UMA97_LDVsigned.pdf

Legal Description Verification Narrative Report

Desolation Creek Purchase Case No. UMA 97

Umatilla National Forest Grant County, Oregon

March 21, 2023

Table of Contents

Page 2 ................................................................... Area Vicinity Map

Page 3 ................................................................... FS 5400-40 – Non-Federal Land

Page 4 ................................................................... Exhibit A – Description of Lands being conveyed

Page 5 ................................................................... Vesting Deed Legal Description

Page 6 – 14 ........................................................... Legal Description Verification Narrative

Page 15 ................................................................. Appendix A

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NFD 053 Rd

County Hwy-18

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UpMiddle ForkRd

NFD 10 Rd

NFD 052Rd

US

-39 µ UMA 97 Desolation Creek

Vicinity Map

This product is reproduced from information prepared by the US Forest Service.The data and product accuracy may not meet National Map Accuracy Standards

◄– – – Desloation Creek Parcel◄– – – Desloation Creek Parcel

UkiahUkiah

Umatilla National

Forest

Umatilla National Forest North Fork John Day Ranger District

DaleDale

Long CreekLong Creek

Umatilla National

Forest

Malheur National

Forest

USDA - Forest Service FS-5400-40 (Rev. 12/2006)

LAND DESCRIPTION VERIFICATION

NON-FEDERAL LAND

(Ref. FSH 5409.13, Chapter 30)

Purchase/Exchange Name: Desolation Creek Forest Name: Umatilla National Forest Tract No.:

Assessor’s Parcel Number: 7S32E-700, 7S32E-900, 8S32E-100, 8S32E-300, & 8S32E-200 County, Town, or Borough: Grant County State: Oregon

1. Legal Description: (Include subdivision part, Section, Township, Range, Meridian; or lot, block, warrant, parcel, grant, etc., as appropriate.) The current owner of record is Desolation Creek LLC, as shown on Statutory Special Warranty Deed recorded on May 23rd, 2014, as document no. 20141021D, Grant County, Oregon. Vesting Deed Legal Description (See Page 5).

NOTE: See recommended legal description described on Exhibit A (See Page 4).

2. Area: Official (Public Land Survey)

10,327.14

Record (title/deed/county)

Actual (land survey, infor.)

3,162.21

Tax Assessor’s (taxing authority)

3. Record Documents:

Statuatory Warranty Deed to Desolation Creek, LLC recorded on May 23, 2014 as document no. 20141021D.G.L.O. Survey of T.7S., R.32E., W.M. approved on December 8, 1881 by the Surveyor General of Oregon.

G.L.O. Survey of T8S., R.33E., W.M. approved on November 24, 1884 by the Surveyor General of Oregon.

B.L.M. Dependent Resurvey of T.7S., R.32E., W.M. approved on June 30, 1983 and recorded as MOS #781 on August 9, 1983.

MOS #674 recorded on May 27, 1981 in the Grant County Surveyor's Office.

MOS #689, 690, & 691 all recorded on August 1, 1981 in the Grant County Surveyor's Office.

MOS #1286 recorded on January 21, 1993 in the Grant County Surveyor's Office.

MOS #2199 recorded on December 14, 2022 in the Grant County Surveyor's Office.

4. Comments: The Official area shown above is based on the G.L.O. and B.L.M. surveys shown above for those areas where no additional surveys have been performed. The Actual area shown above is based on MOS #'s 674 & 689 - 691.

The total area for this acquisition is 13,489.35 acres.

All documents used in the creation of this report can be found at https://usfs.app.box.com/folder/165434147097

The legal description for the above described lands, proposed for acquisition by the UNITED STATES OF AMERICA, has been reviewed for technical sufficiency and acceptability for acquisition purposes and practicability for locating boundary lines.

Acquisition of the above described lands is recommended based on the legal description referenced thereto, or in Preliminary Title Report/Policy of Title Insurance No. 27890, dated September 16, 2022, and issued by: Land Title Company of Grant County, Inc.

For purposes of acquisition, the acreage is 13,489.35 acres.

Land Surveyor, USDA Forest Service Date

(attach additional pages as necessary for items 1 through 4)

Oregon PLS #91693 03/21/2023

Exhibit A

All that real property located in Grant County, Oregon, and being described as follows:

Willamette Meridian, Oregon

T.7S., R.32E.

