_1_PROPERTY_INFORMATION_5-26-16.docx

ATTACHMENT #1 Sisters Brokers Contract

1) PROPERTY INFORMATION

A. Inspection Inspection of the property is the sole responsibility of the buyer. Buyers are invited, urged, and cautioned to inspect the property prior to submitting an offer. The failure of any buyer to inspect, or to be fully informed as to the condition of all or any portion of the property offered, will not constitute grounds for any claim or demand for adjustment or withdrawal of an offer after acceptance.

B. Condition of Property The property is offered for sale and will be sold “AS IS” and “WHERE IS” without representation, warranty, or guaranty as to quantity, quality, title, character, condition, size, or kind, or that the same is in condition or fit to be used for the purpose for which intended, and NO claim(s) for any allowance or deduction upon such grounds will be considered after the acceptance of offer.

C. Directions Legal and physical access to the property is from Sisters City streets and State Highways. Access to the main office and facilities is from Pine Street to the east and W. Barclay Drive to the north. The Triangle parcel is named as such because it is a triangle of 7 acres between State Highways US20/OR126 (Santiam Highway) and OR 242 (McKenzie Highway).

D. Legal Description Parcels No: 15-100-50000-101 (portion of), 15-100-50000-102 and 15-100-50000-103 Tax Status: Non-Assessable

The legal description of the property is Section 5 of Township 15 S, Range 10 E, Section 5, Lots 5 and 6, and part of the NE1/4SE1/4., W.M., Oregon.

E. Assessor’s Parcel Number The property was partitioned into 3 parcels in 2008. Parcel 1 (Tax Lot 15-100-50000-101) is north of W. Barclay Drive. Some of this parcel will be kept as a future Ranger Station site. Approximately 4 acres will be sold. Parcel 1 will need to be partitioned and rezoned by the buyer to buy this. Parcel 2 is south of W. Barclay Drive and north of State Highway US20/OR126 (Santiam Highway) (Tax Lot 15-100-50000-102). Parcel 3 is south State Highway US20/OR126 (Santiam Highway) Tax Lot 15-100-50000-102) and is also known as the Triangle or East Portal.

2) EXISTING USES

The property is encumbered by several road easements for city, county and state roads and special use permits for power, water, sewer and telephone utilities. The following uses have been identified and are existing on the property to be conveyed:

Easements

Page 54106

ODOT

These easements will transfer with the land.

3) SPECIAL USE PERMITS

A. City of Sisters, SIS1202-01 – Operating and maintaining a sewage transmission line, sewage pump station, and buried water pipeline. Expiration date 12/31/16. (Pump station located north of W. Barclay Drive).

Planned Disposition: An easement will be issued from the purchaser to the City as part of the escrow at closing.

B. Central Electric Cooperative Inc., SIS591 – Operating and maintaining a powerline Expiration date 12/31/2034.

Planned Disposition: An easement will be issued from the purchaser to the electric company as part of the escrow at closing.

C. Qwest Communications Inc., SIS4004-04. – Operating and maintaining a buried telephone line. (Now operates as Century Link).

Planned Disposition: An easement will be issued from the purchaser to the phone company as part of the escrow at closing.

D. Qwest Communications Inc., SIS4004-05 – Operating and maintaining a buried fiber optics cable. (Now operates as Century Link).

Planned Disposition: An easement will be issued from the purchaser to the phone company as part of the escrow at closing.

E. Sisters Parks and Recreation Department, SIS507- Currently expired as of 06/30/2013. Operating and maintaining a Labyrinth Park on the East Portal triangle.

Planned Disposition: The Labyrinth Park will either be removed or left in place without further authorization. It consists of small rocks and gravel placed in a concentric circle 66 feet in diameter.

F. City of Sisters, SIS163- Exp. date 12/31/2015 – Operating and maintaining a park, for the Veteran’s Park and Welcome to Sisters sign.

Planned Disposition: The City of Sisters Veteran’s Park is within the highway ROW and Easement, so it will remain as open space/sidewalk.

G. City of Sisters, SIS513– Operating and maintaining a paved pedestrian/ bike path at the East Portal site, adjacent to Highway 20. SUDS #. Exp. date 12/31/2017.

Planned Disposition: The City of Sisters Veteran’s Park is within the highway ROW and Easement, so it will remain as open space/sidewalk.

H. Summary of Easements to be Issued at Closing:

I. Summary of Reservations by USA: The United States will not reserve any rights in the sale deed except under the CERCLA Covenant “The Forest Service will reserve a right of access to all portions of the property for environmental investigation, remediation, or other corrective action found to be necessary after the date of conveyance”.

4) CURRENT ZONING

According to the City of Sisters Zoning, the property is currently zoned Public Facilities, Open Space and Urban Area Preserve.

The Public Facility (PF) District is intended to provide areas primarily for the location and establishment of facilities which are maintained in public and quasi-public ownership and which utilize relatively large areas of land. Other examples of Public Facilities are schools, libraries and parks.

