in SecDau S. Tonalship 15 South Ih¢Ige 2 Wmi of Will: ... "a, Maldlen, dw:nibed m folt.. Degumbty at a paird nn the 511-4 fl- nflhu MCIC"Wi, Ilish', Wddi is 129234 flim f IU 5N8 vhnir0} SUlllll Vf WJ l4ant"ml en 1. 17 the A. 4P, Hommi: D. I_ C, No.35in Tmmship 17 Smnh, Rails' 2 West nflhc Willumclle Marrdi. , svdrirh pain) N mnd:ed by a 4vi,mv aravmnanl dnignalad as WiyramrnelTimirer Gnnpinv Moi f,uaii IIn. 15; 'fhalm: East along IJrc Su ,L line al' said'nighwa, all" a dislnnce of 305 Yee q e)rc 11na pmol of beglnninp, m'thc vdp luamll.icoaibad: Tbuuca cavdi'awn, Grl nlnrny said South filo" 110 Las w a Ixlml nmr ari by :m i101t Idea, wbmh pain) ix d¢ Nunhwest corner of We von of Imrd cnnv,lid hT Prmndravu,cr Tm'o:c Cumpan)' Iv lams Dllerprisx.1111, by a \?mnmty Leen defied hlae 1!, 1954; 'niame slung We Wen bmnnlnry 91'the Jonas liml,,-1,s, Inc., '1'nct aed fl ansc:ty bamrday of a. lmcl nr land is Jmus 15mclpricas Inc. hl' a &'omantp 1)_1 rhnal Apol 6. 1952, lbe fullavAl, wmscs: ill 50mb U" d7 Ncrst a0q.0I'w.l la n Bnim med:rl Iq• nn iron pi!v; (2) ISau N'¢e150.O Ebel in apeinl me ned by an iron pipr., p; Smt160° A9' West 71 U.I3 flier, (41 Vn M Ug" 3(i ca:ee N till: !e9 lhronsll a cmdml auld, of 49' 0.� un am dislance 0 510,1 fee; (s7 Smub 4h' I d' East •19•LM1 teen :o dra No:ducere Barrer uf-v parcel of 1aM M•miF-n as hll i is a Wassanty decd ds,iJ Iibnol, M, 1955. ns du ll. d IC015' Lsmbes rnpall, 1'henee sloop ❑m mathwustnly line -fl-01,110 uwneJ cmmlY mud, Suellr QIP 4b' lent 5000 reel to a 130ict dnignnt,,J as Hnginmrs `talion 178 all; Tilenue-ld.hrgulung`yid nnnhwa lmiy liar. South 41` 45'0.'eS;in fcec; 'Thence North 411• 14' Wi,,, 0.73 f.o4 'fhcneo Noah i Ra 1 P 3f1' %I 9.19 fen m a paint mr fla, Notlb tum nl'dre Fr+,<ci of hmd dcsnibM as M.12 m aul N'onauly Dcui dated fabsueq 14, 1959; I c along d¢ Nonh line of aid patent rn , ,ml "W'd, is I(in fool :nutlmxstwiY of, wlaar^m '—dngld."I. mlbc cimrly lin, ollhi:umcr, 'ILeu: u!anp said conn b Ixurdcl'y Irl follows: Page 25 of 38 EXHIBIT D-6 (l) Mail 48' IS Weil, p;wilvl In slid all liar end along the easterly IwonAa'y line of aid Wgalwain uReml GING Cmnpmq Incl to the point of beginning of a curve to the Alibi, (said point Winn Snlrlh 4ry 4G W.50 feel Dmn it quint Netlh 4g° 15' West 474,4 lout from n p.ml hismifictl ns Pvsginunr's SL11ian 178+N8; (2) On We vrc aha cunx m me riyln rvilL a rodia.PI66.2U leu lLnu9h n un:har nngl: .yl9' 02` ac distance ur65S.92 feet (9) Nonis 0' 49' Weal 11D1.511.cs, rmoe Ideas, In lhclYvc Iscisv of boubloo, T�ny�'SHII'1N ti011'I'fl. PANO3a'7. aI-3sNT9P TDP11IS,LATfE'RF 01pR11)IAN Tim fullulem, desnibed nine (9) snpnenm of \\4ysrlawwacr Drat CIN, Developmenl Cnnlpany'S pbvale IeneR rood bassist in Gavernmen( Lot 6 of Seetlml 10 and Gill nunit Lol 3 and Om•er.t it halt of 5e0101, 11 ofTuwll 18 Sontl6. Ill nVA.2 Went, W.9i., mm in lbu\. W. Mothdl DLC No. NL nal hu Ibe Inatf.1i (:uMon DLC Nu. (2 nail in the Ilielnvd L'. iliac. DLC N.. 47 and in the S. 1). Marcy 1)1.0 No. 61 ..at in Ibe Mb tiu h DLv— Nn. 01 and is thmi.lm f.. Ln0ney DLC No. 3'1 nal in ab=dnnnr .L W allue. DI..0 N.. 411, hmh in said 'Pamuldp oatl Rinue: SZfh .NT NO ONE: Tlem gonion ortlsc A. W. Hannrnl gLCNil. Nf dmiibsM os lhllmve: Balloting at a paint oa the Sondr line of the Nlvl;pmic Highway oOich is 1192.54 feat (19.594 dohs,) Sveth of the Nonhx+zt comer of ilia A, W. Husnmit D. L C Pao- 22 in 1'eil 17 South. Rwrae 2 Wucl of Ole Withasums, lifujann, Aild, tabu IN nmtked by i ennlem mmsnmenl desigautad as Weyerhaeuser' I'Inher Cesspool, loonnmen No. is; 'l hence Fat along the Reath temc of nnid IdElawy fur o diNmme or 13117.12 fed (21.02 tud,u) .o n point whits is Ilia Nodhand vvmmwf n toot or Iand cenvtrymd by W. R. Rubin san unl wife nI Rcn TiWas. Inv., by u decd halm Itho.ua} 2N, 1946, mcoMM in Volano, 117, at Pane 171, Dced Reeards or Lmlc Cady, Usepan, and which feint is mulled by a ea unite ownsubtat dolignnted na Weyerlueuur'flmEm' CmnRely blmnnnvol No. 1 F; 'Ihm m Sa ill along he Curt line of dso but of lead co vcyed by mid decd door Fuel y 26, 1916,.fm a dismasv .1`21353 fed In us iron Pip. Mild, is the we noise of begb.ial; sial which narkn Ili. Son'sin;t amour of o nal or had ennveyed hr Ree "limber, lac., In I.. Isumnsel, Inc., by a decd del ci April 6, 1952; Thence Sunni 87` 59' U'e t I'.. a dislnnai ef8'..SA fano the bdanniag paial ore Ip` 57' 27- -" e ]'cave to Ibe right; Page 26 of 38 EXHIBIT D-7 rncata won9 aid anRc One lane alm�n or aww, Imam Nunb 311 td' w1:f 39l +i lkeq Fm' a di^,lh,. af4119.39 fia; TWO -Multi 48" IT'Alm f. n Jemeu of I30.R11 IWI: tbmcl Swab 11)' 116' IVIA ler n Innlloslle of 50,00 fool In I, poinl il.ignMl d in un9inclh Sutton 17Pd08; Themx wininuiue South 41° 461 1Vct On n Ifinnnoc of 30.011 Lel; 'lhurec No>,h •IR° I4' Weel On n dinmme ur0.73 feu; 'Purace South IS" 1 P 30" Weil rnre dislame in 311.9111x110 a point Je&61,n[N a minty lint sL.1mt 21' R6 orltualoul It 'Thlnce vtml!nuing Sulu IS" I I' 30" Will Toru dittin. ni l0Al1 R i In a po!ul ms n IV 5T 12` nu—,.13111 enrvu al said puInl bcil boom In a line b.ing SWIt yl' 43' 30" built; TI¢nlo Meng xlid antve to ibe Oita (11. IonS nhnyd orsvhieh lien 9nu.h fiR".,Z' 45" Ev¢I 65112 feel) fora d inane or 65N2lint: 'recuco South 64"3'!• P:¢.I for n i ismnu or 717:; foes to Ihn enginniul; Point ora 09" 30' O6" curve fn the len; Thunu id., Wil muva (Iho in, chard .1lvhich bam South 95° 31' 30" rise 211139 F.1) F.. dlsbnnn oN 284.90 fad; _ Thi.loo North 1VP 51' lout (1-51) limn to It, Fein lios ul' IIm I= W land culiv Sutl by ,aid 'I'd d01u1 FA'.a' 25, I'M; Menu Wulf rdung ,W Lim lion 90 On int i to Ili Into Puinl of eealuniny. SK'NIRN'R NO. TWO, A Adp urland lid fed in.vidlF in the A. N. Namur it ULC No. $G and Hm Patrice. (:3 nom ULC Nu. fit in Sbtlic n 4,11m11nehip 19 Sunni, It,., 1 \l'nit'nl'in. Will .muit. hl,,Idbuy, turn tnmlicolndy described its Iidlonvs, lwvn: Henmtdn9 ul 'a Imine no Iha South lino of @n h1eAamic Hiribony, nhuh in 139','9 Poet (19.364 ehpinx) Sump or Ila Nodhncit comer or it. A. W. Ilammit 1). L. C. 24n. 3R in 'llntuAlp 17 &3dh. Ran, 2 Beit of IN, W]'nunn" Mev:di®[ IN"on hunt nlonS Iha South Into of SIRI 1-fi to ty 1311].}$ Rin Ot.I.02,, nlmulm) to n IXl`Itl ,! i0i it III,, NJI1l COS....... nt u aid n1'fnod mineynd In Wnperhams9 Tmb r colnlmty by it decd dalud 6ebma.p 25, 1946, vnd recorded in \ruimtm 317 It, pltye I'l1, UcN Reconto of Lvw C'ounly, Onn cu; 'llxnee Sonth 14 55 3 feu a;un0 dm. Pam line nfxiid lure, In Iha Into Roinl ufb"itudng 'Hunto Sou(h tdonp the Gxl line prswd Imml of lllnd tour e)md by dm cniii deed of Fd"Inny 29. 1946, 6G Neel: ",Acne- Fns?WIN In 1111, morn In 1131• 1. 9oim mvhe 0ill line of.hn Pumid 61 1). L. C. Ido. ti, nfiicb ,in, n iho on dm West IiNn of ug, rine ul o, iGSou O. L. C No, I?, unit rs lbc Saulbnnit nrnmr ni I. brmt nrlmXi in the said O. L. C. \. 