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Home My WebLink About2017-185 YMCA Nonexclusive terminable licenses f Nature of Document: Nonexclusive Terminable Licenses Grantor: Young Men's Christian Association of Ashland 540 YMCA Way Ashland, OR 97520 Grantee: City of Ashland, an Oregon Municipal Corporation 20 East Main Street Ashland, OR 97520 After Recordinq Return to: David Lohman, Ashland City Attorney 20 East Main Street Ashland, OR 97520 Tax Information: No Change l NONEXCLUSIVE TERMINABLE LICENSES The parties to this agreement are Young Men's Christian Association of Ashland, an Oregon nonprofit corporation, doing business as "Ashland Family YMCA," hereafter referred to as "the YMCA;" and City of Ashland, an Oregon Municipal Corporation, hereafter referred to as " the City." Whereas, the City as Seller and the YMCA as Purchaser entered into a contract I of sale (the "Contract") for the purchase and sale of real property described on Exhibit "A" attached hereto (the "Property"); and Whereas, under Sections 5.1 and 5.2 of the Contract the YMCA agreed to grant to the City two nonexclusive terminable licenses described therein; and 1. 4 Whereas, the YMCA is the owner of real property described on Exhibit "A" attached hereto (the "Property") and desires to grant to the City the following licenses; Now, therefore, the parties agree as follows: 1. The YMCA hereby grants to the City a nonexclusive terminable license to use a strip of land, ten feet in width, across the Property and adjacent to the most E northerly boundary line of the Property, as a pedestrian and bicycle path. The foregoing license will not be revoked so long as the Ashland Parks and Recreation Commission ("APRU) or the City owns real property adjacent to the Property or until a public right of way from Tolman Creek Road to Clay Street in the City of Ashland is constructed adjacent to the Property. As long as the foregoing license remains in effect, the City will have the right to have access to and to inspect the area encompassed by said license and shall have the right to notify the YMCA of any safety compliance or other concerns. 3 i Z i I i The YMCA will not be required to make any improvements to the area encompassed by the foregoing license. If the City makes any improvements to said area, the City will be responsible for maintenance of the same in a safe condition. i 2. a. The Parties establish the purposes and uses of the pedestrian and bicycle path (the "Pathway") as follows: The Pathway is intended for multiple use for recreational and non-motorized transportation activities. None of the provisions of this License relieves the pedestrian, the cyclist or user from the duty to exercise due care concerning other users of the Pathway or adjacent land owners. p (a) All Pathway users should maintain their own common or standard lane of travel without impeding travel of other users. (b) Bicyclists and skaters yield to all other Pathway users. (c) Unless otherwise marked, Pathway users are permitted only on paths or paved trails specifically designed for such use. (d) Companion animals are allowed if on a leash no longer than six feet and in ti strict control of its keeper. Keeper shall remove the animal's waste. (e).All users are expected to observe and obey all Oregon State and Pathway traffic, as well as informational, warning, and closure signs. b. General rules enforced on the Pathway are: i. No person shall: w (1) Stand, gather with others upon the Pathway in a manner that obstructs free passage of users of the Pathway; (2) Place, cause to be placed, or permit to remain on the Pathway anything that obstructs or interferes with such area or interferes with the normal flow of users of the r Pathway; (3) Use the Pathway to gain unauthorized access to private property adjacent or otherwise to, the Pathway; I (4) Otherwise use or occupy the Pathway in any manner that violates the Ashland Municipal Code or state and federal laws. 3. The YMCA hereby grants to the City a nonexclusive terminable license to use 7 the existing children's playground equipment installed in the children's ;i playground area on the Property for age-appropriate active play during times not otherwise reasonably scheduled for use by the YMCA, for a period of two J' years following the date of execution of this