1
2
3
4

IN THE CIRCUIT COURT OF THE STATE OF OREGON

5

FOR THE COUNTY OF MARION

6

Civil Department

7
8

CREEKSIDE HOMEOWNERS
ASSOCIATION, INC., an Oregon non-profit
corporation,

9
10
11

Plaintiff,
v.

13

CREEKSIDE GOLF COURSE, LLC, an
Oregon limited liability company, d/b/a
CREEKSIDE GOLF CLUB; CREEKSIDE
GOLF OPERATIONS, LLC, also d/b/a
CREEKSIDE GOLF CLUB,

14

Defendants.

12

15
16

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

Case No.
COMPLAINT
(Declaratory Judgment - CCR's; Breach of
Covenant - Anticipatory; Quiet Title Equitable Servitude; Injunctive Relief;
Attorney Fees)
Filing fee of $252 per to ORS 21.135
CLAIMS NOT SUBJECT TO
MANDATORY ARBITRATION

Plaintiff for its Complaint alleges as follows:

17

1.

18

Plaintiff Creekside Homeowners Association, Inc. (herein, as appropriate, either

19

"Plaintiff" or "the Association") is an Oregon non-profit corporation, having as its members lot

20

owners in the Creekside PUD, which is authorized to initiate litigation pursuant to ORS 94.630

21

in matters that affect the common interest of the owners.

22

2.

23

The Association is subject to the Oregon Planned Community Act, ORS 94, et seq.,

24

where not in direct conflict with the recorded declaration of covenants, conditions and

25

restrictions governing the Association.

26
27
28

3.
The Association was formed in conjunction with the development of a residential planned
urban community ("Creekside PUD") and real estate subdivision platted in Marion County,
VIAL FOTHERINGHAM LLP
PAGE 1 – COMPLAINT
17355 SW Boones Ferry Rd., Suite A
Lake Oswego, OR 97035
Phone: 503-684-4111
Fax: 503-598-7798
P14722-003

 1

Oregon, generally located in the southwest area of the City of Salem. Creekside PUD consists of

2

16 separate platted phases, and 2 re-plats of portions of two prior phases, all known as:

3

1)

Golf Club Estates at Creekside P.U.D. -- Phase 1;

4

2)

Golf Club Estates at Creekside P.U.D. -- Phase 2;

5

3)

Golf Club Estates at Creekside Phase 4 P.U.D.;

6

4)

Golf Club Estates at Creekside Phase 5 P.U.D.;

7

5)

Golf Club Estates at Creekside Phase 6 P.U.D.;

8

6)

Golf Club Estates at Creekside Phase 6A P.U.D.;

9

7)

Golf Club Estates at Creekside Phase 6 P.U.D. a Replat of Lots 217 through 220
and Common Area;

10
11

8)

Golf Club Estates at Creekside Phase 7 P.U.D.;

12

9)

Golf Club Estates at Creekside Phase 8 P.U.D.;

13

10)

Re-Plat of Lots 349 and 350 Golf Club Estates at Creekside Phase 8 P.U.D.;

14

11)

Golf Club Estates at Creekside Phase 9 P.U.D.;

15

12)

Golf Club Estates at Creekside Phase 10 P.U.D.;

16

13)

Golf Club Estates at Creekside Phase 11 P.U.D.;

17

14)

Golf Club Estates at Creekside Phase 12 P.U.D.;

18

15)

Golf Club Estates at Creekside Phase 13 P.U.D.;

19

16)

Fairway One at Creekside P.U.D.;

20

17)

EcoWest at Creekside P.U.D.; and

21

18)

Skyline at Creekside.

22

At present, there are 588 developed single family homes located within all 18 of these plats of

23

the Creekside PUD. At present, development within some of the later phases continues.
4.

24
25

Creekside Golf Course is real property consisting of an 18-hole golf course, inclusive of

26

fairways, greens, tee-boxes, driving range, clubhouse, and service buildings, collectively called

27

"the Course," adjoining, interspersed, and fully-encircled by and among the residential lots of the

28

Association. There are approximately 136 acres, more or less, underlying the Course. The
PAGE 2 – COMPLAINT

VIAL FOTHERINGHAM LLP
17355 SW Boones Ferry Rd., Suite A
Lake Oswego, OR 97035
Phone: 503-684-4111
Fax: 503-598-7798
P14722-003

 1

Creekside Golf Course real property has at all relevant times been owned and operated by the

2

Creekside PUD developer, its successors-in-interest, and now, the Defendants, and is further

3

contained within the legal description attached hereto as "Exhibit A" to be incorporated herein by

4

this reference.
5.

5
6

Defendant Creekside Golf Course, LLC, an Oregon limited liability company, is the

7

present owner of the Course. Defendant Creekside Golf Course, LLC, does business as or

8

otherwise holds itself out as "Creekside Golf Club." In addition to others, Creekside Golf

9

Course, LLC, is the successor-in-interest to the developer of Creekside PUD, the promoters of

10

the Association, and the sellers of residential lots therein to Association members.
6.