17 cnmcycd ly L. lE. Page 27 of 38 EXHIBIT D-8 Millimlssmad 11fl: laW1,ethneeser Timtes Ccntua, LJ'ud &ted)tine 30,1997, and voNcd in Valmnc?5p, al Page 72, Dad ltuaomis of Lune County, Om0on; theme NueN160 feet.marc nr Ics, alang1k said Gart fins of le. Petrick Gonda D. - C. Nu, 63 to Ihn Noltlreanl urrnef ethe hate( oR d cnaveyed by Eugene btatiotml Company to Rox 'fi nbef lna, haled J,nm 3q 1938, rnW mt'oNad in Vnlnme 193,m Paul, 539, Deed Recunle al' 'Pinnae ureal almt0 the Nmdt Ilne duald nine oflmad conveyed by IIm said de vi of Jana 30, 1916, 1981.0 fu, (29-30 clmild), nmre t r lens; Tba:acc Wet al ooe the Somh line afsnld and 9S3.5 feat,amm It, 1,,, to Ile algia paint of begn,.h,p. SEGNUM'_ND '1'11FIRIE A Ion .f lend In the NieLm'll G. Main, DLC Nn. A] in Seef3.n J, Ton a.vhip 16 Su pub, Rome 2 Wast of till Wlll.mal le Mauldin.. marc Varietal. 1) deomibed on MI ... u, to-n'il: Dedimaing at In p.ma .. the Dn¢ line of said D. L. C. No. 47, uebith is 2N0.4 feel (35.46 chains) Soulil of the Nadlmast .,.I, of tial Rica+rd G. 14x9. D. L. C. Nn. 86, svhicl: is shn.led in Senlinn.i3,'Dnenship 17 Snail, Beattie 2 West of Iha Willumelle Meridian; dnmne Wein 14AD feet (?156 cltsims , naaln an I. , In a,e Woo line oF.16 U. L. G. No. 47; Ihenae Yeetb along odW Went lice 376(1 Foch flumen Lan 1499.0 fed (22, SG chaiaa), aloe at Icon, to dm [nsl lien of said p. 4 C Nn. A]; Ihevae Nnnh nlnnl:.)id Fad Sine J76.0 4ot mum or Icy Inlhclunialofbeginiing. L..\L`DP'fING'llt�l'It0�9 tont pan IOtxee!Qe;eriLed in ILut engin dc<J corded lmmary 18.1960, in 2e.1 146/IiOU, ItempGon run. fi8503, Dacd Ramtdu of Lax fnmdy.. Qrcl•/m. SEGMENT NO. MUM rl ship ^f Loll 60 fou ill A1111 in Io". Il. G.sar DLC Na. 61 in Soclio.s 3:ed •I,'I'nn+dldp IN tinml,, Range 2 Want of the Wllimnel1. Mal 141 an. Said sarin indudvs.11 of flue sold DLC lying n41dn a distance of20 fw�l 9. web side of a cu¢er lite noted nn III, gronad and char fi ed as fu:Iu,". to-n•ic Mulili1014 alit Oil" ID'West(by(he bcarino of dais mrvcy) cauniag the 5andt Gee, of *lD L. C. No. til (and w6iah in els 1 the Nolo No. edtie.6rhn Snailh D. L, C. baa. 401 in Eagh-0. Slndmt 9111 O6, a lmiat Initial, in 1967.4 till wen.fth.IVmlienm nunau'of said D. L. C. No JL; T.en eallanul Noel, OD` I p R'dl to, eattmca or292.2 feet; Iladme an a 10" curve In $n loft fnrn disnmca of 712.6 theme N,mh'71-1G'w,m far; diumnan of 192 real; Tlence un n 10' curve m the right I'., x &I I.,nn1 5 fat; Page 28 of 38 EXHIBIT D-9 'Ihmlu N., 0, 4 P IT Wag Foye dislauce in 9RO.S lent; Ilmnca ennn W eurvc to the wa for a dislmtce o[G31.0 fixt wns,;inR dtc Waa114tr of mid U. L C, No. EI al lw1iueas Slaliwt M2 16, a point n111nh u 2(131.4 feel Snit nfthn M1hmliwe i ewneroftl¢ S, fi Oaycr U. L C'. Nu 45 (avid U. L.C,Nw 45 and the NnrWwevt rli-ill d.rcnfln ag In Sermon 33,'fon'nahip 13 Snull, R,wp 2 WlA of the Wiliinnebe ideriJinn), and rvhirh i. alnn n point on ds Lost lite ofti;ul Parl attbe Ricimnl G. Nixon D. L. C. No. 47 eoa.eved by Edxdn IL Wiliionry ani mile to Wc,olmcusrr'funbn CnmpmW by a du^tl dmai hwc 30, 1913, and wromed in Vniwne. 3511, at Pare 572, Dani Retwols ol- aun Cm nt" Diem i. ErGblMf NO, FIVE A alrip of fond 100 fad in width in ilia, pmlimt of dm Job it Surilh Dl dl No. 40 Ili Saelion 3, Tuwnd,w 18 Swill, Range 1 Mail of Ila Wilhmwtlr tiurithut, rottrc}'ed by lames M. 'rnbnfmm onI Let. L.'l:dinGm, hunho 3 and wife, b said G. 11, and Gonna Cmaen, by u Jerd doled hinrdt I, 1946, rewldcal in Volwnr. 319, al Pah, I16, Deed Record, of Lime Collin" ore"'. Still strip ao:luJer n11 of the avid Incl of land lying within a distance rf 50 feel na cads aide of n rcnl n boo aldwd on the,woad and dt a raved m f Ilona, In-vei[ Awnem, Nurili re' F4' W., (by ilia le"olnps of thin c,,,"Y) .... Win, dm South line of that pndlan of Ito him Swill, 1). L. C. Nn, 49, rnovoyod by f71c obey mrid baud of Murch 1, 1946, it Ir whilst. Statim t1+21.5, and rabbit .it a 539 fed Ckst and 2443) fed Stil l of ll:a Rwtlnsst comer or Haid D. L. C. Na. 46 said romur being mnrlted by a Imeo lock, as An., nn the'hi nnar nd W Deed daldl ]9nrnll 1. 1916, ravonlnd in Vnhwc 352 of pogo 693, Decd Ilernlda of Lane Cwnrv, Dtegnn; canllnoing North 260 Sr W a for o divan of 64.11 ret; throre to n G? cane In Iba, righl Ior a ilhtume .1 4513 (eel; 'rimose Not 13° 54' Wcat for it dlsloew o1`3M.3 fuel; 'Than, ona06"ran, in the I0 for odnian'. of 3.50.3 Ind; 'I henry Nmtli 390 21' Wad for it distance of 569.S feet; 1111,1.1' wt an OR- mora w Ihn right for a dieumrr. of 4R).R feet to Engine Sudlm 93'91.6 amlim3aR bark n9aola 931 T.0 alal now. Mined: 'inane No Ili (V iia WC91 for n didnna of 91211 feel nrnsning the 14011 lineof,eid D. L. C_ 14. 0 nl L ,lbre,'a Stalmn 98+06, vviidt pmol Ia 14$7.4 RnI N'CSt tlftl,, Nei 11..11al re, le, of said D. L. C. N. 4;1. Page 29 of 38 EXHIBIT D-10 anter Nn. SIX A 5e'ip .f Innd I!!p feel in widtb in that pain of the Mot Smith DLC Nn. AN 10 Simians 3 a... 10 mnv.yW by Snlomo. ❑exit. end vilI m C. C. Wn[Inmd und,vii• by r decal doted hpol 2.1, 1445, i.n( —.61 In 1..1, 203, In Pogo, 995{+, pond Recelds of Lnne Gwdy, Um -un: Lnl d (if Scolion 10 w1J 1F t Posen Orthe ,John C. Loongy DLC No. 39 convcysa In C. N. W alhorcd and ,vile by U. hl doed of 1pd) 24, 1945, vR I. l'rmrdrfp III Sunl!, Run¢o 3 Wnef of lhn Wi[lrmran hdcr5dl:m. saw JI !bwwo: un nfmid mw1 of bond (yin¢ vNhin o OW...n•..150 fuel na arch tido neo nonttr linealalmJ on dmL and and JosmSbod v Hlown, Ir -oil: Rut to, No h02c 50'West(by tho hwri., of1hin ome(y)nnnninp_Iho Sonlh f.o III.. Pon. orthn.loh.C.Lunneyp.1,.C.No. 39..00-ned In the mid C. t olellr.ed o Irtjy: by Ltr sdd dxd nfdpol 2d,1996,.17 Cnylnem., StndO. 22,29.0, wIt[ mldnh point M402.0 1n1 W1:11 fdm Pmr!in. nFlhe trod D. L. C. NI.. 39; lboon:.11inniny Nllydl 02' Sly Weal fin l di:dmim of47.4 i4t; Tbenw nn a 10" movo to IIm I& o distance of 100.3.2 loon; Thnnm Smdb 00" 51' We:d a dislmne.17194.2 keb ]hence nn n tP ewemo th. ti0h[ n Jis:ouv-c arJ333 firs; mwn,: NnrmaT= u9'tvntt n dretw,ee.ruyn.J t er, Tt .enc. oo d r0' eonx m fn. Ino a dimrtnca of 3BL3 rens m F 10inae+'s Slminn 50.4.1 bud: 111115810.1 nimnd: 'i'Imrni: P.rth 61"dC Wcsl x Oidnnce nl'235.6 feel: 1I1011. nn n IV oln I. Inc liphl5.3 feet; Then:.❑ N9at120' 54' Ykol n Jimm+ee.fli53.51en nnA anrtin0 tbr. Hurd, line of dn�l panin. of 0w!dat Slnldf D.L.C. Dia dd', corveyadm C. C Wclhercd and Wile by the onidd Aof Abri I'.4, 1'915, n1 Engineu'o Si.lion 11013, and which polnl is 5]8.0 fen R'esl of tho Best line of toid D. L. C No. •10. Page 30 of 38 EXHIBIT D-11 SIUAIB TNO. SEWN A strip of land mw Lm:drd .ad "In) (120) find in width ialhnt Portion spili"Idm C:.l.nnaey IILC No. 39 is Snellen 10 null 11,'Iloolthip IN Si s rinlge 2 Wes4 WNL and in Lista of Senhm 11. slid Slavinlip sold eol Said drip inelsdes III orclid told orlone :�,4np "ruin is d'Iso:am of sooty (")Coed oo n¢d side is r (lie cm dol' liar desnldhd ea Ibllmas,1.