instrument, i.e. until the 214 day of A V&us3 , 2019, or until APRC locates and completes a children's playground in a park designed to serve the present population of citizens and visitors who now use the YMCA children's playground facility, whichever occurs sooner. The YMCA shall have the right to establish and enforce reasonable and lawful rules regulating the use and times of use for the playground facility and shall r; have the right to exclude from said facility any persons who fail to comply with such rules. As long as the foregoing license remains in effect, the City will have the right to have access to and to inspect the area encompassed by said license and shall have the right to notify the YMCA of any safety compliance or other concerns. 4. As long as either of the foregoing licenses remains in effect, the YMCA will maintain the liability insurance required under Article 6 of the Contract, and the f { i B t 1 parties will each comply with the terms of the indemnification agreement set forth in Article 7 of the Contract. Dated: This A ay of (2, , 2017. YOUNG MEN'S CHRISTIAN ASSOCIATION CITY OF ASHLAND OF ASHLAND dba Ashland Family YMCA I i, r byy by:~ J R Scnl' ST~A Vic Pis dent Joh rns, Interim /City Administrator AP . ED AS TO FORM r Michael Black, Director Ashland Parks & Recreation Ashland Asst..CltyAttormray z STATE OF OREGON ) Cute, , Oi z 2 ~pt~q R~Ve¢f® ~A®! County of Jackson ) ss. This record was acknowledged before me on the 4d of 12017, by-ZAS-d 9TAN..,.. 4 G as Vice President of the Young Men's Christian Association of hland, an Oregon nonp ort c• oration, CffP fV-pcorpo tion. ~E• p KRISTINE BECHTOLD NOTARY PUBLIC-OREGON k COMMISSION NO. 943413 t MY COMMISS1011 EXPIRES OCTOBER 92, 2010 E Notary Public for Oregon i; My commission expires: ZO STATE OF OREGON ) County of Jackson ) ss. I' This record was acknowledged before me on the 6yday of atiaw&-, 2017, by John Karns as Interim City Administrator of the City of Ashland. OFFICIAL STAMP KRISTINE BECHTOLD NOTARY PUBLIC-OREGON No ry Public for Oregon COMMISSION NO. 343493 My commission expires: 0 `Z,2Z PM.cOddizwON EXPIRES OCTOBER 12, 2019 t .S .j STATE OF OREGON ) County of Jackson ) ss. This record was acknowledged before me on the day of 61Aja41W 2017, by Michael Black as Director of Ashland Parks & Recreation. OFFICIAL STAMP KRI[STINE BECHTOLD NOTARY PUBLIC-OREGON tary Public for Oregon COMMISSION NO. 343413 My commission expires: 12,019 MY COAI441SSiON EXPIRES OCTOBER 12, 2019 i r _ G n i First American Title Company of Oregon Public Record Report for New Subdivision or Land Partition Order No. 7169-2801172 i EXHIBIT "A" (Land Description Map Tax and Account) A tract or parcel of land situated in the Southwest Quarter of Section 11, Township 39 South, Range 1 East of the Willamette Meridian, Jackson County, Oregon, being more fully described as follows: Commencing at the Section corner common to Sections 11, 12, 13 and 14, said Township and Range; thence North 780 45' 23" West, 3.435.60 feet to a 5/8 inch iron rod situated in the Westerly right of way of Tolman Creek Road, as said road has been resurveyed and monumented for the true point of beginning; thence leaving said right of way, South 890 57' 36" West 315.08 feet to a found 3/4 inch ! crimped top iron pipe; thence South 890 53' 31" West, 311.27 feet to a 5/8 inch iron rod and being the Northeast corner of that parcel of land first described in that Boundary Line Agreement recorded as Document No. 75-15343, Official Records, Jackson County, Oregon; thence leaving said agreement line, North 000 18' 53" West, 666.31 feet to a 5/8 inch iron rod; thence South 890 31' 33 East, 340.84 feet to a 5/8 inch iron rod; thence South 050 54' 53" West, 415.56 feet to a 5/8 inch iron rod; thence South 880 10' 59" East, 137.42 feet to a 5/8 inch iron rod; thence South 000 19' 18" West, 8.44 feet to a 5/8 inch iron rod; thence East 194.59 feet to a 5/8 inch iron rod situated in the Westerly right of way of Tolman Creek Road, as hereinabove referred to; thence South 000 04' 09" West along said Westerly right of way, 236.52 feet to the point of beginning. Map No.: 39 1E 11CD TL 1700 and 1800 Tax Account No.: 315 Tolman Creek Road s. k 3 [fFs p ff k 3 s gg~ . R iqq 2 g{k AA E 4 a Public Record Report for New Subdivision or Partition Page 2 of 6 (Ver. 20080422) x t k c s i 1