11
12

Upon information and belief, there are now members of Creekside Golf Course, LLC,

13

who either were or are presently shareholders or partners in the predecessor-in-interest entities

14

that developed Creekside PUD, promoted the Association, and the sold residential lots therein to

15

Association members or building contractors for subsequent sale to Association members.
7.

16
17

Defendant Creekside Golf Operations, LLC, an Oregon limited liability company, is the

18

present operator of the Course. Defendant Creekside Golf Operations, LLC, also does business

19

as or otherwise holds itself out as "Creekside Golf Club." Upon information and belief,

20

Defendant Creekside Golf Operations, LLC has either a contractual relationship with Defendant

21

Creekside Golf Course, LLC or has ownership in common with Defendant Creekside Golf

22

Course, LLC, such that two entities together control, manage and operate the Course.
8.

23
24

Defendants' predecessors-in-interest to the Course represented, promised, developed and

25

sold lots in the Creekside PUD as part of "the Jewel of the Willamette Valley'' and as

26

neighboring an "18-hole golf course." Advertised amenities included the use, views and common

27

benefits of residing adjacent to, and interspersed with a high quality golf course, and open space,

28

which enhanced the quality and livability for Association members in the Creekside PUD.
PAGE 3 – COMPLAINT

VIAL FOTHERINGHAM LLP
17355 SW Boones Ferry Rd., Suite A
Lake Oswego, OR 97035
Phone: 503-684-4111
Fax: 503-598-7798
P14722-003

 9.

1
2

The Creekside PUD, the Association, and the Course are all governed by that certain

3

instrument titled "Declaration of Covenants, Conditions and Restrictions of Golf Course Estates

4

at Creekside," which was recorded in the Real Property Records of Marion County, State of

5

Oregon, on August 26, 1992, as Book 982, Page 273 (hereinafter "Creekside Covenant"). A

6

true and correct copy of the Creekside Covenant is attached hereto as "Exhibit B" to be

7

incorporated herein by this reference.

8
9

For its First Claim for Relief, Plaintiff alleges:

10

FIRST CLAIM FOR RELIEF - DECLARATORY RELIEF

11

10.
Plaintiff realleges and incorporates the allegations of paragraphs 1 through 9 herein.

12
13

(Count One - Creekside Covenant)

14

11.

15

Except for the Creekside Covenant, there is no recorded instrument setting forth the

16

rights, title and beneficial interest, if any, of the Plaintiff to the Defendants' real property

17

described in "Exhibit A". Pursuant to ORS 28.020, Plaintiff seeks a declaration of Plaintiff's and

18

Defendants' rights and obligations under the Creekside Covenant.
12.

19
20

Plaintiff seeks a declaration from the Court that the Creekside Covenant provides for the

21

following express restrictions concerning the Course, and further creates enforceable rights

22

benefitting Plaintiff:

23
24

(a)

The present owner -- and any and all successive owners -- of the Course are

bound by the Creekside Covenant;

25

(b)

The boundary lines of the Course cannot be altered;

26

(c)

By implication of the covenant prohibiting alteration of the Course boundary

27

lines, the real property underlying the Course cannot be subdivided;

28
PAGE 4 – COMPLAINT

VIAL FOTHERINGHAM LLP
17355 SW Boones Ferry Rd., Suite A
Lake Oswego, OR 97035
Phone: 503-684-4111
Fax: 503-598-7798
P14722-003

 1
2
3
4
5
6
7

(d)

The maintenance, upkeep and repair of all portions of the real property and

improvements sited on the Course are the sole responsibility of the owner of the Course;
(e)

The perpetual existence of a golf course on the real property underlying the

Course is provided for;
(f)

The owner of the Course is required to maintain the appearance of a golf course

on the Course;
(g)

The owner of the Course has only the right to modify the layout (configuration) of

8

the golf course, and cannot eliminate the golf course from the real property underlying the

9

Course; and

10
11
12

(h)

The owner of the Course must perpetually operate a golf course on the real estate

underlying the Course.
The declarations sought by Plaintiff herein are consistent with the course of dealing of the

13

parties, the terms of the Creekside Covenant and the rights of Plaintiff and Defendants, or their

14

predecessors-in-interest, thereunder.
13.

15
16

An actual justiciable controversy exists regarding the parties' rights and interests under

17

both the Creekside Covenant and in the Course. Defendant Creekside Golf Course, LLC and

18

Defendant Creekside Golf Operations, LLC each contend they have the right to terminate the

19

Course, cease operations and to develop the real property underlying the Course into residential

20

housing. Defendants have made numerous public statements regarding their belief in their rights

21

to this end and their intention to develop the Course for some purpose other than an 18-hole golf

22

course. By and through Defendants' authority, applications have previously been filed with the

23

City of Salem seeking to subdivide the Course in order to develop housing on the Course.

24

Despite the assertions made by Defendants, Plaintiff is entitled to a decree and judgment from

25

the Court in its favor, as set forth in paragraph 12, above.
14.