-.viL HelimungM IV,ial nn do,Eo,I linen Lurid 1.m l wle4r isone loldoed ..it ell MO) f I Nosd1 of si,c S.whcnst comer.l'slid Lal a al m,incer'e Slntioa 0100; Canlinnday Noslh 45e 24' %A'm flu I do to s. of IVA J'd; Them. I. a Ole opal W the Idl fern dimencu o17234,9lin m Rnne.er4 Smdso 4+22 2 stntindnp hack cµlmit 4. 34.5 antioning ahmiII '!Lente Norih 59° 29' Well ter o disln..I. of'2m,i Peel; Thel an is 02" move In Idle Hold the a distance of 69.2 feel; Then. No, Us 54` 42' WCR tura diolnnw nf1117 fmt; I tell On no 08" curve I. 111 riOl Porn tiblo..1`6115.9 retl; Thence N., 11,02" Sdr \41,II for a dielnnse of 169.1 feel and emeningrhn Nnnh lisp of that Voodoo Mlle Juba C Laoney DLC No. 19 onuvyx:i to Daniel L Eemh and wl lh 1, mid Ill of May 20, 1913,4 Goores,•a 8"doo 22339,"" "lids room is4W does wen, of dee Curl in, oLrald DLC No 39, 91dCMUN'1ND.HIGH "f; A skip offood I011octill "Was in Ld 4 ofSedias 11. Fill, Whip 18 SdslIs, Riurw2 15'ael, WAL sold in dwt pat of thc.loon. A Woll:vu. DLC.' Nn. 40In said amti.n. Sold shin incladcs ell ofi nod mor oMod lying',Ides. a disrensc offidy 15111Isms on wet, vile of Ile cemcr lino drseribd ns filo ,arwr l: CmnOssi 9s,, Wellls line nlmid int 4 ml 112- In (im not m 8nuineer's 5'Jmion a.9a, a leiul mush i1661 () reel Gmd told IWO all N01111 Vfdw NOIIhn'SI Domer ufioid DIA. No. 'it): Thnncn.ominning en nnid 12° corm I. she ter, for s die:nee d 353.3 ll '!hetes Ses dl R7,01 Us, lot Il disfaace of 21.1 Ism: I passe 011 a06" conn to We right roe' n disinlee IM Afoul; 'I Isenec Smnh Ida A9' Lnnl for isdisln.cc of 128.1 reel; 'I'henese on a fly° muss w the sed Our a dol; to of 3.S 4cde.in9 rhe 4hv h.: or.lid Kation of DLC No. 40 c.:rveyd III Ihm said deed ded Defober 15, 1995, nl I'I'kI11e4•r Clidal 13,53, itpainhriich is 264.0 fed (4 olnhs)1Vca and d70 fed Soul 1 sidle SOollm•ual corner of Let S.!`,uld Seetiel 11. Page 31 of 38 EXHIBIT D -I2 SEG01t3N0NO. NINE A nrip or land! SO frel in width in tin-Aoms A Wallucu DLC Nn.40 in Scedmo 11,'I4rnsfar, 1N liana., 1mn(;n r_ wg,+. W.M. suid.ilii, iralode.i all of -id mlet ill' bad flow wMila a diaomno of lure• (40) Friel m, each Bide nrdmemrter line dtxribad m rallcmx, no ,v11: Crossing the Wesl Zinc of Wetpanad old DI.C9n. 40adom O4"carve to Ib,:1:,0,d 6gaima''a Ration 13151, n pain ohilh in 264.0 fxl (d uhrao) West and 390 f1=[ Saab urlh. droll msl normal.]' lad 5 of .'aid Sec0nl, I 1Irnid Sm,@menuornrirnf f.el5 bei.,. point no the Nmd, broad., line nfnaid DLC No, 40); Tlrcms aondnoing nn maid IIT mtml In the lnfl fm s d6mnne of 292:1 fit; Thaacc Snalh 56° 1D Rini Por adixlnnm of 355.9 fast rilio. a 11 a of<adva w Illn'iron ran diamnce o1916, 1 real, 1'betme Somh 01'41' land ono n di8mnen of 77.7 ftad, nno,ing lbn Snmb line iaftbrt r al or ,mid DLC am.arn J to Lac rad moss stmt by the mid deal of Angnrl 14, 193G, lecntdid ia. Vnlamc 321? al page 490 and xlu b e:nlaro dra Won), Honor lbc St 111f., iond DLC➢lo. 40, it Emgrnow'a Station 29195, a paint which is I0I.0 Rad Wast and 159,1 feel Sanl r M-32 mains) tomo ih,la,nlrmm.,In in ilk p'em laam,dmy nfDI.0 No, d0. RESERVATION(S): Giant ar In by lcaavm fm irx;L is n.. mad os-eiaus, o ratio nanewcnl, nvcr and rnon a all ofdu Prulnrly bmcinahove drsoribxl, In ba mad for rely nil all mad parpi nen, including bon lint liodmd In nap and all le iporms and r ad to 0onrmayanrnr, aintcnanriri oftbc adimenl,mann'shnn I u, Iha L -calla s Arco on Ea Mbit rt minched bomro rad made o port Ivlrof. Page 32 of 38 EXHIBIT D-13 EAlblt S I. Access Easenent Truck Road OLIN Road N Paved Gravel !I City&t -I Page 33 of 38 EXHIBIT D-14 Exhibit C to Access Easement -Legal Description TRACT I: Commencing at a Lane County Brass cap monument marking the Northeast comer of the John Smith Donation Land Claim No. 48 in Township 18 South, Range 2 West of the Willamette Meridian; thence along the east line of said Donation Land Claim No. 48, Sou0n 0' 02'02" East a distance of 396.60 feet to a point on the north line of the West % of the Southeast '/o of Section 3, Township 18 South, Range 2 West of the Willamette Meridian; thence along said north line, North 89°22'50" West a distance of 42.24 feet to a point on the North- South centerline of said Section 3; thence along the Nottih-South centerline of Section 3, South 0"36'50" West a distance of 114.39 feet to the TRUE POINT of BEGINNING; thence continuing along the North-South centerline of Section 3, South 0"36'50" West a distance of 1951.76 feet; thence leaving the North-South centerline of said Section 3, North 89°56'05" West a distance of 436.67 feet to a point on the easterly boundary of the Weyerhaeuser Truck Road; thence along the easterly boundary of the Weyerhaeuser Truck Road, North 24",50'30" West a distance of 87.92 feet; thence continuing along the easterly boundary or the Weyerhaeuser Truck Road and along the arc of a 2814.79 foot radius curve right (chord bears North 20019'00" West 444.14 feet) an arc distance of 444.60 feet; thence continuing along the easterly boundary of the Weyerhaeuser Truck Road. North 15"47'30" West a distance of 33530 feet; thence continuing along the easterly boundary of the Weyerhaeuser Truck Road and along the arc of a 1004.93 foot radius curve left (chord bears North 26"32'26" West 374.85 feet) an an distance of 377.06 feet; thence continuing along the easterly boundary of the Weyerhaeuser Track Road, North 37'17'22" West a distance of 153.43 feet; thence leaving the easterly boundary of the Weyerhaeuser Truck Road, North 56'00'00" East a distance of 1206.73 feet to the TRUE POINT of BEGINNING, all in Lane County, Oregon. TRACT2: In Township 18 South, Range 2 West, Willamette Meridian: Section 3: All of Lots 6 and 7, in Lane County, Oregon. Page 34 of 38 EXHIBIT E FORM TRANSMISSION EASEMENT AFTER RECORDING, RETURN 1'0 Bonneville Power Administration TERS-3 P.O. BOX 3621 PORTLAND, OR 972118-3621 Legal description: A portion of the of Section Township , Range .M., County, as described in Exhibits) . (Affects Tax Account No. .) BPA Tract No(s): U.S. DEPARTMENT OF ENERGY-RONNEVILLE POWER ADMINISTRATION EXCLUSIVE EASEMENT Transmission Line and Danger Trees TI IIS AGREEMENT, made between the Grantor, whether one or more, and die UNITED STATES OF AMERICA, Department of Energy, Bonneville Power Administration (Grantee), pursuant to the Bonneville Project Act, of August 20, 1937, as amended, 16 U.S.C. §§ 832 et seq.; the Federal Columbia River Transmission System Act of October 18, 1974, as amended, 16 U.S.C. §§ 838 at seq; the Department of Energy Orgam=ioa Act, of August d, 1977, as amended, 42 U.S.C. § 7152; and the Pacific Northwest Elcome Power Planning and Conservation Act, of December 5, 1980, as .ended 16 U.S.C. §§ 839 et seq, WITNESSETH: That the parties home covenant and agree as follows: The Grantor, for and in consideration of the sum of DOLLARS (S ) and the provisions contained in this agreement, hereby grants and conveys to the United Stales of America a perpetual easement and