Section 7;

Section 8;

Section 15;

Section 16: Save & Except the following described tract:

Beginning at a point on the East bank of Desolation Creek 508 feet south of the Northwest corner and on the West line of said Section 16;

Thence East 306 feet;

Thence South 246 feet;

Thence West 71 feet to the East Bank of Desolation Creek;

Thence in a Northwesterly direction on a direct line to the place of beginning;

Section 17;

Section 18: E½NW¼ and NE¼;

Section 20: N½;

Section 21: W½, SW¼NE¼, and SE¼;

Section 22: S½NW¼, NE¼NW¼, NE¼, and S½;

Section 23: SW¼SW¼;

Section 25;

Section 26;

Section 27;

Section 28: Save & Except the NE¼NE¼SW¼;

Section 33;

Section 34;

Section 35;

Section 36.

T.8S., R.32E.

Section 1;

Section 2;

Section 3;

Section 4;

Section 10: N½NE¼;

Section 11: N½NW¼, SE¼NW¼, NE¼;

Section 12: N½NW¼, SW¼NW¼, NW¼NE¼;

T.8S., R.33E.

Section 6: Lot 3, Lot 4, Lot 5, SE¼NW¼.

The areas described herein is 13,489.35 acres.

Vesting Deed Legal Description

As shown on Statutory Warranty Deed to Desolation Creek, LLC from EcoTrust Forests II, LLC recorded on May 23, 2014, as document no. 20141021.

The following real property located in Grant County, Oregon.

Township 7 South, Range 32 East, Willamette Meridian, Grant County, Oregon:

Section 7: Lots 1, 2, 3, and 4; E1/2W1/2; E1/2.

Section 8: All.

Section 15: All.

Section 16: All. SAVE & EXCEPT the following described tract:

Beginning at a point on the East bank of Desolation Creek 503 feet South of the Northwest corner of said Sec. 16;

thence East 306 feet;

thence South 246 feet;

thence West 71 feet to the East bank of Desolation Creek;

thence in a Northwesterly direction on a direct line to the place of beginning.

Section 17: All.

Section 18: E1/2NW1/4; NE1/4.

Section 20: N1/2.

Section 21: W1/2; SW1/4NE1/4; SE1/4.

Section 22: S1/2NW1/4; NE1/4NW1/4; NE1/4; S1/2.

Section 23: SW1/4SW1/4.

Section 25: All.

Section 26: All.

Section 27: All.

Section 28: All; SAVE & EXCEPT the NE1/4NE1/4SW1/4.

Section 33: All.

Section 34: All.

Section 35: All.

Section 36: All.

(Tax Accts. 17 7-32 TL700 and TL900; Refs. 6361 and 6363)

Township 8 South, Range 32 East, Willamette Meridian, Grant County, Oregon:

Section 1: Lots 1, 2, 3 and 4; S1/2N1/2; S1/2.

Section 2: Lots 1, 2, 3 and 4; S1/2N1/2; S1/2.

Section 3: Lots 1, 2, 3 and 4; S1/2N1/2; S1/2.

Section 4: Lots 1, 2, 3 and 4; S1/2N1/2; S1/2.

Section 10: N1/2NE1/4.

Section 11: N1/2NW1/4; SE1/4NW1/4; NE1/4.

Section 12: N1/2NW1/4; SW1/4NW1/4; NW1/4NE1/4.

(Tax Accts. 17 8-32 TLl00 and TL300; Refs. 6474 and 8437)

Township 8 South, Range 33 East, Willamette Meridian, Grant County, Oregon:

Section 6: Lots 3, 4 and 5; SE1/4NW1/4.

(Tax Acct. 17 8-33 TL200; Ref. 6477)

Legal Description Verification Report Desolation Creek Purchase

Case No. UMA 97 Umatilla National Forest Grant County, Oregon

March 21, 2023

Background Information

The Desolation Creek Purchase, Case # UMA 97 is located within the Umatilla National Forest, North Fork John Day Ranger District, Grant County, Oregon and consists of 5 parcels. This purchase is located approximately 5 miles southeast of Dale, Oregon and approximately 14 miles south of Ukiah, Oregon.

The subject parcels were originally conveyed into private ownership under 73 individual patents from 1892 to 1988. All the patents were issued between 1892 to 1910 except one which was issued in 1988 as a part of a land exchange between the USA and Louisiana-Pacific Corp. No patents were issued between 1911 and 1987. A review of the chain of title was performed by Liz Morgan, Realty Specialist, and no errors or omissions were found.

The current owner of record is Desolation Creek LLC, as shown on Statutory Special Warranty Deed recorded on May 23rd, 2014, as document no. 20141021D, Grant County, Oregon.

Tax Lot No: 07S32E 700 Tax Lot No: 07S32E 900 Tax Lot No: 08S32E 100 Tax Lot No: 08S32E 300 Tax Lot No: 08S33E 200

History of Surveys

T.7S., R.32E.

