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Home My WebLink About2015-020 Subordination Agrmt - 611 Associates LLC - TAP Jackson County Official Records 2015-003755 R-SA 0211 01201 5 01:21:14 PM Cnt=1 SHINGLJS $25.00 $10.00 $10.00 $5.00 $8.00 Total:$92.00 $11.00 $20.00 $3.00 RECORDING REQUESTED BY: City of Ashland 01655090201500037550050057 20 East Main I. Christine Walker, County Clerk for Jackson County, Oregon, certify that the instrument identified herein was recorded in the Clerk Ashland, OR 97520 records. Christine Walker -County Clerk WHEN RECORDED MAIL TO: City of Ashland 20 East Main Ashland, OR 97520 Space Above This Line For Recorder's Use SUBORDINATION AGREEMENT NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF A LATER RECORDED CONSERVATION EASEMENT INSTRUMENT. THIS AGREEMENT, made this n ) day of cy-; , 20 I$ by 611 Associates LLC, an Oregon Limited Liability Company, owners of the land describ d in Exhibit A attached hereto and incorporated herein (hereinafter "OWNER"), and Evergreen Federal Savings and Loan Association ("Lender"), trustee and beneficiary under that certain deed of trust ("Deed of Trust") dated June 27, 2008 and recorded July 1, 2008 as Instrument No. 2008- 024454 of the official records of the County Recorder of Jackson County, State of Oregon and modified by instruments dated January 6, 2012 and recorded January 13, 2012 as Instrument No. 2012-000897 of the official records of the County Recorder of Jackson County, State of Oregon and further modified by instrument dated October 31, 2014 and recorded October 31, 2014 as Instrument No. 2014-028916 of the official records of the County Recorder of Jackson County, State of Oregon. The land described in Exhibit A shall be referred to as "Property". WHEREAS, OWNER has granted to the City of Ashland, across a portion of the Property described in the Deed of Trust, easements as described in exhibits B-1, B-2 and B-3 recorded on December 18, 2014 as instruments 2014- 033540 and 2014-033539 in the official records of the County Recorder, Jackson County, State of Oregon (the "Easements"). WHEREAS, Lender is agreeing to subordinate the Deed of Trust to the Easements only on the basis that Lender's rights to enforce its lien interest and acquire the Property under the terms of the Deed of Trust, whether by foreclosure, deed-in-lieu or any other means, and any subsequent sale or transfer of the Property by Owner shall not be affected so long as any acquisition, transfer or sale of the Property is made subject to the terms of the Easement. NOW, THEREFORE, in consideration of the above recitals, hereby subordinates the Deed of Trust, Evergreen Federal Savings and Loan Association consents to the execution of the grant of said Easement, and agrees that any acquisition, transfer or sale of the Property made under the provisions of the Deed of Trust, whether by foreclosure, deed-in-lieu or other means, shall be subject to the Easement. Dated: Evergreen Federal Savings and Loan Association / wtl-~ By: Its: , LAW ~ ~ Exhibif "A" Real property In the County of Jackson, State of Oregon, described as follows; PARCEL 1: Parcel 3 of land partition filed for record August 18, 2009 and recorded as Partition Plat No, P-25-2009, Records of Partition Plats In Jackson County, Oregon, and is on file In the Office of the Jackson'County Surveyor as No. 20463. TOGETHER WITH: Beginning at the Northeast corner of Parcel 3 of land partition filed for record August 18, 2009 and recorded As Partition Plat No. P-25-2009, Record of Partition Plats in Jackson County, Oregon and Is on file In the Office of the Jackson County Survoyor as No. 20463, said point being the Southeasterly corner of tract described as Exhibit "C" in the Jackson County Board of Commissloners Vacation Order No. 133-14 filed as Document No. 2014-0f8637, Official Records, Jackson County, Oregon; thence along the Southerly Ilne of sald tract, North 780 33'25' West 211.31 feet to the Southwesterly corner thereof; thence along the Westerly line, along the arc of an 80.00 foot radius curve to the left (the long chord to Which bears North 690 37'30" East 84,36 feet) an arc