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Home My WebLink About1986-041 Bargain & Sale Deed - Christian Asso.'Corpor~te!~ ................ ~ ......... BARGAIN AND SALE DEED KNOW ALL MEN BY THESE PRESENTS, That ..... Young___Men ' s Chr±st-[an ._As s__O c__i a__~ i _o_._n____9~__ A_s_.h_!__an__d__t____9.r_e_g_0..n_ ..................................................... hereinafter .called grantor, for the consideration hereinafter stated, does hereby grant, bargain, sell and convey unto ......... . City 0.~ Ashla_n~,.. hereinafter called grantee, and unto grantee's heirs, successors and assigns all of that certain real property with the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, situated in the County of Jac]~s_°~ ....... , State oI Oregon, described a~~~it( in Exhibit A set forth below , subject to all encumbrances of record and also subject to the following encumbrances, conditions, and reservations: _ . . - EX ),~ ~'~ 'r ~ ', - ..... /% tract or parcel .of land situated in the Southwest quarter lownship 39 $0uthl Range 1 East of the Willamette Base and ~ridian, Jackson County, Oregon and being more fully described as follows: Commencing at the section corner common to Sections ll, 12, 13, and 14, said Township and Range; thence North 78°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 89o57'36'' West, 315.08 feet to a found 3/4 inch crimped top iron pipe; thence South 89°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 by Agreement, recorded as Document No. 75-15343 of the Official Records of Jackson County, Oregon; thence leaving said agreement line, North 00°18'53'' West, 666.31 feet to a 5/8 inch iron rod; thence South 89°31'33'' East, 340.84 feet to a 5/8 inch iron rod; thence South 05o54'53'' West, 415.56 feet to a 5/8 inch iron rod; thence South 88°10'59'' East, 137.42 feet to a 5/8 inch iron rod; thence South 00°19'18'' West, 8.44 feet to a 5/8 inch iron rod; thence East, 194.99 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 00o04'09'' West along said Westerly right of way, 236.52 feet to the point of beginning. (IF SPACE INSUFFICIENT, CONTINUE DESCRIPTION ON REVERSE SIDE) To Have and to Hold the same unto the said grantee and grantee's heirs, successors and assigns forever. The true and actual consideration paid for th/s transfer, stated in terms of dollars, is $ .AI O~E. .... (gHowever, the actual consideration cons/sis of or includes other property or value given or promised which is the whole ~ consideration (indicate which).~ (The sentence between the symbols (D, it not applicable, should be deleted. See ORS 93.030.3 In construing this deed and where the context so requires, the singular includes the plural and all grammatical changes shall be implied to make the provisions hereof apply equally to corporations and to individuals. In Witness Whereo£, the grantor has executed this instrument this ~'~. day of (~ C T-O._~) ~ , 19 .~. ; ii a corporate grantor, it has caused its name to be signed and seal affixed by its officers, duly authorized thereto by order o£ its board of directors. YOUNG }~I~N ' F~ CHRISTIAN ASSOCIATION THIS INSTRUMENT WILL NOT ALLOW USE Of THE PROPERTY DE- . OF AS~_~_(_}%uz~cr~,, SCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND __~___~..~ USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING ~]~,z_..-_ ............... "x'i ............................... THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR <President . /~' // ) COUNZY PLANNING DEPaRTMENt TO VERIFY approved USES. B~.; ...... ~.Zt[,~.~,~,~-.~/-f.C.:_x_%~_i~L___-_/.~___~_~_-~.~_~ .................. (if the signer of the above is a corporation, Secr~ c~ry use the form of acknowledgment opposife.) [ORS 194.570) o o oo ,countyof. .. )ss. County of Jackson . ) The foregoing instrumen~ was acknowledged before me this The foregoing instrument was acknowledged beiore .......... president, an~,4~L6-~g~8...e ~ ,'~' ~' , My commission expires: My commission expires: -! ~ .... ... _ ~-- ~ ~:'/ ~.; ~07 ::. ~:~i~;x~c~:~J bx~g~por~t~n, GRANTOR'S NAME AND ADDRESS GRANTEE'S NAME AND ADDRESS After recording return to: NAME, ADDRESS, ZIP Until a change is requested all tax statements shall be sent to the following address. NAME. ADDRESS. ZiP SPACE RESERVED FOR RECORDER'S USE STATE OF OREGON, lss. Coun fy of .......................................... J Xi certify that the within instru- ment~as received for record on the .......... aa~oi ...... / .......................... , 19 ......... at ._.