tight-oG way for electric power transmission purposes in, upon, over and under the following described land (Easement Amo), to -wit As described in Exhibil(s) , attached hereto and by this reference made a part hereof. The grant shell include the right to enter and to locate, construct, operate, maintain, repair, reconstruct upgrade, remove and patrol one or more lines of poles or structures and appurtenances thereto, supporting conductors of one or more electric circuits of any voltage (collectively "Fransmission Facilities") and any communication lines or equipment and appurtenances thereto (collectively Page 35 of 38 EXHIBIT G-2 "Communication Facilities"), together with [he present and future right to clear the Easement Area and in keep it clear of all trees, shrubs, brash and other vegetation (collectively "Vcgelnlion"), structures, above and below ground improvements or infrastructures, and fire and electrical hazards. All Vegetation, structures, and Fre and electrical hazards presently within the Easement Area shall hecome the property of the United States on the date of acceptance hereof and may be disposed of by die United States in any manner it deems suitable. The Grantor also hereby grants and conveys to the United States the present and future right to top, lith, or fell, and to remove, sell, bum, or otherwise dispose of "Danger Trees" located on Grantor's land adjacent to said Easement Area. A Danger Tree is any mowing or dead tree, or snag, whether stable or unstable, which the United States in any time determines (1) could within a five-year period fall, bend or wing (a) within 25 feet of the Transmission Facilities or Communication Facilities or (b) within electrical arcing distance of said Facilities; or (2) could interfere with the construction, operation and maintenance of said lines and equipment - The Grantor covenants to and with the United States and its assigns that the title to (1) Vegetation cut or hereinafter growing within said Easement Area and (2) to all Danger Trees identified, now or in the future, or cut from Grantor's land adjacent to said Easement Area is and shall be vested in the United States and its assigns; and that the consideration paid for conveying said easement and rights herein described is accepted as full compensation for all damages incidental to the exercise of any said rights. At the United States' election title no Danger Trees may revert to the Grantor. The Grantor also agrees [hat prior to undertaking any activity (including, but not limited to, building a structure, placing any manmade item, planting, digging, earth -moving, burning, piling or storing materials) within the Easement Area, the Grantor agrees to contact the Grantee to seek a determination from Grantee as to whether die proposed activity is safe and compatible with Grantee's use, unit does not interfere with Granue's current or future needs. T he Grantor will not proceed with any proposed activity within the Easement Ana ,Intent written consent from Grantee. In addition to tie consideration paid hereunder, the United States shall repair or make compensation only for damage caused by the United Slates [hal is not incidental to the exercise of any of the above said rights and which results tram and during construction, reconstruction, removal, or maintenance activities associated with the purposes of this agreement on and adjacent to the Easement Area. Payment for such damage shall be made on the basis of a damage estimate approved by the United Slates. The rights granted herein are subject to casements of record and mineral rights of third parties. The Grantor agrees to satisfy Cfrecord such encumbrances, including [axes and assessments, as may be required by the United States and to obtain such curative documents as may be requested by [lie United States. The United States shall pay all costs incidental to the preparation and recordation of this instrument and for the procurement of any tide report and title insurance that it may require. The Grantor covenants to and with the United States that the Goitrous is lawfully seized and possessed of the load aforesaid, with a good and lawful right and power to sell and convey The same; that the lead is free and clear of encumbrances, except as herein provided; and that the Grantor will forever warrant and defend the title to the rights Sorted herein and the quiet possession thereof against the lawful claims and demands of all persons whomsoever. Page 36 of 38 EXHIBIT E-3 The provisions hereof shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors, and assigns of the Grantor and upon the assigns of the United States. Accepled for the UNITED STATES OF AMERICA Lm Grantor. Date: Date: Accepted far the UNITED STATES OF AMERICA By By: Title: Title: Date: By. Data Title: Date: Page 37 of 38 Exhibit F Title Warranty Exceptions 1. Easement, including the terns and provisions thereof, granted Mountain States Power Company, by instrument recorded March 18, 1947, in Book 343, Page 615, Lane County Oregon Deeds and Records. 2. Utility Easement, including the terms and provisions thereof, granted the City of Springfield, a municipal corporation, acting by and through its Springfield Utility Board, by instrument recorded March 3, 1981, Reception No. 8109406, Lane County Oficial Records. 3. Utility Easement, including the terms and provisions thereof, granted the City of Springfield, a municipal corporation, acting by and through its Springfield Utility Board, by instrument recorded March 3, 1981, Reception No. 8109407, Lane County Official Records. 4. Utility Easement, including the terns mid provisions thereof, granted the City of Springfield, a municipal corporation, acting by and through its Springfield Utility Board, by instrument recorded March 3, 1981, Reception No. 8109408, Lane County Official Records. 5. Utility Easement, including the terms and provisions thereof, granted the City of Springfield, a municipal corporation, acting by and through its Springfield Utility Board, by instrument recorded March 3, 1981, Reception No. 8109409, Lane County Official Records. 6. Right of Way Easement (Overhead Transmission Line), including the terms and provisions thereof, granted the City of Springfield, a municipal corporation, acting by and [Trough its Springfield Utility Board, by instrument recorded August 18, 1997, Reception No. 9755685, Lane County Official Records. 7. Declaration of Property Line Adjustment, including the terms and provisions thereof, recorded July 5, 2013, Reception No. 2013-036802, Lane County Deed and Records. 8. Easement, including the terms and provisions thereof, granted to Weyerhaeuser NR Company, a Washington corporation, recorded July 5, 2013, Reception No. 2013- 036803, Lane County Deeds and Records. 