• Original survey completed by Rufus S. Moore, US Deputy Surveyor, under contract no. 382 dated March 23, 1881, and approved by James C. Tolman, Surveyor General of Oregon, on December 8th, 1881.

• A Dependent Resurvey of portions of the township was performed by James E. Jelley, Harvey E. Wofford, Rick E. Tawney, Thomas E. Caster, and Scott R. McMullin, Cadastral Surveyors, from August 24, 1967, to July 28, 1982, under Group No. 350 & 643 and approved by William W. Glen, Chief Cadastral Surveyor of Oregon, on June 30, 1983.

• David L. Haddock, PLS #852, surveyed and subdivided Section 28 under USFS contract no. 53-04R3-3-22 and recorded as MOS #1286 on January 21, 1994.

• Jason L. Simes, PLS #83256, surveyed a portion of Section 16 recorded as MOS #2199 on December 14, 2022, delineating Tax Lot #701 as shown on Warranty Deed No. 20161305 recorded on June 24, 2016. This survey shows an incorrect adjoining landowner as well as stating the boundary follows the creek bank which is not the case. Mr. Simes is supposed to be recording a corrective plat.

• No additional surveys were found for the subject parcels within this township.

T.8S., R.32E.

• Original survey completed by Herman D. Gradon, US Deputy Surveyor, under contract no. 499 dated March 11, 1884, and approved by James C. Tolman, Surveyor General of Oregon, on November 24, 1884.

• Certain Original Corner Points were remonumented by James E. Jelley, Cadastral Surveyor, from August 22, 196,7 to September 19, 1968, under Group No. 350 and approved by William W. Glen, Chief Cadastral Surveyor of Oregon, on September 27, 1982

• Kurt C. Weaver, PLS #1679, surveyed and subdivided sections 1 & 2 under USFS contract no. 53-04R3-1-01164 and recorded as MOS #674 on May 27, 1981.

• Kurt C. Weaver, PLS #1679, surveyed and subdivided section 10 under USFS contract no. 53-04R3-1-01164 and recorded as MOS #689 on August 11, 1981.

• Kurt C. Weaver, PLS #1679, surveyed and subdivided sections 11 & 12 under USFS contract no. 53-04R3-1- 01163 and recorded as MOS #690 on August 11, 1981.

• Kurt C. Weaver, PLS #1679, surveyed and subdivided sections 3 & 4 under USFS contract no. 53-04R3-1-01163 and recorded as MOS #691 on August 11, 1981.

• No additional surveys were found for the subject parcels within this township.

T.8S., R.33E.

• Original survey completed by Herman D. Gradon, US Deputy Surveyor, under contract no. 499 dated March 11, 1884, and approved by James C. Tolman, Surveyor General of Oregon, on November 24, 1884.

• No additional surveys were found for the subject parcels within this township.

Legal Description Discussion

A scrivener’s error was found in the legal description shown on the vesting deed for the portion that is saved and excepted from Section 16, T.7S., R.32E. The point of beginning should be 508 feet south instead of 503 feet. Additionally, the original description contained the statement that the point of beginning was on the west line of said Section 16. This description is included on every deed in the chain of title for the excluded portion and was also included on every deed in the chain of title of the subject parcels until 1996 where it was omitted. These items should be corrected prior to acquisition.

The description contained in the vesting deed has a few redundancies that are also removed. For instance, Section 7 of T.7S., R.32E. is described as Lots 1, 2, 3, and 4, E½W½, E½ which is the entire section and other complete sections have a description of ALL. Removing these redundancies reduces the opportunity for errors and omissions and holds the same legal significance, however, keeping them in place is also a viable option.

The vesting deed also has the tax lots as part of the description. Tax lots do not delineate ownership and are used for assessment purposes only.

Surveying, Marking, and Posting

The Forest boundary that is currently posted in T7S R32E was posted in 1981-1982 following the completion of the BLM survey shown above in the History of Surveys and in 1990 after the completion of the Louisiana-Pacific Corp. land exchange according to the Umatilla National Forest Land Line Atlas. I find no records of this boundary having been maintained since its posting.

The Forest boundary that is currently posted in T8S R32E was surveyed and posted by 2 contracts to Kurt C. Weaver, PLS #1679, as shown above in the History of Surveys. I find no records of this boundary having been maintained since its posting.

The Forest boundary that is currently posted in T8S R33E was posted in 1988 according to the Umatilla National Forest Land Line Atlas. I find no records of this boundary having been maintained since its posting.