__._,_.;._~,o'c~, ck ...... M., and recorded in book/reel~/~lume No ....................... on page ............ /___...~. or as fee/file/instru- ment /micro/ilm / r~ception No ................. , Record o/peeds of said county. Witness my hand and seal of County affixed. NAME TITLE By .................................................... Deputy 340 84 - ~...N. 89o 09' i 9"W. Z89.69' - - \ 3, FrJ ~ ~/4" t Pin.., '~ "/~ brs N.89°09' 19.'w 265' '1 ' ~'., :~ . '. "' ' ~ ~* · ' ' ' d ' 'i" · .."? ,;~ ' . ' "~,~ ' '" ~-". '~ '."~".i I ' ' ~- . - , ' , ,~ /~ t~L-. ~"~ '~ ~' .;,,~ .,,,.~.:.,.-.,.. ~.'..~.- :..: -. . . ,., ,. ... . ; · . '"'":% U R LIN BY " -.,.,. .,:,... . _ , -,- {~ :'.:~ :'5 ', a.89~3;31,,~.-" 3i!.27' s.89;57,36,,~. 315.08' Found 3/4" I~on Pipe, This point bears ~.78°45'2 --- 3,435.60' f~om the section corner co~n to Sections 11, ;',,,, ! p,nched top ,' ~, -' 12, 13 & 14 ,-,, lo S.00°21 '05"~. ~ ~_IO w , ~ o 126.27' ~ ' ;/N. 89057' 36"E. 315.70' - _ ~ / ~ ~ -, , , proposed , ,, , ~ ~ BOUNDARY LINE AGREE~ENT-'r'. ,' m m~ · ,, ', S.00°04'09"W.~ m / ~ 126.27' " ~ 4.021 Acres_ , fl) .--' o I I I m ,-- N.89o54,06"W. 313.9 .... ~ '~-. LINE ..... ~ '... ..... LIMITS ............ I PROFESSIONAL I ~ .lUCY B, 1968 I ~ 75g GREEN SPRINGS '1 HIGHWAY , tI ,~X ~ .... SECTION LINE '" 1000 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 and being more fully described as follows: Commencing at a found iron pipe with a bronze cap situated at the Southeast corner of Section 11, said Township and Range; thence North 80- 29' '41" West, 4051.67 feet to a found 5/8 inch iron rod situated in that Boundary Line by Agreement recorded as Document No. 75-15343 of the Of£icial Records of Jackson County, Oregon, and being referred to in said document as found per Recorded Survey No. 5613, said iron rod-being the True Point of Beginning; thence South 00" 42' 02" Wes~ along said agreement line, 269.38 feet to a 5/8 inch iron rod; thence leaving said agreement line, South 89" 52' 39" East and parallel to the relocated Green Springs Highway as shown on the Oregon State Highway Map No. 9B-8-22, dated March 1971, a distae, c~ ot [10.Ol feet to a 5/8 inch iron rod; thence South 00" 42' 02" ${est, [04.00 feet; thence South 89" 52' 39" East, 66.37 feet; thence along the arc oK a 54.462 foot radius curve to the left, the radial bearings "in and out" are North 73" 44' 43" East and South 60" 07' 22" West (the central angle is 13" 37' 21") 12.95 feet; thence along the arc of a 54.462 foot radius curve to the right, the radial bearings "in and out" are South 60" 07' 22" West and South 89" 17' 58" East (the central angle is 30" 34' 40") 29.065 feet to a 5/8 inch iron rod; thence South 00" 42' 02" West, 75.87 feet to a 5/8 inch iron roe]; thence along the arc of a 82.473 foot radius curv~ to the right, the radial bearings "in and out" are North 89" 17' 58" West and South 61" 24' 58" East (the central angle is 27" 53' 00") 40.135 feet to a 5/8 inch iron rod; thence along the arc of a 82.473 foot radius curve to the left, the radial bearings "in and out" are South 61" 24' 58" East and North 89" 17' 58" West (the central angle is 27" 53' 00") 40.135 feet to a 5/8 inch iron rod; thence South 00" 42' 02" West, 53.53 feet to a 5/8 inch irdn rod situated in the Northerly right of way line of the relocated Green Springs Highway, as hereinabove referred to; thence South 89" 52' 39" East along said highway right of way line, 145.03 feet to a 5/8 inch iron rod situated at the South-Southeast corner of Parcel No. 3, as shown on that Minor Land Partition ~lled for record the 28th day of September, 1981 at 4:17 P.M. and recorded in Volume 4, Page 68 of "Minor Land Partitions" in Jackson County, Oregon; thence leaving the Northerly highway right of way line, North 00" 21' 05" East along the Easterly boundary line of said Parcel~.~No. 3,_a_distance of 368.06 feet_to_a_.5/8 inch iron rod; thence North 89" 57' 36" East, 316.32 feet to a 5/8 inch iron'rod situated at the East-Southeast corner of said Parcel No. 3 and being common with the Westerly right of way line of Tolman Creek Road, as said road has been resurveyed and monumented; thence North 00° 04' 09" East along the Westerly right of way of said road, 126.27 feet to a 5/8 inch iron rod; thence leaving said Westerly right of way, South 89" 57' 36" West, 315.70 feet to a 5/8 inch iron rod: thence [4orth 00" 21' 05" East (deed record 126.27 feet) 126.27 feet to a found 3/4 inch pinched top iron pipe situated at the North-Northeast corner of said Parcel No. 3; thence ~ South 89° 53' 31" West, 311.27 feet to the point of