4/17/2017 3:54:27 PM
17CV15941

IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF YAMHILL
HARE-LARA MAHESH, PARVATHY Case No. 1133 594 1
MAHESH, and MOMTAZI FAMILY
LLC, DECLARATION OF HARIHARA
MAHESH IN SUPPORT OF TEMPORARY
Plaintiffs, RESTRAININ ORDER AND ORDER TO
SHOW CAUSE
v.
STEVEN WAGNER, MARY WAGNER,
and RICHARD WAGNER,
Defendants.

 

 

I, Harihara Mahesh, declare:

l. I am a plaintiff in the above action.

2. The facts alleged in the Complaint are true.

3. I am developing a 2.5 acre vineyard on the Mahesh Property. Currently, I have
hundreds of new vines in plastic containers waiting to be planted. I had intended to already
plant them, but I cannot go forward if that investment would mean exposing the vines and
grapes to foul-smelling particles that will be generated by the Wagner Marijuana Operation.

4. The Wagner Defendants are already growing marijuana on the Wagner
Property.

4. Attached as Exhibit 1 to this Declaration are screen shots from Richard
Wagner?s Instagram page indicating that he priies a ?sour skunky grapefruit? smell and
?rotten fruit, gas, and notes of tobacco?.

5. Without a restraining order, I expect that the Wagner Defendants will

BROWN, TARLOW, BRIDGES

PALMER, PC

PAGE 1 DECLARATION OF HARIHARA MAI-IESI-I TN 515 E. First Street
SUPPORT OF TEMPORARY RESTRAINING Newberg, Oregon 97132

ORDER AND ORDER TO snow CAUSE Ph: (503) 538-3138 lFax: (503) 538-9812

 

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signi?cantly increase the size and scope of their marijuana growing. and production Operation
without notice or comment by me, their neighbor, and the vines I am trying to grow at the
Mahesh Property will be exposed to foul-smelling particles. If that happens, my new vines,
and any ?nite grapes, will be immediately and irreparably damaged.

6. The Basement over our property, and which is described in the Complaint, is
the last of several easement segments used by the Wagners to access their property from the
highway. The easements ?down stream? closer to the highway), which both the Wagners
and I must use to get to or from the highway do not permit heavy commercial/industrial uses.
An example of one of the easements, which covers the roadway immediately
south of our Property, is attached hereto as Exhibit 2. That easement was created in 197 7 . Use
of that easement for a marijuana production or processing facility was obviously not
anticipated and could not have been reasonably anticipated in 1977. In addition, neither my
wife or I ever had reason to believe that the Wagneis would attempt to use the roadway access
over our property for a marijuana production or processing facility.

I hereby declare that the above statement is true to the best of my knowledge and

belief, and that I understand it is made for use as evidence in court and is subject to penalty for

 

resurr-
Dated April 2017
HAR MAHESH
BROWN, TARLOW, BRIDGES
PALMER, PC
PAGE 2 DECLARATION OF HARIHARA MAHESH IN 515 E. First Street
SUPPORT OF TEMPORARY RESTRAINING Newberg, Oregon 97132

ORDER AND ORDER TO SHOW CAUSE Ph: (503) 538-3138 Fax: (503) 538-9812

 

 

   
  
     
    
 
    

 

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DRIED: November I . 1977.
EMIES . AWESSES 

are nesrcunrrous: Van w. Keck and Glenda n.~xeek, Box 21in.

Route Oregon 97123, herein-
after referred to as 'Grantor'.

John N. Nelson, P. 0. Box 331, Forest Grove.'
Oregon 97116. hereinafter referred to as
'Grantee'.

In consideration of the sum of $10.00, van H. Keck and Glenda-n.
Keck. Grantor, conveys to John H. Nelson. his heirs, successors,
and assigns, Grantee, a perpetual nonexclusive easement to use a
strip of land more particularly described in Exhibit A which is

attached hereto and incorporated as if set forth verbatim
point located across the property of Grantor more particularly

described in Exhibit which is attached hereto and incorporated

as if set forth verbatim herest.

The terms of this easement are as followsg?:
l. Grantee, his agents. independent contractors, and invitees

shall use the easement strip for road purposes only (excluding

heavy hauling of the type described in paragraph Zl'for access to 
the property described in Exhibit and in conjunction with such use
may construct, reconttruct. maintain and repair a road thereon.