Upon completion of this acquisition the following areas will need to be surveyed and posted in T7S R32E:

• Section 7 – south (along the range line) from the S1/16 of Sections 7 & 8 to the section corner of sections 7, 18, 12, & 13, then east to the W1/16 corner of Sections 7 & 18. This is approximately a ½ mile.

• Section 16 – private inholding following a metes & bounds description as follows:

Beginning at a point on the East bank of Desolation Creek 508 feet south of the Northwest corner of said Sec.

16;

thence East 306 feet;

thence South 246 feet;

thence West 71 feet to the East bank of Desolation Creek;

thence in a Northwesterly direction on a direct line to the place of beginning.

The exterior of this inholding is approximately 963ft.

• Section 18 – east from the section corner of Sections 7, 18, 12 &13 (along the section line) to the W1/16 corner of sections 7 & 18, then south along the north-south centerline of the NW¼ of section 18 to the CW1/16.

• Section 21 & 22 – the boundary around the N½NE¼, SE¼NE¼ of Section 21 and the NW¼NW¼ of Section 22.

This inholding will require a survey and subdivision of Sections 21 and 22. The BLM has remonumented or established the controlling corners needed during the Dependent Resurvey of the township shown above in the History of Surveys. The exterior of this inholding is approximately 2½ miles.

This acquisition will remove approximately 24½ miles of Forest Boundary and add approximately 3.7 miles of new Forest Boundary. After acquisition of these parcels, the lines that are no longer National Forest boundaries should have the property boundary signs removed and the new boundaries surveyed and posted as soon as possible. See Appendix A for a depiction of the boundary status.

Encroachments & Improvements

Google Earth was utilized to scan the subject parcels for any encroachments and improvements. The following areas were identified and will be verified by a site inspection performed by Land Zone Staff prior to acquisition.

T.7S., R.32E.

Section 16: NW¼NW¼ – cabin and outhouse, need to verify if encroaching or not.

Section 21: NE¼NE¼, NW¼NE¼, SE¼NE¼ – fence around adjoining parcel Section 22: NW¼NW¼ – fence around adjoining parcel Section 27: SW¼SW¼ – fenced areas and water tank along FSR 10 Section 28: SE¼NW¼, SW¼SW¼ – possible mining activity

SE¼SE¼ – instream structures Section 33: SE¼NW¼ – possible mining activity

SE¼SE¼, SW¼SE¼ – fenced areas T.8S., R.32E.

Section 1: Lot 4 – structure Section 2: Lot 2 – fence along south line

Access

The current legal access to the subject parcels is Forest System Road 10 and various collector roads. It should be noted that the USA does not currently have an easement for that portion of FSR 1003 across Tax Lot #701 in T7S R32E, Section

16. The current landowner has an easement across this parcel as reserved in deed to J.R. Ervin and Vashti Ervin recorded in Book 83, Page 351 on May 3, 1956. Upon acquisition, the USA will acquire this right as a successor in interest.

Desolation Creek, LLC is currently pursuing re-routing that portion of FSR 10 so that it no longer crosses Tax Lot #701.

Water Rights

A search was made utilizing the Oregon Water Resources Department Water Rights Mapping Tool and the following points of diversion and places of use were found for the subject parcels.

https://apps.wrd.state.or.us/apps/wr/wrinfo/Default.aspx?t=1

• Certificate 62317: Oregon Water Resources Dept.

https://apps.wrd.state.or.us/apps/wr/wrinfo/Default.aspx?t=1

Primary Use: Instream Anadromous and Resident Fish Habitat Point of Diversion: Desolation Creek – North Fork John Day River Place of Use: T7S R32E, Section 7, NE¼NE¼, NW¼NE¼, SE¼NE¼

T7S R32E, Section 8, SW¼NW¼, SE¼NW¼, NE¼SW¼, NE¼SE¼, NW¼SE¼, SE¼SE¼ T7S R32E, Section 16, NW¼NW¼, SW¼NW¼, NW¼SW¼, SW¼SW¼ T7S R32E, Section 17, NE¼NE¼ T7S R32E, Section 21, SW¼NE¼, NW¼NW¼, SW¼NW¼, SE¼NW¼, NE¼SW¼, NE¼SE¼, NW¼SE¼, SE¼SE¼