9. Conservation Easement, including the terms and provisions thereof, granted Weyerhaeuser NR Company, a Washington corporation, by instrument recorded August 22, 2013, Lane County Deeds and Records. - 10. Reservation of Mineral Rights, including the terms and provisions thereof, granted Weyerhaeuser NR Company, a Washington corporation, by instrument recorded August 22, 2013, Lane County Deeds and Records. Page 38 of 38 AFR:R RECORDING HENRN nk CASCADEntLEDDMMW E31 WI WMET(E 5L, EUGENE, OR 97401 \_J "1113- 35 After Recording Return To: Bonneville Power Administration Real Property Services, TERR RE: WILWF-WL-16 P.O. BOX 3621 PORTLAND, OR 97208-3621 With a copy to: Lane County Clark Dwight G. Purdy Lana County Deeds and Records 2011-052M Purdy or a 011 norHarlow Roald, Ste. 300 �I I��III �II III �II IIIL I JIJII $132,00 Springfield, OR 97477 01397973201300524730150157 09/30/2013 10;56;51 AM Mail Ali Tax Statements To: RPR-ESMT Cnt=1 Stn=41 CASHIER 02 No change. $75.00 $20.00 $10.00 $11.00 $16.00 Access Easement Agreement THIS ACCESS EASEMENT AGREEMENT is dated as of this0� i' i19y of 2013, between and among W ILLAMALANE PARK AND RECEATION DISTRO, a political subdivision of the State of Oregon ("Grantor") and the UNITED STATES OF AMERICA, ("United States"), acting by and through the Department of Energy, Bonneville Power Administration ("BPA" or "Grantee"), headquartered in Portland, Oregon, at P.O. Box 3621. Portland, OR 97208-3621. Grantor, for and in consideration of the faithful observance of and strict compliance with the terms and conditions hereof and the funding provided by BPA to partially reimburse for the acquisition of properly, hereby conveys and warrants to the United States of America and its assigns a perpetual, nonexclusive access easement, upon, over and along a right of way being of variable feet in width over and across a section of the real property, which is commonly referred to as Truck Road, situated in Lane County, Oregon, described on Exhibit A and depicted on Exhibit B, attached hereto and by this reference made a part hereaf, from the intersection at Bob Straub Parkway south to the southern boundary of the Protected Property, described in Exhibit C, attached hereto and by this reference made a part hereof. H. It is mutually agreed by the parties hereto the rights hereinabove granted are subject to the following terms and conditions: Page 1 of 14 I. Ouantifving Words and Terms - For the purposes of this easement, the words and terms "center line," "portion," "right of way," "road," "road facility," "road segment," "road structure." and "roadway" shall refer to the plural as well as the singular. 2, Purpose - The rights herein granted are for the sole purpose of ingress, and egress, for the purpose of monitoring compliance with the terms of the Conservation Easement on the Protected Property, as described in F,xhibit C. 3. Road Crossing - Grantor reserves the right to use, cross and recross, patrol, and repair said road for any and all purposes, in any manner that will not unreasonably interfere with the rights granted to Grantee hereunder. 4. Maintenance - When either party is the sole user of said road, or any portion thereof, such party shall maintain that portion of said road so used at its sole expense. However, during periods of time when other parties are using the same portion of said road, maintenance shall be in proportion to each party's use. Grantee and grantee's assigns shall repair any injury or damage to the roadway caused by the exercise of any rights herein granted. Any repair shall return the road to the same, or a better, condition than which it was found. For the purpose of this casement, maintenance is defined as the work normally necessary to preserve and keep the roadway, road structure and road facility as nearly as possible in their present condition or as hereafter improved. 5. Assumption of Risk - Grantor makes no representations as to the present or future condition of its property or the nature or condition of, or traffic on, any roads or trails, and Grantee assumes all risks of personal injury or property damage to Grantor, Grantee and third parties, and to employees, representatives, invitees or contractors of any of them in connection with the exercise of rights hereunder. "Grantee," as referred to herein, includes employees, agents, contractors, subcontractors and invitees of Grantee. 6. Indemnification — Grantee will, but only to the extent allowed under the Federal Tort Claims Act, assume all risk of, and indemnify and hold harmless, and at its expense defend Grantor from and against any claims, loss, cost, legal actions, liability or expense on account of personal injury to or death of any persons whomsoever, including but not limited to employees of Grantor or damage to or destruction of property to whomsoever belonging, including but not limited to property of Grantor, resulting partly or wholly, directly or indirectly from Grantee's exercise of the rights herein granted, excepting only such claims, cost, damage, injury or expense which may be caused by the sole negligence of Grantor. Page 2 of 14 ACKNOWLEDGMENT State of Oregon ) ) ss. County of Multnomah) 1 On this ,`day of ,b 3 efore Inc. the undersigned Notary Public in and for the state of Oregon, personally appeared A.Ellen Camp, Supervisory Realty Specialist of Bormeville Power Administration and acknowledged to me that she executed this instrument as her free and voluntary acts and deeds for the purposes herein mentioned, and on oath stated that she was authorized to so execute this instrument. MA L�EgOiREGONMYCOMMpp ppl4 State of Oregon ) ) ss. County of Lane ) WAbLZ M,44aZtA�-- Notary Public - State of Oregon ACKNOWLEDGMENT 'FA On this a`7 day of s, 2013, before me, the undersigned Notary in and for the state of Oregon, personally appeared AnnaAalleHr 2tevdt=�ir,fRobert W. Keelfg),A4gcretary, of Willamalane Park a&rl R9,Fination District and aetknowledge dto me that FFser executed this instrument as 41r i"� ee and voluntary acts and deeds or the purposes herein mentioned, and on oath stated thattkey-were authorized to so execute this instrument, a edu5 of ^ 'A_ s� OFFICIAL SEAL LISA ANN HAILS Notary Public -State of Ore NOTARY PIIBLIGOREGON ry Oregon-) COMMI5SIGN NEE 443785 MY COMMISSION IX%RES DECEMBER 7, 2013 Y Page 4 of 14 7. Liabilitv for Loss or Damage - Grantee shall be liable to Grantor for, and hereby covenants to pay for, all lass or damage to die property of Grantor caused by or resulting from Grantee's exercise of rights hereunder. S. Successors and Assigns - The rights and obligations herein shall inure to the benefit of and be binding upon the respective heirs, devisees, successors and assigns of the parties hereto. 9. Prior Rights - This grant and all rights hereunder are subject to all liens, easements, servitudes, rights of way, oil, gas, and mineral leases, and all other grants or reservations either of record or on the ground affecting this property. 