distance of 88.85 feet; thence North 370 48'25" East 17.33 feet to the Northwesterly corner thereof, Bald point being the Southeasterly corner of that tract conveyed to Jackson County.for Public Roadway In Document No. 2012-042445, said Official Records; thence along the Easterly line of said tract, North 370 481 , 25" East 55.62 feet; thence along the arc of a 29.00 foot radius curve to the right (the long chord to which bears North $20 51' 08" East 15.06 feet) an arc distance of 15.23 feet to the Southwesterly right of way line of Pacific Highway No. 99; thence along sold Southwesterly line, South 520 41' 10" East 140.41 feet to a point of the Northeasterly prolongation of the Southeasterly line of. said Parcel 3; thence along said Northeasterly prolongation, South 370 20':32" West 66.72 feet to the point of beginning. Tax.,L.Qt 1303 PARCEL 2: Commencing at a point at the intersection of the west Me of Donation Land Claim No.. 48 In Township 38 South, Range 1 East; Willamette Meridian, Jackson County, Oregon, with the Southwesterlyright of way line of the relocated Pacific Highway No. 99, said point being 40,0 feet distant from the centerline thereof, measured at right angles from said centerline, sold point also being South 00 27' West 1252.27 feet from the Northwest corner of said Claim; thence South 520 46' East along said right of way line, 1419.55 feet to the most Easterly corner of tract described In Volume 215, Page 7, Deed Records, Jackson County, Oregon; thence South 520 46' East along said right of way Ilne, 325,76 feet; thence South 370 19' 30" West (record South'370 14' West) 60.00 feet to the Northwesterly corner of tract described In Document No. 2012-000903; Official Records, Jackson county, Oregon for the point of beginning; thence along the Westerly line of said tract, South 370.19' 30" West (record South 37014' West) 130.33 feet to the Northerly right of Way 11.66 of the Old Pacific Highway (West Jackson) thence along said Northerly line, ISouth 780 33' 25" East 58,08 feet to the Southwesterly corner of that tract conveyed to Jackson County for Public Roadway In Document No. 2012-042445, said Official Records; thence along the Westerly line of Bald tract, along the arc of a 20.00 foot radius curve to the left (the long chord to which bears North 69113730" 30" East 21.09 feet), an arc distance of 22.21 feet; thence North 370 48'25" East 61.90 feet; thence along the arc of a 29,00 foot radius curve to the left (the long chord to which bears North 070 46134" East 29.03 feet), an arc distance of 30,40 feet to the Southwesterly right of way line of the Pacific Highway No. 99; thence along said Southwesterly line, North 520 41' 10" West 49.73 feet to the point of beginning. Tax Lot 1400 NOTE: This legal description was created prior to January 1, 2008 ar Exhibit 6,1 Page 1 of k File 806-0001-001 11/18/2014 Parcel 1 - Permanent Easement for Water, Sewer and Communication Service Lines, Fixtures and Facilities A parcel of land lying In Donation Land Claim No. 48, Township 38 South, Range 1 East of the Willamette Meridian, Jackson County, Oregon and being a portion of Parcel 3, as shown on the Partition Plat filed In the Office of the Jackson County Surveyor as County Survey No. 20463 and recorded as Partition Plat No. P-25-2009 of the Records of Partition Plats in Jackson County, Oregon, a portion of the vacated right-of-way of West Jackson Road as described in Exhibit "C" of Document No. 2014-018637, recorded July 18, 2014 In the Jackson County Official Records, and a portion of that property described In that Warranty Deed recorded January 13, 2012, as Document No. 2012-000904 In the Jackson County Officlal Records; said parcel being further described as follows; Beginning at the Northeast corner of said Parcel 3 of Partition Plat No. P-25-2009; thence along the southeasterly line of said vacated right-of-way of West Jackson Road as described in Exhibit "C" of Document No. 2014-018637, North 39°15'26" East, 66.89 feet to the southwesterly right-of-way line of Rogue Valley Highway No. 63 (OR 99); thence along said southwesterly right-of-way line, North 51 °06'12" West, 28.08 