T7S R32E, Section 22, NE¼SW¼, NW¼SW¼, SW¼SW¼, SE¼SW¼, SW¼SE¼, SE¼SE¼

T7S R32E, Section 26, NW¼NW¼, SW¼NW¼, SE¼NW¼, NE¼SW¼, SE¼SW¼ T7S R32E, Section 27, NE¼NE¼, SE¼NE¼ T7S R32E, Section 35, SW¼NE¼, SE¼NE¼, NE¼SW¼, SE¼NW¼, NE¼SE¼ T7S R32E, Section 36, SW¼SW¼ T8S R32E, Section 1, SW¼NE¼, NE¼NW¼, NW¼NW¼, SE¼NW¼, NE¼SE¼, NW¼SE¼, SE¼SE¼

• Certificate 63483: U.S. Umatilla National Forest Primary Use: Livestock Point of Diversion: Snapp Spring – Desolation Creek Place of Use: T7S R32E, Section 23, SW¼NW¼

• Certificate 63957: U.S. Umatilla National Forest Primary Use: Livestock Point of Diversion: Pinto Spring – Unnamed Stream Place of Use: T7S R32E, Section 7, SE¼SW¼

• Certificate 70962: Louisiana Pacific Corp.

Primary Use: Livestock & Wildlife

Point of Diversion: A spring/Reservoir 62 – Desolation Creek A spring/Reservoir 63 – Desolation Creek Runoff/Reservoir 64 – Desolation Creek Runoff/Reservoir 65 – Desolation Creek Runoff/Reservoir 66 – Desolation Creek

Place of Use: T7S R32E, Section 27, NW¼NW¼ – POD 1 T7S R32E, Section 27, SW¼NۘW¼ – POD 2 T8S R32E, Section 2, SW¼NW¼ – POD 3 T7S R32E, Section 17, NW¼NW¼ – POD 4 T7S R32E, Section 17, SE¼SE¼ – POD 5

Mineral Rights

All oil, gas, and mineral rights and any such easements as may be necessary for the removal were reserved for a large portion of the subject parcel in Bargain & Sale Deed to Pilot Rock Lumber Company from The First National Bank of Portland, recorded in Book 65, Page 466-467 on May 15, 1952. These outstanding rights were unified with the subject parcels via Statutory Quitclaim Deed to Desolation Creek, LLC, recorded as document no. 20230513 on March 20, 2023.

Preliminary Title Report Encumbrances Review

See Preliminary Title Report No. 27890 Supplemental No. One dated September 16, 2022.

1. All taxes shall be paid and current and liens shall be removed prior to conveyance.

2. A site inspection will be performed by Lands Zone staff prior to conveyance.

3. No known easements or claims thereof exist except ditches and canals as shown on the Master Title Plat, however, this is a blanket exception to cover those type of claims. A search was made of the Oregon Water Resources Department Water Rights Mapping Tool and four certificates were found as shown above.

4. A site inspection will be performed by Lands Zone staff prior to conveyance.

5. All liens shall be removed prior to conveyance.

6. A site inspection will be performed by Lands Zone staff prior to conveyance.

7. The USA will be acquiring all minerals after conveyance.

8. All taxes shall be paid and current prior to conveyance.

9. The current zoning is Primary Forest PF 80(240). It is very unlikely that this classification would change.

10. The landowner is responsible for providing the necessary documentation that pertains to their organization and a lien search will be performed prior to conveyance.

11. A site inspection will be performed by Lands Zone staff prior to conveyance.

12. The main access to the subject parcels is Forest System Road 10. The lack of access to certain parcels will not interfere with National Forest management.

13. There are no county or state streets, roads, highways, or other public streets, roads, or highways located within the subject parcels other that National Forest System Roads.

14. This exception implies that Desolation Creek, Kelsay Creek, Moonshine Creek, Park Creek, Spring Creek, and Starveout Creek are navigable waterways and the beds may be owned by another entity. A search was made of navigable waterways at https://www.oregon.gov/dsl/WW/Pages/WaterwaysMap.aspx and no navigable waterways were found.

15. This exception implies that Desolation Creek, Kelsay Creek, Moonshine Creek, Park Creek, Spring Creek, and Starveout Creek are navigable waterways and none were found. See previous exception for more details.

16. This exception implies that there are riparian boundaries of which none exist. See previous exceptions for more details.

17. Right-of-Way Deed to Pilot Rock Lumber Co. from Calhoun & Howell, Oregon LTD, recorded on July 3, 1950, in Book 60, Page 296. This deed contains numerous parcels, however, only one applies to this acquisition:

T.7S., R.32E.

Section 36: E½SE¼SE¼SW¼, W½SW¼SW¼SE¼ The purpose of the right-of-way granted is to give the grantee, its successors and assigns, the right to construct, maintain, operate, use and remove tram roads, logging roads, and any and all other facilities, its successors or assigns, may desire on and across said land and any part or parts thereof for the purpose of transporting and removing timber over and across said land. There is hereby reserved to the grantors, their heirs, executors, administrators and assigns, the following rights, privileges, and immunities in connection with said rights of way, to wit: the right to use said rights of way jointly with the grantee and the right to re-route such rights of way as may be necessary in connection with the mining of said claims.