10. Compliance with Laws and Regulations: Grantee shall comply with all applicable Federal, State and local laws, regulations and ordinances, including but not limited to those governing the construction, reconstruction, use and maintenance of roads. This Agreement shall be subject to the law of the State of Oregon. IN WITNESS WHEREOF, the parties have hereunto set their hand the day and the year first above written. Willamalane Park and Recreation District, a political subdivision of the State of Oregon By: Anne Ballew, President Acceptance by the United States 0I%hS-e ra-2 A.Ellen Camp 9 Supervisory Realty Specialist By: Robert W. Keefer, Sc F emrry 9-a1(401-3 Date Page 3 of 14 ACKNOWLEDGMENT State of OREGON ) ) ss. County of Lane ) On this(910- ay of �P� , 20132 before me, the undersigned Notary Public in and for the state of Oregon, personally appeared Anne Bellew, President of Willantalane Park and Recreation District. and aeknawledged to me that she executed this instrument as her free and volrmtary act and deed for the purposes herein mentioned, and on oath stated that she was authorized to so execute this instrument. DP"QIAL B@AL TARq ASHLEY HOLDEN NOTARY RUaUC-0REGON MY COMMISSION SIRES AUGUST 120 2014 Notary Public — State of Oregon Page 4A of 14 Exhibit A to Access Easement '1'1116_ Maui 1N I.ANN COIINIfY, OIICOON A skip of ymcl ofimld in ino A. t0. NANMIT DLC No. SB In Soellml ]S, Township 19 Suo[h, Jlsope 2 D4d sntl in Slainn 5,'r... 11118 Soe111 It 1, 2 Reel 111 R'illamutlu Iger{611111, tleSttiM.d na fnlloren: Deginningat v pu I., on III. NI lineeffhc M,.1wum, Iliginvup .,slid, m 129214 fel (Ir) 5M4 chain)Smith of IIm N., HI,1'c11 emncreflhn h W. Hnmmit D. 1, C. No..3%111 'Ib.enuhlp I)1111119, Ilnngo 2 Wral of1ho Witi.,no a Mondl.,.Mli6 paial is lnnrkd h: a wa,.m uronm.n.I d iermRd og N^yediemu'ar l"Imhlx Cuugenny Mnlnunn l Nu, i i; lhol w Enst I11nng the Somh lino of mid hlgh,my Fur n dWaoce of 20,9 Rd In the inia pninl of heSinlilnY ni'lh—ldp hmulo dcsv:hnd: lLlmnl a,nlinoblq [est An., mid Snurh Jilin, 150 Inn, m a 1x I'd mnaad IIy :In. ir'a11 Pip.. which point is' INC Nanhuest corner of We =ok of Tend cmvcyal hp Wu}mchmoevr Trmher Compmry to In., Tv, .... inn Inc, by a tPmnuny Deed dated Jwe 11, 1916; limon "Ion, III. Plc) hoentlurn o1IM. Jon. Ewegsm." fru., T.= and Ihn nv wd, h11vndury of v Iron o1' land enm c)cA 19 kn. Bumpriseu hm., by v 1Rmanly Dvd dwnd April G. 1952, @c funoMng com=e fit ipe; (2) D".. Wee150..0 ieel m Il 'W merled by nn Ron ,I,; (3) Synth ll°49'\R.xt 710,15f G (4) On nn 1111-36 curve le the leh Ou oueh 11 emit ul mmle of 49' 0? nn all, nommen of 5]u.3 1.nt; (5) South 49° 14` Eno, 199A Net In :ha hlordnvum comer of a Pawl of land des ,IW1 Ill I'LLlec•1 I in n t4meanty deed dnlI f61I'll, 14, 1955, eo !)n MWI-Kclly lalmhcr mpun)•; Ihoan along rhe nnnlnv MIIIJY line of m!d joins mvuttl county rood, South 41" 46' Woc! 30.00 fel m v point d.lOnl:lcd.. Hll,inccr's Seli11v 173493; Thcnr:c comflmhrg nimtg =aid uurII,,,Mufy lid Ssmh 41° Of Wn t 30 rw; 'Theon, Nntlh d8' 'V Ileac 0.73 I'll; 'Illcnc. Nord, 16° 11' 30' Pmsl 0.19 :col m n p.W nn (111 North Iim n ' 1hn Pvrcn1 of iuuA 1n,n bol na Paicd 2 in enid Warl:Irdy end dnled pchnn,p 14, !955; Theme nlnvF the Nnnh lino o'r id P.'M In u poi 11 which in I00 lbul svnlln vmlrly n[ xtlleo nmas11wd.1131111 mlpl le to the o. t.J, Ihtn nf(hie IMIA! 111111..1 nIcHl said cc m 1, Imnn 1,,, w; fol Ions'. Page 5 of 14 (I) Naar 40° 14- Wu; pitd In laid Fext file, raid along the tinned, In do, tine W :Ad Weperin,eosur Ruul Fault C.,, vacs In not pain erbegin,dn, of o carve m me right, (said point being 5"11141" by Rrmt 50 reel rmro n point 1fuA45° LY }Vest 474A leer titin, a 11.1111 idmndi.1 n Fnehomet Stofiou 175+68; (2) on Ibc arc of a cunt a aro �dght ratdl o rvdilu ufi6K �il lied 91raugb n ucntrel anglx el 03' 1. dkiince f655b. fee4 (31 Nm1i10' 49' 84x11101, flat an"" c;:n, In do, ram Ileb, of begimdnp I'OWNSDII' HO5O131-1,Ri :y[;Y_.. Vly,}T(1Zi11ElYD tAAIETTE AtIIf1111AN The fulhramy; deufibud one (9) agromn of We)erhucm:cr Reel fame De,d. acol Celappal^s I*ivnt0 vwk rand Incowl in Government Lot S of sw oo 10 nod Guceronn+nl Ln13 and Gmnnnnnnt lu14 of5ccfinn Il ofTatnotidp 15 Se nh, Mage± Wast. JV,11, mid in itn A. W. Dammll DLC No. M6 a,N in fl,n 1'nlrluh Gontnn DLC Nn. 621.,d in Its ItieWrc,l C, IIfxon DLC Nu. 47 and in the S- 11. Go,. Ills No. 61 nM to tbe,lalm Se.lb 111.E No. 411 all in inti aann a In„any DLc Ni.39 pml m do Ill.. n. WAllnea MLC Nn.40,11011, it nnbl 'roo,"Anp and ]large: SG6)gp—NT NoONE: 11111 Ivd11111 at dn, A. \9', I4nmmil DLC No. Xf dn:mli ott ns Itmov+9 0egirnlns in n point on tin, Save line or @u Mcl(ab;lc 1-1Ig11w:q olddt i, 129MI f4 09.584 dams) Sooth of fin, Hanhnca ... of the A. W. 14..It D. L C. Plo. 3S in '1'o.0mp 17 SmWr, Rtood 2 Won of 11111 WilleneR4 Afe"Ifinn, s,bid, poial is 11nn'I,od by n aorerae Inonnmcul dedgnnmrl olt Wa)clhoeaner'I'Iabnr Cnmpnny b5enornum No. i; 'I tmoce rpt plans the 5rnlh lime of anid ninknoll far a dime.- of 131193” fed (21.02 chatns) to a ptdnl .ehic11 Is Oc Nnrthunsl wane of a loud of fund mnvayed by W. IL ltobcrsml and IIA 1a Ae4 N01:1, 1.111by n 01.:11 dmvl FeNnmy :A, 1946, recrndad in Vohlae 317, c9 peyc 171, Dced Ruc rain of tare Ceenly, organ, and svhieb point a looked by o onnea n, Iloame Sonia Woatadas SPoyccl,eaoamlimtor r baital,eial by No.1int Thence Sumh atony We Ifni lino ul the Iwct o(Imd eon.vyd 63, sold uad 01111. Febn,uD 25, 1946. for n di_nntcp uM353 let to au no,, pi, rvllicb is Ilru true pub, of loWinniog nntl ,u},ich mar45 If, Son[bmn come: it,, n nem or land mio,.,.d by Rex Tiaber, Inc., O lobos lin,emrirw. lac., ey adnnd daed.4pr1l 8, 1952: Tiucnac Sona f-,' 54' lVL.11'o, btllsiance oM5 fm to,be f ilmibg Iwl a of a IT 57 9' cave 1. floe ap1n; Page 6 of 14 Ihcecc .!nag slid cur,' (the lOngchonl onvhidr lama moron 79' 1(N N'"1391.2'3 &n) for a divitaro of 4110.301'cct; 3'hntro Nanll48" IT'Voat fora distoo. of 121169 fads I hcndd eomh 111' •tb' Wait ren4 dbtl , - or Alio ilial to n paint d"i''notai os Enyindnh Smtion 178+96; Thune can9nninN Sbmhdl° 46' \Vent fhr n drynnco of iii O6 Lal; 'fhmme N.Oh 4N" I v WC91 fm' ndinmaca or9.73 r.; 'melena, shulll lo" 11' 311" WrDi far a enslnue or vut 5 l to it parol dcsigomcJ as cenlcr line illation 2186 MTnnnnl hood; 'rthi me wntilming South 1N" I I' 211" N'vsl fm' n diaiwlr9 Of IO -00 fud IUD point.o a 19° i IP Come, nnid all ve a1 slid point bring langcnI In a line benrbig South 71' 16' 39° Easg Thvlec along :aid eluve m Ilia right (Wil long chord of wltich MUD Swan C.S. 23' 15" Ena 65.021trcp fora dlmmrse oF65,02 Toth; 'flona+ Soad11,4° 57' Ixit for a dm(Du. at 7IT1 lana to Ihn Ii,imdn9 poim Ma 97" 39' 06" cow to 1111, IdR Tlmnm along i nid Dian. into In" chaN of nick, baers amok 78' 31' all" Gs 29339 fit fora dirlando o/'MAO Ibdl; Than. Noah Si" 5a' Eav 43,51) 1'1m to Ihn Eae1 Ihm of LOU tau of land col 11,W by s id deed load ^obrmn29, 1536; thence Will along laid Eel line 90 On leal ,, thn W. (mint of bcgbming. SKG'XIldN'f NO, TWO: A stip of land tib fed! in nddlh in din A. 11', float 1160 No. 36 nail the 14trrch 6ardnn DLC No. 62 in Fedfion 4, Sm1.1011 IN St. it, 14 ane 2 Wmf nttbc wihametto arrogant ll m.pnrlimlld mfy .mribad a' fallmw,ronnic �4aginNng nt a Imial on ilia Sloth lint of the bnRrnnic Nigh"U" "hid, S 12 RA4 no (19.584 ehnlnsl 5o11th of no, Moalneeu carnal of the A. NY. Ilinlmie D. 1.. C. No 31) in 'I'omrallip 17 Ern4L. Rotor, ^ 14m1 of ilia Whin,ba Mangan; fl—ce Ease along do SOelh lin' ,Plaid Ilbut I2 foo 32 fwr (21,92 dla ins) m a pmol a•llich ii Ile NOldlenm comer cr. trent olland co-nvcped to Wd,3m ban-Slh'rlmbnl' mn111mdy f'3.4 dird dalial Mon, 211. 