2. Grantor reserves the right to use, construct, reconstruct, and
maintain the road located upon the easement strip for purposes of
access for forest management and heavy hauling of timber, rock or
equipment. Grantor may grant_use rights for such use to third

parties. The parties shall cooperate during periods of joint use
so that each party's 

the others, however, in case of conflict Grantor's rights of use
shall be dominant.

indemnify and defend Grantor from any Loss,

3. Grantee agrees to
manner out of Grantee?s

claim, or liability to Grantor arising in any
use of the easement strip. Grantee'shall pay Grantor for any mer?
chantable timber or other property of Grantors damaged by Grantee's
use of the easement strip and Grantor shall have no liability to
Grantee or others for any condition existing thereon.

4. This easement sha11.he perpetual; however, in the event that it
is not used by Grantee for a period of three years. or if otherwise
abandoned by Grantee. the easement shall automatically expire and
Grantee shall upon request execute a recordable document evidencing
such expiration.

5. This easement is granted'gfhject to all prior easements or en?
cumbrances of record. 1' -

.Inf-

Page 1. Basement

 
  
 
  
 
  
   
    
  
  
 
 
 
  
  
   
   
 
 
  
 
  
   
 
  
 
    

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6.
appurtenant is attached he
as if set

IN WITNESS manor, the pa
executed the day and year

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4'11. :if'l?y' "/139/4

Van W. Keck, Grantor .

STATE OF OREGON,
Pensonally appeared the above-named Van

and acknowledged
not. Enid '?eOd.

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the foreq

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Page 2. Easement

   

 

A description of Grantee's property to

Mr 

County of Washington) 55.

the?totegoing instrument to be_his voluntary act and 

which this easement is
reto marked Exhibit and incorporated

forth verbatim bereat.

rties have. caused this instrument to he
first above written.

  
   

Fzg?'zn?ig?f 21. 1977
w. Rec and Glen a R. neck.

oing instrument to be their voluntary

 

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1" 2 Liz 1/1/11.? 2? 
otary Publ 1c for Oregoxy 
?kg-?u 3?26 My commission expires: 1 
-. - 
OREGON, County of Washington) as. J?i? . 197?)
Personally. appeared the above-named John W. Be son and! owledged

I
In 0 I I XI.

Notaty 1c 01' pregon
My commission expires: sync-Id



EXhibit 2 - Page 792.1%. -. 1' . A

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?mui? m1 331:

EXHIBIT A

Easement and right of way ovenupon and across:

The East 60.00 feet of tract as described in Volume 94,
page 675-. Deed of Yamhill County, Oregon, and being situated
in the Southwest one-quarter: of the Southwest one-quarter of Section
10, Township 5 South, Range 5 West, Willamette Heridian, Yamhin.

County, Oregon{Jilin-+13A.-.

 

 

    

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man a

Part of Sections 9 and 10 in Township 5 South, Range 5 and: of the
Willamette Meridian, Yamhill County. Oregon.

Beginning at the Southeast corner of said Section 9, thence East.
400 feet: thence North 640 feet: thence West 2,380 feet} more or
less to the East line of the West half of the West half of the
Southeast quarter of said Section 9: thence South 640 feet to the
South line of said Section 9: thence East along said section line,
1980 feet, more or less to the point of beginning"11112? 283 -

A tract of land situated in the West one?half of the South-

9 west onewquarter of Section 10, Township 5 South, Range 5 Nest

Willamette Meridian, Yamhill County, Oregon, and being more partie-

1 A ularly described as follows: 

- . Beginning at-a 5/8? iron rod at the Northeast corner of

3 Tract #1 as described in Volume 94, page 475, Deed Records'of Yemhill
5 . County, Oregon, said'point being East 400.00 feet and North 1' 00'

47' East 640.00 feet from the Southwest corner of Section 10.