18. Easement Deed to the USA-Forest Service from Pilot Rock Lumber Co. recorded on November 10, 1958, in Book 80, Page 174-175. This easement covers that portion of Forest System Road 10 located within Tax Lot #700 in T.7S., R.32E.

Section 27: NW¼SW¼, S½SW¼, SW¼SE¼ Section 28: NE¼SE¼, S½NE This easement will merge with title to the underlying lands upon acquisition.

19. Easement Deed to the USA-Forest Service from Pilot Rock Lumber Co. recorded on January 6, 1959, in Book 80, Page 176-177. This easement covers that portion of Forest System Road 1010 located within Tax Lot #700 in T.7S., R.32E.

Section 35: E½NW¼, W½NE¼, SE¼NE¼ https://www.oregon.gov/dsl/WW/Pages/WaterwaysMap.aspx

Section 36: S½N½ This easement will merge with title to the underlying lands upon acquisition.

20. Easement Deed to the USA-Forest Service from Pilot Rock Lumber Co. recorded on May 29, 1961, in Book 83, Page 474-475. This easement covers that portion of Forest System Road 10 and a portion of closed Forest System Road 3972-067 located within Tax Lot #700 in T.7S., R.32E.

Section 18: SW¼NE¼ Section 7: NE¼SW¼, SE¼NW¼ Forest System Road 10 is only located in the SE¼NW¼ of Section 7. There are no roads located in the NE¼SW¼ of Section 7. The tail end of Forest System Road 3972-067 is located in the SW¼NW¼ of Section 18.

This easement will merge with title to the underlying lands upon acquisition.

21. Easement Deed to the USA-Forest Service from Georgia-Pacific Pine Mills Co. recorded on August 23, 1960, in Book 85, Page 203-206. This easement covers that portion of Forest System Road 10 located within Tax Lot #700 in T.7S., R.32E.

Section 35: NW¼NE¼, SW¼NE¼, SE¼NE¼, NE¼SE¼, SE¼SE¼ Section 36: SW¼SW¼ Within Tax Lot #100 in T.8S., R.32E.

Section 1: NW¼NW¼, NE¼NW¼, SW¼NE¼ This easement will merge with title to the underlying lands upon acquisition.

22. Easement Deed to the USA-Forest Service from Georgia-Pacific Pine Mills Co. recorded on August 1, 1961, in Book 85, Page 367-369. This easement covers that portion of Forest System Road 10 located within Tax Lot #700 in T.7S., R.32E.

Section 7: NW¼NW¼ This easement will merge with title to the underlying lands upon acquisition.

23. Easement Deed to the USA-Forest Service from Georgia-Pacific Corp. recorded on March 26, 1968, in Book 98, Page 423-427. This easement covers that portion of Forest System Road 1006 located within Tax Lot #700 in T.7S., R.32E.

Section 33: SW¼NW¼, SE¼NW¼, NE¼SW¼ This easement also covers other portions of Forest System Road 1006 in Section 6 that was previously acquired from Louisiana-Pacific Corp. in 1988 and currently has Reserved Public Domain status.

This easement will merge with title to the underlying lands upon acquisition.

24. Easement Deed to the USA-Forest Service from Georgia-Pacific Corp. recorded on February 3, 1972, in Book 107, Page 785-792. This easement covers that portion of Forest System Road 1003-130 located within Tax Lot #700 in T.7S., R.32E.

Section 8: SW¼NW¼, SE¼NW¼, NE¼SW¼ This easement also covers other portions of Forest System Road 1003-130 in Sections 4, 5, & 9 that was previously acquired from Louisiana-Pacific Corp. in 1988 and currently has Reserved Public Domain status. This easement will merge with title to the underlying lands upon acquisition.

25. Easement Deed to the USA-Forest Service from Louisiana-Pacific Corp. recorded on April 26, 1976, in Book 114, Page 696-701. This easement covers that portion of Forest System Road 1003-050 located within Tax Lot #700 in T.7S., R.32E.

Section 22: SE¼NE¼ and that portion of Forest System Road 1009 in Section 26: NW¼NE¼ This easement also covers other portions of Forest System Road 1003 in Section 14 that was previously acquired from Louisiana-Pacific Corp. in 1988 and currently has Reserved Public Domain status.

This easement will merge with title to the underlying lands upon acquisition.