The Open Space (OS) Zoning District covers the area of the Triangle and a buffer to the highways. The Open Space District recognizes the unique scenic character of the Sisters area by providing tree buffers, or large areas of open spaces, at major highway entries into the community. The Open Space District may also be applied to provide buffers between conflicting land uses and to protect scenic foreground views for residents and visitors.

The Urban Area Reserve (UAR) Zoning District covers the property north of W. Barclay Drive and a small portion south of W. Barclay Drive. The purpose of the Urban Area Reserve District is to serve as a holding zone for lands that are within the Sisters Urban Growth Boundary and within City jurisdiction and to retain parcels in larger sizes until public facilities (including water, sewer and transportation) are available and the land is rezoned for urban uses and densities.

Due to the current zoning any development on the property by a private purchaser will require a zoning change and master plan.

FUTURE ZONING

The City of Sisters has approved and adopted a Development Plan for this area within their larger City of Sisters Comprehensive Plan. In 2010, the Forest Service entered into a collaborative agreement project with the City of Sisters, Oregon Department of Land Conservation and Development, Oregon Department of Transportation and a private engineering consultant Otak as part of an Oregon Transportation and Growth Management Program Quick Response Project for City of Sisters.

Alternative plans for development were developed by the group and approved by the City of Sisters. These alternative plans for development were adopted into the Sisters Comprehensive Pan.

The goals of the project were:

1. To involve the Forest Service, City officials, residents, business owners, and others interested in the redevelopment of the Administrative Site.

2. Design one or more conceptual redevelopment plans acceptable to USFS (i.e. provide for profitable development to maximize value received by USFS) and City (i.e. provide quality development that will enhance City and provide public amenities).

3. Adopt redevelopment plans and any code amendments necessary to implement the plan.

This was accomplished and approved by the City of Sisters. A purchaser will still have to apply for a zoning change, but now they know what would likely to be approved by the City.

More information on this is available from the City of Sisters Planning Department and electronic copies of the full Development Plan are available from the Forest Service upon request.

5) ENVIRONMENTAL NOTICES: CERCLA NOTICE AND COVENANT REGARDING HAZARDOUS SUBSTANCES

A. Notice of Hazardous Substance Activity Pursuant to Section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Forest Service performed environmental due diligence on the property and will provide the resulting report (Land Transaction Screening Process Worksheets) to the buyer. The Forest Service found no evidence of a release of a reportable quantity of any hazardous substance. The Forest Service found that a number of hazardous substances (pesticides, paints, and flammable solids) may have been stored for one year or more on the property in the past. It is not known whether the amount of hazardous substances stored exceeded the CERCLA reportable quantities listed at 40 CFR Part 373.

B. CERCLA Covenant The transfer deed will include a covenant from the Forest Service warranting that all remedial action necessary to protect human health and the environment has been taken before the date of the conveyance. The covenant will also warrant that the Forest Service shall take any additional response action found to be necessary after the date of the conveyance regarding hazardous substances located on the Property on the date of the conveyance. The Forest Service will reserve a right of access to all portions of the property for environmental investigation, remediation, or other corrective action found to be necessary after the date of conveyance.

C. Findings of Environmental Site Assessments The property has been examined for hazardous substances. The potential purchaser will receive full disclosure of the findings and mitigation measures, as required by law.

The parcel has been examined for the presence of hazardous substances and petroleum products as required by Section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and Forest Service Manual 2160, Hazardous Materials Management. A Phase I Environmental Site Assessment and Hazardous Building Material Survey, Sisters Ranger Station (GeoEngineers Inc, June 17, 2005) is on file. There are six underground heating oil storage tanks associated with the residences which were removed in 2006. Some of the residences contain minor amounts of lead-based paint and/or asbestos tile. No other hazardous materials have been found on the parcel, and there is no known threat to public health or safety.

The following list of lead based paint and/or asbestos tile by building is from the Phase I Environmental Site Assessment and Hazardous Building Materials Survey that was done by GeoEngineers in June 2005. Paulsen Environmental Consulting, Inc. completed the lead-based paint risk assessment and asbestos building inspection at the site:

Summary of Positive Detections for Asbestos Containing Material

Main Office 2002

Fire Office 2007

120 square feet

Residence 1011

Exterior siding

27 square feet

100 square feet

12 square feet

2,020 square feet

Summary of Positive Lead-Based Paint Detections

The Forest Service will provide notice to the person or entity acquiring the administrative site of the presence of the lead-based paint or asbestos-containing building material; and obtain written assurance from the person or entity acquiring the administrative site that the person or entity will comply with applicable Federal, State, and local laws relating to the management of the lead-based and asbestos-containing building materials.

An update to the Environmental Site Assessment (ESA) was completed in January 2016, by a Forest Service Environmental Professional, which includes a summary of previous ESA’s, and cleanups will be available to potential purchasers of the property.