1946, :end rawnlel In Vulanl' 3 P at pa8c 1'71, Deed ]9cdwds of bvw_ CO.,.,,, Or Xmr, @etre SmAh'_15.15 "dc1a;ag:he Cam Ill. nl'.aid uacl In ihe mmpoint Of begimdog. 'I hence South along rM_ Fm1 lite ofsnid anal of land .nnv.2.d It, tom said deed of Fcbmm3 21., 1946,6011eas 'mance East 21i6R9 I am. nm[e OI' lai7, too I pial ho Ill' Eazt no, or the 1'011ick Walton D. L. C. No. U-7, nfiicb onto is oho On dm Wet line 1)F 111c Richare G. Iliaon R L. C. Nc, A7, and is ihe Soollnvual a'i'ls of n tact of land in dtnshill D. L. C. No, 47 a nvsydJ 1111 R. Page 7 of 14 WIIEmn3:wd'life to W11.1laaoser TJmM C:mlVany by, dcJ Jatrai Jmm?0.194'7,Imd oroolcd in V01nm1 350, m Parc 572, Dem) Itleteds 0' Lorre C000ty, OrtrOu; ]'Lente North fill feel, mnrc nr(nss, IJonn the. said Ensl lith oftbe P:Ric4 a do. D. I,. C N0. G21. @4 Mohler1 worm orIW toot efLuid cn,veycd by Eocene Nntimo) AO., ane m Ree Timber In, dabJ 3"ne 10,1''/.'+N, ant, nwrded io VOWme 193, at Pago 39, 00ed Reeunla of lane G:,mIY. 0mrmr, 'I'Lencc woo nin.r Ore No It Im. nfnaid Uma Oflnnd c0nrurvW by ale Ieid dold afllom 30, 1938, 1681.0 Ret (4fi.M chains). nor. 0,!.; 'fholce Ole' nlno0 Nu Snndl Ilse ofsatd Itnd 91x.5 fm. more of I— to it, II'u, "mo of bcpi.0" SCGdTISN'I' NO.'1.11RIM A Imct of land to dm 11X1141'11 G. 116nn LLC NO, =I7 in Sedho 4, Tmcachlp 18 Smnb, Montle ±Meq. of ❑m Wlllameac Meddhm, mnrc pnitienlmly J.aalud as [ llmrs, w -ail: ❑.Nioniop ul n pain on Ile [;ort Ilan Uf will D. L. C. No. 47, nilieh i; 2140.4 lee{ (35.46 chalps) St IT the Nedhedst .amu, NIlle Rlnlmrd 0. INN.. D. L. C. No. S6. wbich h siloaled in Sermon 33, 1'oaroslrip 19 Sou04 None'Woo of Nie PN1Njaoclle 2.] I"'; dunce NEI 1419.0 feel(Mn (. 111411), morn nrIo;,mfl, Win, lino of snid D. L. C. N0.47;..hencu 50-1h men,• o -d No4 Ii,.v 376.1. fent; Ill... Feel 1469.0 Ibnl ('-56 dmirta},,oma or I,, , to IIn Coss hoe afraid D. L C. 14., 47; lhcnce Ncnh s1c10 said Elot lin 316E (q n:wn of I—, In th. lehl, ofheyinnin0. IMUPTNf•._11IMPTRIVO ILo pan U..r<Iwedi ll m Omr amnio deed rtenrded JannmY IN.19611•ill Red 146'600, Ruccoon No. milm. 0mi R mW1nfUrteCnnnly,OmGan- SRGNIENT NO. MIR A ship 9f Innd 60421 ill ".4th in the 5, G. G.,I, ULC NI, 61 to NMI e5. 3 and4,'1'aanaldp 19 *.th, RiOn,2 W.ut of llu V\'IDmO,,,. bd0ddlon. Said lhip hIdUllen WI of 11, Wfl ULC Ip, xd0dn odislence of 10 IoM, o.meh 11110 ofa moor ao.. oo".d On Ilse lvmacl ood .AeedLcd os fulXm�. 1-6t: R.mniur 14mth OP' !0' R'cs1;bY m=M_mings0(hlis �rvey) ao>sFng dm tiamh Ihu=.nfsliJ P. L. C. No. til (4nd mlucII is nI,, IIIc Nerlb li,m of Ill, Ldm Sn1nL D. L. C. NO. 4) at Itaghmv Smtiml9N-106, a Vuioi .dneh iv F4fi1A fu=el Wc.4 of Rx NonLagi otonlurefslYJ D. 4 C. No. III; Thome eemnliin, NomWID"10'\vest NO td (aam of20?2 fe.r; llooce un a R^ cunt m lflc Ir6 fora dlsluee ol'71.1.6 Roll: Th.,... Norah. 71. 26• Plevt For, t isooa. of IM feel; TLe1mc un n l0'rnrvc t0lbcriyhs for a dirinoru Ipf3h7 S IeuG Page 8 of 14 'I Inalre Nunh 91' li' n'eul for n diutnocn uf9i fen; Income nn nit OS" arrvato an lea for a di£mnce of Iii fuW urnL:ung the Wast line of no ll1). L. C Nu. 61 at Cnl;iner'n Statim 124116, o point whish is 26344 Rd Som, of the Nbrlhweat came; train S.D. Ount D. L C. No. 45 (.aid 1). L. C. No. 45 and IIIc Nahanni seiner thrrcofbrme in Sation 33, Torun ip 17 Suuai kris', 2 West cribs: Yflllamnlc hderidlIall and tsll hegho o Point no the Vas lion tffl nt purl nfthe Midi G. bison D. L. C Nd. Al cmtrnyed by iits fC Wildon. And.vifr to 1Veycrimem,cr Timbnr Central by. deed dntn] JPne 34 121], and ¢eordcd in Volmne 9511, 1:t Page 92, Dead Reemd'> ofl,v,Iur crani omdnn. SA:CMLNP NO. Ip VP: A strip df [und 100 feet in vidli in the Portion At tire Snlnt Stn Sir 01.17, 1415 it. [ae.li4n 3, Toon iP IS Soon, 1longc 2 Well of the Willarmuen AtfieWb n,wn-, d by Jame At. 'Ddiareno nl J Leon L. Tuan crm, bo leard and wi c, fn raid G. I{, And gland (mann, Into decd dated March I, 1996, rrnaAh,d iu vdhmtt 319, At Pape 416, Deed Reemdv er Lure Const" (rag n. &M nfrip insrha a nI[ or an said In:a of lard lying wilhio n dishmco iii fed on each side of o earlier line vlesi m: the ground and dosedbcd ns fnllmrs• Io -.rill AooAn, Nord, R6" 54• W., I, Iha hanfn,s of AIA a;ILr19 11d1.1a, the Smlh line of fire pnrAon of flet Jaim Snrid, D. t.. C:. Nd.4,, rmoepad by the nhooe enid dell ePhdmcb 1, 1946, At IinpJncet'S SNflun 71+31$ and wMdi poi is 519 I'mt Vlcxf tired 24,13-1 final Send, of fin.• NoMtant corner of send D. L. C. No. 98, Laid toner Loin, nnd,ed by As lone,, owl:, n, shown Lin the Plnl minded to Deed d'.drd Mach 1.1946. reeo,ded fir: V91umn 152 ne Poae 693, decd Rowtds of Lane i aunty, (recon; eanlimtIDe both '(-- �4' wcs for n di:ance d64.7Iam; see....... OIL rare. m we right for n d;,I„err „I 4525 f1n; 'team berth IT, 51' Wei for n Nsmnmd-335.3 get Thonco do u 116° anll••d to tbo left he n dictaon. AC 35,,3 beef; '1'I:ente Nar11119” 21' Wi for a dhIsh i56).5 fed; -Thenen rn All OS" carve In the right for a disnnce At 1189.5 Net m lEr idwl'L 31nttan 93+91.0 shninain, back Inner 93179.0amtionin4 ahtud: 'thence Nunh [III" It' Wesi fibra disnnce 91'4270 stet casing ILe Nonh line ILI and M L. C. Ni 4, at Lnyhsn's Station In ral wddcb pi is 14 SIM It Wali of All Nc'@call aunml' df rid D. 1- 11140. Page 9 of 14 MIr rNT NO. BaS A will of land 11111 fed in width b ILuI pdiee of lu Men Smith DLC No. 4H m Sealbee 3 mrd I(lmnvcycd by bnleman Ratim DOd nIN Ie C. R. Wcl,va u, wife by a decd rhiml Al,rll 21. 1945, nrd --ded in boat: 268, 'It PeBvv 495.6, Deed Rc9erds of Lam C ... ty, Ongmr; Lot 6 Of Srelnn IO end that "Ifan ofd- Je11- C. I.alney DLC Na. 39 smavnyd m C E Welhvred mud wife by Ild loll d d of Alit 24, 1945, .111. TnonsM1lP Ill Smdl; Rnn, 2 Welt 111 the 41411mne11a &ieridinm Said strip mehWus Ni of acid Ilet of I1nd lying milbin n diolsnne of 60 feet un a h side Of;, cenrcf Il1e salved Da r —auand unit desc;4lxd. rOIb+rr, bm j,: Ibuednp Nanlr 02' 50' WGp (by 0m beth", of lhlncereey) vr07,tln6 d;D.......ine O!'Iha PILWII of db, Jahn C. Looney ❑, L. C, Na. 39 eunvnyed m thasnid C. C. Nedsere l mnl n'ilo by the said deed a All it 24, 19+15, at finehmers SIM11122129.0. Ord Much p,btl is f= 1'ae1 N'u1 A. Cell H. Of III said D. L. C. NO. 39; 'Ihrnuc leOV11viay NO11h 02' 511' lVae 1110 dialanee ef45.4 fvcp 'ihenae na D 10° v+nvam Ill. len O dilw" er 1083.2 feet; Thee SOOIb 68" 5l' Nest. dish.. nflll 2 tar, 11Ic-101o12° amvv m the riPJd a din" 0Of )33.31be1; '1'Aur«14ur11, 11� 09' Well a diel-- nf670.7 @eq 'ILmx' un v 10° cone m the 100 a dietvace O1`3eta A'I (n Engineah 8rnion 511403 !bill: .nn.ISS, 42.1 A -d. Thvne'a NOMI 01° 26' :5'em 4Ilblmmo I.MS 6 fom Illittle, an a I0°-- to Ihu'i'm a Ibluuw Df3.15.3 fete 4nvnre North 20" 54' Well a eieleace 01`663.5 feel and eltllml4 the North 1410 of ihu1 p,ab., Oft 2.1,1945. 