beginning. , 86-19956 MAINTENANCE AND USE AGREEMENT The parties to this agreement are the Ashland Family YMCA, hereafter referred to as YMCA; the Ashland Parks and Recreation Commission of the City of Ashland, Oregon, hereafter referred to as the Park Commission; and the City of Ashland, Oregon. Whereas, the YMCA has agreed to dedicate to the City of Ashland, Oregon, certain real property described in Exhibit A attached hereto for use as a city park under the control and management of the Park Commission as provided in Article ×IX, Section 3 of the Charter of the City of Ashland, Oregon, hereafter referred to as the Park; Whereas the YMCA operates various programs consistent with its tax exempt purposes as a nonprofit organization hereafter referred to as YMCA Programs; and Whereas, the Park Commission intends to construct improvements upon the Park in two phases, hereafter referred to as Phase I and Phase II upon segments of the Park as outlined on the diagram attached hereto as Exhibit B; Now, therefore, the parties agree as follows: 1. Within one year after the date of this agreement the Park Commission shall complete the following improvements upon Phase I: a. install functioning irrigation system connected to the existing well on the property to be upgraded with pump to be installed and connected to irrigation system adequate to irrigate all playing fields indicated on diagram. -1- Agreement b. ~ill, level, and ~lant grass seed suitable for mult±-purpose playing f±elds, including suitability for soccer, in area indicated on diagram. c. Construct multi-purpose building including restrooms, concession and storage in area indicated on diagram. d. Develop unpaved parking area for a minimum of cars and landscaping to meet applicable city codes and irrigation system for landscaping where indicated on diagram. 2. The Park Commission shall use reasonable, good faith efforts to complete the following improvements upon Phase II within two years after the date of this agreement, provided if the Park Commission is unable to perform its obligations under this subparagraph regarding Phase II within said time due to unforeseen circumstances beyond the control of the parties to this agreement, then the Park Commission shall use reasonable good faith efforts to complete the following improvements upon Phase II as soon as practical and in no event later than three years after the date of this agreement: a. Develop upper field area for multi-purpose playing fields including suitability for soccer. b. Pave parking area and install playground equipment and picnic area so as not to interfere with use of playing fields. 3. By January 1 of each year, commencing January 1, 1987, the YMCA shall submit to the Park Commission, in writing, a schedule of YMCA programs for the calendar year commencing on -2- Agreement January I of that year to be carried out by the YMCA in the Park, specifying the dates and hours of such programs and the nature of such programs. By Pebruary 1 of each year the Park Commission shall approve usage of the Park by the YMCA on the dates and times set forth in the schedule submitted by the YMCA for the programs described in such schedule. Approval of such schedule shall not be unreasonably withheld by the Park Commission based upon the public interest provided that the YMCA shall be given preferential treatment, after Parks and Recreation Commission use, in scheduling use of the park, in consideration of the gift of the land. The Park Commission shall not authorize any other person or entity to use the playing fields or multi-purpose building in the Park during the times approved by the Park Commission for use of such playing fields and building by the YMCA. The YMCA shall have the exclusive right to use the playing fields and multi-purpose building in the Park during the times approved by the Park Commission for use by the YMCA. The YMCA is authorized to place a notice, in the Park informing the general public that during certain times approved by the Ashland Parks and Recreation Commission the YMCA shall have the exclusive right to use the playing fields and multi-purpose building. 4. The Park shall be administered by the Park Commission as a City Park, and the YMCA shall have the right to use the Park on the same basis as any other person or entity during those times when the YMCA does not have the exclusive right to use the playing fields and multi-purpose building, provided, however, -3- Agreement that there shall be no fees or costs charged to the YMCA or by the YMCA for use of the Park or any park playing fields or facilities at any time, in perpetuity. The YMCA shall have the right to use the playing fields, park and facilities in the park at no cost to the YMCA in perpetuity for YMCA programs during all times when such use is approved by the Park Commission. 