26. Easement Deed to the USA-Forest Service from Louisiana-Pacific Corp. recorded on April 26, 1976, in Book 114, Page 702-714. This easement covers those portions of Forest System Road 10, 1003, 1003-050, 1007, 1009, and 1010.

Forest System Road 10 located within Tax Lot #700 T.7S., R.32E.

Section 7: Lot 1, NE¼NW¼, SE¼NW¼, SW¼NE¼, NW¼SE¼, NE¼SE¼ Section 8: NW¼SW¼, SW¼SW¼ Section 17: NW¼NW¼, NE¼NW¼, SE¼NW¼, SW¼NE¼, NW¼SE¼, SW¼SE¼ Section 20: NW¼NE¼, NE¼NE¼, SE¼NE¼ Section 21: SW¼SW¼, SE¼SW¼ Section 26: SW¼SW¼, SE¼SW¼ Section 27: SE¼SE¼, SW¼SE¼, SE¼SW¼, SW¼SW¼, NW¼SW¼ Section 28: NE¼SE¼, SE¼NE¼, SW¼NE¼, SE¼NW¼, NE¼NW¼, NW¼NE¼, NW¼NW¼ Section 35: NE¼NW¼, SE¼NW¼, SW¼NE¼, NW¼NE¼, SE¼NE¼

Forest System Road 1003 located within Tax Lot #700 T.7S., R.32E.

Section 7: SW¼NE¼, SE¼NE¼ Section 8: NW¼SW¼, NE¼SW¼, SW¼SW¼, SW¼NW¼, NW¼SE¼, SW¼SE¼, SE¼SE¼ Section 15: NW¼SW¼, SW¼SW¼, SE¼SW¼, SW¼SE¼, SE¼SE¼ Section 16: NW¼NW¼, SW¼NW¼, NW¼SW¼, NE¼SW¼, NW¼SE¼, NE¼SE¼ Section 22: NW¼NE¼, NE¼NE¼

Forest System Road 1003-050 located within Tax Lot #700 T.7S., R.32E.

Section 22: NE¼NE¼, SE¼NE¼

Forest System Road 1007 located within Tax Lot #700 T.7S., R.32E.

Section 33: NW¼NE¼, SE¼NW¼, SW¼NE¼, NW¼SE¼, SW¼SE¼, NE¼SW¼ Located within Tax Lot #100 T.8S., R.32E.

Section 4: Lots 1-2, SW¼NE¼, SE¼NE¼

Forest System Road 1009 located within Tax Lot #700 & #900 T.7S., R.32E.

Section 25: NW¼NW¼ Section 26: NW¼NE¼, NE¼NW¼, SE¼NW¼, SW¼NE¼, NW¼SE¼, NE¼SW¼, SW¼SW¼, SE¼SW¼

Forest System Road 1010 located within Tax Lot #700 T.7S., R.32E.

Section 35: SW¼NE¼, NW¼NE¼, SE¼NE¼ Section 36: SW¼NW¼, SE¼NE¼, SW¼NE¼, SE¼NE¼

This easement will merge with title to the underlying lands upon acquisition.

27. Easement Deed to the USA-Forest Service from Louisiana-Pacific Corp. recorded on March 24, 1977, in Book 116, Page 590-596. This easement is an amendment to that portion of Forest System Road 1009 located within Tax Lot #700 in T.7S., R.32E.

Section 26: NE¼SW¼ This easement will merge with title to the underlying lands upon acquisition.

28. Easement Deed to the USA-Forest Service from Louisiana-Pacific Corp. recorded on December 7, 1982, in Book 127, Page 469-474. This easement covers that portion of Forest System Road 1000-061 located within Tax Lot #700 in T.7S., R.32E.

Section 28: NW¼SW¼

This easement also covers a portion of Forest System Road 3972-015 located in T.7S., R.31E. which is not part of this acquisition. This easement will merge with title to the underlying lands upon acquisition.

29. Patent # 36-88-0022 to Louisiana Pacific Corp. recorded on November 22, 1988, in Book 137, Page 912-923.

This patent was issued as part of a land exchange between Louisiana Pacific Corp. and the Forest Service, Case MAL85/UMA130. Only those portions affecting this acquisition will be addressed. The patent is subject to the provisions, terms, and conditions of the following easements:

Easement Deed recorded on June 9, 1976, in Book 114, Page 978.

Easement Deed recorded on April 13, 1977, in Book 116, Page 811.

Easement Deed recorded on March 14, 1983, in Book 127, Page 898.

Easement Deed recorded on October 17, 1996, in Book 95, Page 660.