5'5.4!6 re L.C:.Nn,illi:n 710 ZedVVcllieed. 578. lby tha.said decd Df pril2l, 1945.11 CnOirmer's SmliSn 141`215, 5nd rvhir:b point is 5]8.11 feet 9!en of the RII I line afsuid D. L C. Nn 48. Page 10 of 14 SE—MIJSN'f NO. SR\TN A Fang of Innd mm han lledand heally (110) feel in oidth Man, Fonio. of IIIA &An C. lmnnay RLC Na.39 io 9ceiuns 10 alit] 11, Toanchip ]tl Smith, Rna¢e 219.51, W.M., and in bat'l of Secfi:n, 11, add ic'nold" and nnvge, Said sit ip ineW,ks oll of favid hotel of Innd lying "Rhin It d'umncc of six.' (60) feet an each side of the cc, nes Glu-desviii":s !flume_, hwva: B"i adny al I"Ilw on dal Can file of raid Lnt I tvbieli is one lmndmd and eighty(No) feat Kenn erthe Sao@east-.a-.1 ;lid Un 3 Lnyi,wer'niandino 0100; Colffleciny With 45" b: Wes] far n dis1n.coof[u7A fca; Hance on a 06` nn9s m Ila: Fell fnrn dicleacc nf234.8 feet Ia Routine, ',a Samna 1i7+.2 slnlinaingGael. clam 4534.6 vrnlioniog ghe:d; 'I hose Noah 59" a' Fbet an n co"Inncmf2O1.5 feoq 'fhwse en a IR" cone to on, right fore dismnce nflf9.2 feel; iFhenw hand, 57'42! West he o dialer ul'n 11.7 net; ]Mete, all an ou-norm to 1ha, wo fn a diamice, of 0IIi91'ant; t hence Nno1102' 50Wen fnrn dvoina. of 4119. i feet'md crossing the Nl h line IIIliml Indian in thelnhn C, Looney RI.CNI.30 conva,c:l to Daniel J. RacehanivaiO III decd ,Mfa, at Lndacn'cSlatIll n 22.129,and s.niwl "nim Is402 Ret Well of Ism EaaI line of laid O6CNn. 30, secoin:N9' VO. R]ciITa A .tri" n1' had Ia' (cat in Blot], na L., 4 of Section 11, Tnnnenly IN Seam, Ran, 2 Well, W.M. wad in Ilanpartofflw.lama+ A 1Wtllucc DL(:No.41) in=aids Lmll Sad anp inv9ndes all eysnld tenet of land lying ailLin a distance of Shp 151)) feel on each side of Ibe sna:er lisle decerihed nc fall."- it -mfr. 1rec"iny0. Mica Iin" III clid Fat 11 na n 12" It, tile Ic0 w intent , Slohn O;oll, a point Mia,h i; 661 D leer Fall .I'd 180.0 fen Nath ohne Notoeut comer of said DLG No 11); "thence coani Laing n1 cand IY'rorve n the led fnrn disaeneo of 353.3 teal'. 111i Soath n7' U' }:ala fnrn disance of' 1.1 f -e "lhnace oo a 06. can. w the eight I -ora din.nce of 716.4 fen: I hence Stand, 44. IT Fact fora diamncc of 129.l fmp I local, nes Oe" coo¢ to fh, tete It, dislanac of 15 11 rinsing it. Fast floc nfslfd Fianna of III No. ao mrrvcycd fry the laid dcod damd Oetobw 15, 1915, 01 Hnninic, Slmian 13 r53. a point vdaich is 261.8 reel hl clinks) Wuf and Sin fell Som6 nfthe Eow o,ce, canner of f to 5 ara im scea n I F Page 11 of 14 SLO11111,N4" NO. NINE: A Rdp orlood fill hot in width is the Junei 1 Wallam DI.0 No. 49 it Suction U, 1Y swill, Romp. 241'cyt, W.M. Sold chip 1nelWes all of €ltd maw of lntd lyaw eitidn a dkcmw of f n5 (49) net en cvch side ardle was line degrbed Iw fnileow to -W I: c'..inglho g'ui Ilneof Omtpan nl'xatd IA r Nn, 1101111 W" enl'vutodm Ixh:dF hineer'z sli inn li lS, n paint"Jimla is 264.O Joel (41 chain,) Wel out 370 fml5owt, fthe th-111 st rnacr of f.ol 5 efsahi SerCltn I I(laid SoaWvrut corner of I.m 5 hero, a point nn the Nooth bonndcry line ofethi DhC No, •IDj; Uware goodur.io; np slid 04- wave at the fell for 11 thsli MC Of2923 noi: E twine South 56' ]Y Fort Por a dixa wle of 355.9 fen; '1 wane wa a ("T alor,o win riyhl tan a lbowme of 914.1 feel; 'Filen.. South 111' 4V Inst far lo dislwoe of 779 feel, ctuind (ho Sada lion ofllna: Eaal of ,aid 111.0 a'a,,gd le Len, and Iliaadr bled by flue old dmf of A. 114. 1946. maudnl to Vallonc 329lot wSe 490malMuel, isaLw Ilw Wuh liar nfUw Sonde gal( otsaid DLC No. 40, a Eahanecl' Station SOt95, afinial which in IUL6 fol West aid 153.1 Ibel Sanlh [1.32 .plies) front the wunwut aa61a to the wait Lvnadwy of DIX 8o, 40, RISSRRVAIION(S)r Oralae heeby ore wfar Incl[itu,ru... mN ae=i511e. aruwl eisa@mt, tors loud awmea Ida ofthe warghn' Iwminabove duwribad, to In, axed (a any and all ,.ad purposex, innlndln0 hill ma limped to wry nod nth ou'u"3 mlyl(d 10 @o .... na.tonal, mwmliun oc mwwwwwwa of Ila, adiuccnl annneoy+hm m un Ow [..eland., All., nn linhibit 11 Artualwol Mello nod taint, a playa heon".. Page 12 of 14 ExNat a to Ac.. Easement store mepan Truck Road ' Ttuck Road/ Jlaved' �. "�%Gravel `•�` City 5tmet Page 13 of 14 Exhibit C to Access Easement Legal Description TRACT Commencing at a Lane County Brass cap monument marking the Northeast comer of the John Smith Donation land Claim No. 48 in Township 18 South, Range 2 West of the Willamette Meridian; thence along the east line of said Donation Land Claim No. 48, South 00 02'02" East a distance of 396.60 feet to a point on the north line of the West'A of the Southeast '/4 of Section 3, Township 18 South, Range 2 West of the Willamette Meridian; thence along said north line, North 89°22'50" West a distance of 42.24 feet to a point on the North- South centerline of said Section 3; thence along the North-South centerline of Section 3, South 0°36'50" West a distance of 114.39 feet to the TRUE POINT of BEGINNING; thence continuing along the North-South centerline of Section 3, South 0036'50" West a distance of 1951.76 feet; thence leaving the North-South centerline of said Section 3, North 89°56'05" West a distance of 436.67 feet to a point on the easterly boundary of the Weyerhaeuser Truck Road; thence along the easterly boundary of the Weyerhaeuser Truck Road, North 24°,50'30" West a distance of 87.92 feet; thence continuing along the easterly boundary of the Weyerhaeuser Track Road and along the arc of a 2814.79 foot radius curve right (chord bears North 20°19'00" West 444.14 feet) an arc distance of 444.60 feet; thence continuing along the easterly boundary of the Weyerhaeuser Track Road, North 15°47'30" West a distance of 335.30 feet; thence continuing along the easterly boundary of the Weyerhaeuser Track Road and along the are of a 1004.93 foot radius curve lett (chord bears North 26°32'26" West 374.85 feet) an are distance of 377.06 feet; thence continuing along the easterly boundary of the Weyerhaeuser Truck Road, North 37°1 T22" West a distance of 153.43 feet; thence leaving the easterly boundary of the Weyerhaeuser Truck Road, North 56000'00" East a distance of 1206.73 feet to the TRUE POINT of BEGINNING, all in Lane County, Oregon. TRACT 2: In Township 18 South, Range 2 West, Willamette Meridian Section 3: All of Lots 6 and 7, in Lane County, Oregon. Page 14 of 14