5. During all times when the YMCA uses the park or playing fields in the park or park facilities for any YMCA programs or purposes, the YMCA shall hold the Park Commission and City of Ashland harmless from any and all claims arising against the Park Commission or the City of Ashland and its employees, officers, and officials for any injuries or damages sustained by any person, other than employees, officers and officials of the Park Commission or City of Ashland, arising as a result of the use of the Park by the YMCA and due to any cause other than the negligence of the City of Ashland or the Park Commission or its employees, officers or officials. 6. The Park Commission shall maintain the park and the playing fields suitable for soccer as long as the YMCA maintains a soccer program and facilities in the Park. 7. The YMCA shall exercise reasonable care to supervise its use of the Park in a reasonable manner. 8. The YMCA shall have the right to store athletic equipment and supplies in the multi-purpose building in an area designated by the Park Commission during the YMCA usage schedule as approved by the Parks Commission. -4- Agreement 9. The YMCA shall have the right to leave portable soccer goals on the site in the Park throughout the year in perpetuity· 10. The YMCA shall have the right to "line" soccer fields on the playing fields in the Park from time to time in perpetuity. 11. The name of the Park shall be "Ashland YMCA City Park·" 12. The City of Ashland shall co-operate with the Park Commission in the performance of its obligations hereunder and shall not unreasonably withhold any approval or consent required from the City of Ashland and needed by the Park Commission to perform its obligations hereunder. In the event of the inability of the Park Commission to perform its obligations hereunder, the City of Ashland shall assist the Park Commission in the performance of its obligations hereunder. Dated this 'i~ day of ~]0~ ~c 1986 ASHLAND PARK COMMISSION CITY OF ASHLAND, OREGON -5- Agreement CO:~SULTING SURVE~O A.~(, ( v~ Oregon - Washington 482-431i SWAIN SURVEYING, INC. 271/2 North Main Street Ashland, Oregon 97520 BOUNDARY LINE AGREEMENT A tract or parcel of land situated in the Southwest quarter of Section ll, Township 39 South, Range 1 East of the Willamette Base and Meridian, Jackson County, Oregon and being more fully described as follows: Commencing at the section corner common to Sections ll, 12, 13, and 14, said Township and Range; thence North 78°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 89057'36'' West, 315.08 feet to a found 3/4 inch crimped top iron pipe; thence South 89°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 by Agreement, recorded as Document No. 75-15343 of the Official Records of Jackson County, Oregon; thence leaving said agreement line, North 00°18'53'' West, 666.31 feet to a 5/8 inch iron rod; thence South 89°31'33'' East, 340.84 feet to a 5/8 inch iron rod; thence South 05o54'53'' West, 415.56 feet to a 5/8 inch iron rod; thence South 88°10'59'' East, 137.42 feet to a 5/8 inch iron rod; thence South 00°19'18'' West, 8.44 feet to a 5/8 inch iron rod; thence East, 194.99 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 00o04'09'' West along said Westerly right of way, 236.52 feet to the point of beginning. YMCA 1952 Ashland St. Ashland, OR 97520 Total outer boundary of YMCA as monumented. July 23, 1986 ': ..--N 89'~$1 35"W. '~ a0,8,4' f - _ _ ~ Fd I I/4" l, P~n..,' brs. N. 89°09' 19"W. 26.5' .'.' ,; ~' ' , .... , , · ~ ~ ,~ . , · ~,,'.-. EAST" 194.99~-. .,:~',':~ , ', -;, , / . - ~& ....... ,.,, . . ,:, . . .... , ' Pm'":'--':" ' :" E,':' LIN~ ~Y -,.. .- ' , . ' ~'E, U E~N T,';.' '"' "' J ' rJ.',~ ,, . ........ ~ ;t.,, .., r: . ' , ' - ~-- -'--~ I~'~''''"'~~': ' ' ;~;'. 't~'~,;~?:'~'~"~:L??:;~:.::,:.:''~} ? ? :~ :. ~~;~,,' ~' ' F'~"-'3~ 5. o8' Found 3/4" [ton P1pe,{~ This point bears N.78°45 pinched top '--'~ 3,435.60' f~om the section I ,...- N.89°54'O6"W. S.00°21 ' 05"W. 126.27' proposed BOUND^R¥ I_IN£ ^GR££M£NI-;'-. 4.021 ^cres LaND corner common to Sections 11, 12, 13 & 14 89057, 36"E. 315.70' ~ S.O0O04,09"W.r 126.27' GREEN SPRINGS 313.9' '- S.89o57,36,,W. 0 t 316.32 ' Jackson County, Oregon l:bco~dod OFFICIAL RECOrdS HIGHWAY lINE-'