feet; thence leaving said southwesterly right-of-way line, South 38'51'27" West, 48.95 feet; thence North 73038'33" West, 17.61 feet; thence South 38029'33" West, 35.23 feet; thence North 52'22'16" West, 12.91 feet; thence South 38'53'04" West, 62.72 feet; thence South 51'06'50" East, 22.93 feet; thence South 38'51'27" West, 7.99 feet; thence South 51'08'33" East, 33.62 feet to the southeasterly line of said Parcel 3 of Partition Plat No. P-26-2009; thence along said southeasterly line North 38'62'52" East, 95.01 feet to the Point of Beginning. Bearings are based upon the Oregon Coordinate System NAD83 (2011) Epoch 2010.00, South Zone. This parcel of land contains 6,981 square feet, more or less. ~r Exhibit S'Z Page 2 of 2 File 806-0001-001 11/1812014 Parcel 2 - Permanent Easement for Access Road A parcel of land lying In Donation Land Claim No. 48, Township 38 South, Range 1 East of the Willamette Meridian, Jackson County, Oregon and being a portion of Parcel 3, as shown on the Partition Plat filed In the Office of the Jackson County Surveyor as County Survey No. 20463 and recorded as Partition Plat No. P-25-2009 of the Records of Partition Plats in Jackson County, Oregon and a portion of the vacated right-of-way of West Jackson Road as described In Exhibit "C" of Document No. 2014-018637, recorded July 18, 2014 In the Jackson County Official Records; said parcel being further described as follows: Commencing at the Northeast corner of said Parcel 3 of Partition Plat No. P-25-2009; thence North 74°22'49" West, 61.56 feet to the POINT OF BEGINNING, thence North 51 °06'51" West, 84.03 feet; thence North 41 °24'57" West, 4.60 feet to the westerly line of the vacated right-of-way of West Jackson Road as described in said Exhibit "C" of Document No. 2014-018637; thence along said westerly line along the arc of an 80,00 foot radius curve to the right (the long chord of which bears South 50°51'51" West, 26.47 feet) a distance of 26.69 feet; thence leaving said westerly line South 39°29'13" East, 4.38 feet; thence South 51 006'51" East, 57.91 feet; thence along the arc of an 18.00 foot radius curve to the right (the long chord of which bears South 06°06'56" East, 25.46 feet) a distance of 28.27 feet; thence South 38°52'59" West, 18.72 feet; thence South 51 °06'50" East, 13.86 feet; thence North 38°53'04" East, 62.72 feet to the Point of Beginning. Bearings are based upon the Oregon Coordinate System NAD83 (2011) Epoch 2010.00, South Zone. This parcel of land contains 2,938 square feet, more or less. REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JULY 12, 2005 ARON JAMES CUTSFORTH 55696 RENEW AU DEC. 31, 2015 f EXHI81 T '13"- 3 TAX LOT 1400 DLC 48 T38S RIE WM INNN T L IT HI A SPRINGS, LLC. & 611 ASSOCIATES,LLC DOC. N0.2012-000904 Q (j~ J,q CK So N VA~ArEO 0 yfc RICH L~ qpC ~ofBIT " C" 0F1wAy 20.14,01-963 q} `L c~' • NORTHEAST CORNER PARCEL 3 tip F, J~~Oe 'I`sle •'QP~;:..;~~ ` PART. PLAT NO. P-25-2009 TELECOMMUNICATIONS FACILITY INST. NO. 965 6938T p~~F~~~~~~ v PROPOSED POWER JP~ 5o QP EASEMENTS OpP~~'~ ~G QP N REGISTERED PROFESSIONAL LAND SURVEYOR C i OREGON SCALE 1'= 50' JULY 12, 2005 11ARON JAMES CUTSFORTH LINE TABLE 65696 - 50 25 0 50 RENEWAL: DEC. 31, 2013 FEET LINE BEARING LENGTH CURVE TABLE L I N39° 1 5'26"E 66.89' ARC CHORD CHORD DELTA L2 N51.06'12"W 28.08' CURVE RADIUS LENGTH LENGTH BEARING ANGLE L3 S38°51'27"W 48.95' C1 80.00' 26.59' 26.47' S50°51'51"W 19°02'39" L4 N73°38'33"W 17.61' C2 18.00' 28.27' 25.46' S06.06'56"E 89°59'50" L5 S38°29'33"W 35.23' L6 N52°22'16"W 12.91' LEGEND LT 538.53'04"W 62.72' L8 S51°06'50"E 22.93' Parcel 1 = 6.981 ft2± L9 S38°51 '27"W 7.99' Perm. Ease, for Water, Sewer & Communications L I O S51 "08'33"E 33.62' Service Lines, Fixtures & Facilities LI I N38052152"E 95.01' Parcel2 = 2938 ft2t L12 N51006'51"W 84.03' Perm. Ease. for Access Road L 13 N41 ° 24' 57"W 4.60' L14 $39.29'13"E 4.38' CITY OF ASHLAND L15 S51°06'51"E 57.91' PROJECT TAP EMERGENCY INTERTIE PROJECT L16 S38°52'59"W 18.72' FILE. NO. 806-0001-001 PROJECT NO. 0806-0001.00 LIT S51 °06'50"E 13.86 COUNTY JACKSON COUNTY ~....oft SCALE ; 1"-50' DATES NOVEMBER 18, 2014 smwrmi wa~rta ~uteA°nv ou~oua°°u r i 5 l