Township 5 South,.genge 5 West; thence from said point of beginning

5 ~West, along the-North line of said tract. 115.00 feet to a 5/8'
iron rod which is 285.00 feet East of the Nest line of said_Section
10; thenCe North 47' East, parallel to said Nest line of
Section 10, 964500 feet to a 5/8' iron rod: thence East 982.35 feet
to a.5/B' iron rod: thence continuing East 39.65 feet to the East
line of the West one-half of the Southwest one-quarter of said Section
10: thence South 1? 00' 47' West. along said.Ea5t line 582.50 feet
to a point from which an iron rod bears West 46.97 feet: thence

Nest 46.9? feet to said_5/8' iron rod: thence continuing Nest 400.03
feet to a 5/8' iron rod: thence South 1' 00' 41' west. parallel to
the Nest line of said Section 10, 511.50 feet to a 5/8' iron rod1'
thence Nest 460.00 feet to a 5/8" iron rod on the East line of
above said Tract t1; Thence North 1'-00'147' East, along said East
line; 130.00 feet to the'place of beginning.

Together with the following described easement and right

EXHIBIT 

   
    

 

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Beginning at a point on the apparent centerline of .
County Road.#431, said point Being South 2672.21 feet and East 1369.01 -
feet from'the-Northwest corner of Section 15._Township 5 South,

Range 5 west. Willamette Meridian, Yamhill County. Oregon: said
easement and right of way being thirty (30) feet in width, fifteen

{15) feet on each side of the certerline, except the first 450.00

feet of which is 20.00-feet in width, the boundaries of said right

of way being extended or shortened at the angle points and property
lines to form a continuous boundary. said centerline following an
existing road and being more particularly described as follows:

 

Thence North 11' 15' West 450.00 feet:
Thence North 2' 29' 54' West 50.70 feet:
Thence North 0' 00' East 153.00 feet:



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Thence North 15? 17' 49' west 104.62 feet:
Thence North 21' 52'=Nest 105.25 feet!
Thence North 0' 57' 15' Neet'40.00 feet:
Thence North 47? 00' 41' East 90-86.feet;
Thence North 1' East 79.03?feet3?
Thence North 0? 55' 11' West 135.20 feet:
Thence North 1' 06? 58' West 285.69 feet:
Thence North 16' 47' 05' west 12.22 feet:
Thence North 25' 45' 13' West 74.30 feet;
Thence North-40' 27' 20' West 98.01 feet:
Thence North 46' 27? 27' West 160.78 feet:
Thence North 51' 50' 04' West 90.48 feet;
Thence North 61' 57' 11' West 35.88 feet:
Thence North 73' 00' 48' West 183.22 feet:

 
   

 

 

 

Thence North 64? 06! 56" West 73.70 feet: 
Thence North 51' 39? 33' West 72.31 feet; 
3 Thence North 41" 15' 55?- West $3.33 feet; 5:31EXhibit 2 - Page 5 of 6 .

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Thence North 30' 15?
Thence North 19? 10'
Thence North 8' 02'

to a point from which the northwest corner of Section 15 bears Nest
415.00 feet} Thence continuing along said roadWay. across the East
60.00 feet of tract #1 as described in Volume 94. page 475, Deed
640.00 feet to a
North line of said tract 01. said point being West 45.00 feet fron-
the Northeast corner of said tract said point also being on the
South line of the above described 
westerly Southwest corner hears West 70.00 feet.

Reserving the-following described easement and right of
way, being thirty (30) feet in width, Eifteen
of the centerline, the boundaries of said right of way being ex- F.
tended or shortened at the angle points to form a continuous hound- 
being more particularly described as follows:

Beginning at a point on the South line of the above described
tract of land from which a 5/8' iron rod at the most westerly South?

Records of Yamhill County, Oregon.

ary,

west corner of the above described
fact: 

Thence North 1' 00' 47'
Thence North 24? 02'
Thence North 53? 24' 44'
Thence North 80' 48'
Thence gouth 68' 06' 45'
Thence South 29? 19' 43'
Thence South 76' 51' 57'
Thence North 359 32' 15'
Thence North 3? 31' 37?
Thence North 12' 19'
Thence North 9? 52'

to a point on the North line of said tract of land from which the
Northwest corner thereof bears west 737.22 feet. .

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32' West 66.74 feet:
39' West 55.91 feet;
21' West 526.00 feet;

ract of land from which the nest

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point an the
(15) feet on each side

tract of land hears west 70.00

East 235.82 feet;
East 552.57 feet: - 
East 94.76 feet:
East 90.35 feet:
East 90.58 feet:
East 131.58 feet:
East 61.66 feet:
Bast 60.22 feet:
West 72.30 feet:
East.85.0l feet:
East 127.56 feet


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