These easements were subsequently terminated on December 9, 2003, recorded as document no. 200335870, and no longer encumber the subject parcels.

The patent reserved easements for existing roads and will merge with title to the underlying lands upon acquisition as follows:

Forest Development Road 1003-057 Forest Development Road 1003-160 T.7S., R.32E. T.7S., R.32E.

Section 22: NE¼SE¼ Section 15: E½NE¼

Forest Development Road 1003-165 Forest Development Road 1009-050 T.7S., R.32E. T.7S., R.32E.

Section 15: SE¼NE¼ Section 26: NE¼NE¼

Forest Development Road 1011-060 Forest Development Road 3980 T.7S., R.32E. T.8S., R.32E.

Section 25: NW¼NE¼ Section 3: SW¼SW¼

Section 4: SW¼SE¼

Forest Development Road 1006 Forest Development Road 10 T.7S., R.32E. T.8S., R.32E.

Section 33: W½SW¼ Section 1: SE¼ T.8S., R.32E.

Section 4: Lot 4

Forest Development Road 1014 Forest Development Road 1007 T.8S., R.32E. T.8S., R.32E.

Section 1: N½SE¼, SENE Section 3: SW¼SW¼

Section 4: SE¼

30. Termination of Grazing Leases between Frontier Resources, LLC and Pioneer Resources I, LLC recorded on November 1, 2002, as instrument no. 223254. Due to this being a termination, they no longer encumber the subject parcels.

31. Quit Claim Deed from Pioneer Resources I, LLC to Hood River County recorded on April 21, 2003, as instrument

no. 031181. This deed covers leases and subleases to various entities. All leases expired by November 1, 2003, and no longer encumber the subject parcels.

32. Deed of Trust from Desolation Creek, LLC, to Land Title Company of Grant County, INC as Trustee for the benefit of EcoTrust SUB CDE XV, LLC recorded on May 23, 2014, as document no. 20141022. This trust shall be satisfied prior to acquisition.

33. Terms and provisions of the Operating Agreement of Desolation Creek, LLC. Desolation Creek, LLC is responsible for providing the necessary documentation that pertains to their organization.

34. Documentation showing the party or parties who are authorized to execute the forthcoming documents by the United States of America will be provided.

35. See Exhibit A for the legal description of the subject parcels.

36. Desolation Creek, LLC is responsible for satisfying any outstanding taxes or liens against the subject parcels prior to acquisition.

Zoning

All five tax lots are located within the Primary Forest PF 80(240) zone per the Grant County Planning Department via email dated 07/14/2022.

Area

The area to be used for acquisition is 13,489.35 acres. The area of the subject parcels was calculated using the most recent surveys. A detailed account of the area is as follows:

T.7S., R.32E: The area located in this township was calculated using the 1983 BLM Dependent Resurvey, MOS #1286, & MOS #2199. The exterior boundary of the subject parcels was calculated using the 1983 BLM Dependent Resurvey. The areas contained in MOS #1286 and #2199 were subtracted from the total area for a total of 10,171.86 acres.

T.8S., R.32E: The area located within this township was calculated using MOS #674, #689, #690, and #691 for a total area of 3162.21 acres

T.8S., R.33E: The area located within this township was taken from the 1884 General Land Office survey for a total of

155.28 acres.

According to the Grant County Assessor, the current landowner is being assessed for 13,298.01 acres. The breakdown per tax lot is as follows:

T7S R32E, Tax Lot 700 – 9,948.85 acres T7S R32E, Tax Lot 900 – 80.00 acres T8S R32E. Tax Lot 100 – 2,913.88 acres T8S R32E, Tax Lot 300 – 200.00 acres T8S R33E, Tax Lot 200 – 155.28 acres

Forest Service GIS data returns an area of 13,480.93 acres.

3/21/2023 Robert C. Moyers, Oregon PLS #91693

T06S R31E T06S R32E

T06S R33E

T07S R31E

T07S R32E

T07S R33E

T08S R31E

T08S R32E T08S R33E

34 3135

0601 04

13 16

07 08

12 07

17 15

1718 15

1109 10 0712

M A P L E G E N D Boundary

To Remove after Acquisition To Survey & Post after Acquisition

Surface Ownership

STATUS

Acquired Disposed Non-FS, Excludes Disposals Reserved Public Domain Unpartitioned Riparian Interest

This product is reproduced from information prepared by the Forest Service.

The data and product accuracy may not meet National Map Accuracy Standards.

µ UMA 97 Desolation Creek

North Fork John Day Ranger District Boundary Status

Umatilla National Forest Grant County, Oregon

Appendix A