26
27

Plaintiff has suffered damage due to the actions of Defendants including, but not limited

28

to, attorney fees actually incurred. Plaintiff is entitled to its reasonable attorney fees pursuant to
PAGE 5 – COMPLAINT

VIAL FOTHERINGHAM LLP
17355 SW Boones Ferry Rd., Suite A
Lake Oswego, OR 97035
Phone: 503-684-4111
Fax: 503-598-7798
P14722-003

 1

Article XV, Section 2 of the Creekside Covenant. Plaintiff is additionally entitled to

2

supplemental relief pursuant to ORS 28.080.

3

(Count Two - Equitable Servitude)

4

15.

5

A case and controversy exists between the Plaintiff and Defendants in that Plaintiff

6

claims it is the beneficial owner of an equitable servitude that burdens the Defendants' real

7

property described in "Exhibit A," so that the Association may continue as a "golf course

8

community," having as amenities the use, views and common benefits of residing adjacent to and

9

interspersed in a high quality, operating 18-hole golf course, clubhouse, and driving range, and

10

the Defendants' claims that the Plaintiff has no beneficial right, title or interest in such real

11

property, except as set forth in the Creekside Covenant.
16.

12

The rights, title and beneficial interest of Plaintiff in Defendants' real property, if any, has

13
14

not been determined, is uncertain, and a declaratory judgment setting forth those rights, title and

15

beneficial interest, if any, will terminate the controversy and remove the uncertainty.

16

17.

17

Plaintiff is entitled to a judgment declaring it possesses a right, title, and beneficial

18

interest in the Course on Defendants' real property such that, for Plaintiff’s non-exclusive

19

benefit, the Defendants' real property may only be used as an 18-hole championship golf course,

20

driving range, and golf clubhouse, together with such existing amenities of like character and

21

quality.

22

18.

23

If the Court grants the declaratory relief sought herein, the Court should order that a

24

special master be appointed to resolve any disputes concerning the maintenance and operation of

25

the 18-hole championship golf course, clubhouse and driving range.

26

///

27

///

28

///
PAGE 6 – COMPLAINT

VIAL FOTHERINGHAM LLP
17355 SW Boones Ferry Rd., Suite A
Lake Oswego, OR 97035
Phone: 503-684-4111
Fax: 503-598-7798
P14722-003

 1

For its Second Claim for Relief, Plaintiff alleges:

2

SECOND CLAIM FOR RELIEF - ANTICIPATORY BREACH OF COVENANT

3

19.

4

Plaintiff realleges and incorporates the allegations of paragraphs 1 through 9, and

5

paragraphs 11 through 18, herein.

6

(Count 1 –Alteration of Golf Course Boundaries)

7

20.
At all material times herein, Defendant Creekside Golf Course, LLC was and is now the

8
9

owner or reputed owner of the fee simple title in and to the Course described in Exhibit A.
21.

10

Title to the Course was conveyed to Defendant Creekside Golf Course, LLC by deed

11
12

recorded February, 21, 2002, as Instrument No. 19060396 in the Marion County records.
22.

13
14

The Creekside Covenant specifically declares certain restrictions and obligations which

15

apply to Defendants as owners of the Course. Article VII, Section 2 of the Creekside Covenant

16

binds the golf course and all owners thereof to all provision of the Creekside Covenant

17

appertaining to the golf course and related facilities.
23.

18

Pursuant to the Creekside Covenant, Plaintiff was created as a homeowners association to

19
20

enforce the provisions of the Creekside Covenant, as well as the Bylaws and rules and

21

regulations of Plaintiff.
24.

22
23

Article VII, Section 3 of the Creekside Covenant provides that no modification,

24

expansion or, contraction of the golf course shall occur which shall alter the boundary lines of

25

the golf course property.

26

///

27

///

28

///
PAGE 7 – COMPLAINT

VIAL FOTHERINGHAM LLP
17355 SW Boones Ferry Rd., Suite A
Lake Oswego, OR 97035
Phone: 503-684-4111
Fax: 503-598-7798
P14722-003

 25.

1
2

Defendants’ plans to shut down the golf course and develop the Course, including, but

3

not limited to, Hole No. 14, constitutes anticipatory repudiation and breach of Article VII,

4

Section 3 of the Creekside Covenant.
26.

5
6
7

Association is entitled to its reasonable attorney fees pursuant to Article XV, Section 2 of
the Creekside Covenant.
27.

8
9

Association is entitled to an order from the Court requiring Defendants to perform their

10

obligations under the Creekside Covenant and enjoining the owner of the Course from pursuing

11

any alteration of the boundary lines.

12

(Count 2 – Golf Course Maintenance)

13

28.

14

Article III, Section 4 of the Creekside Covenant places sole responsibility for the

15

maintenance, upkeep and repair of out-of-bounds areas within the golf course realty upon the

16

owner of the Course.
29.

17
18

Article VII, Section 4 of the Creekside Covenant obligates the owner of the golf course to

19

reasonably maintain the appearance of the golf course and related facilities and to reasonably

20

maintain any streams, ponds or lakes on the golf course so as to deter the reproduction of

21

mosquitoes and other noxious insects.
30.

22
23
24

Defendants’ plan to shut down the golf course constitutes anticipatory repudiation and
breach of Article III, Section 4 and Article VII, Section 4 of the Creekside Covenant.
31.

25
26

Association is entitled to an order from the Court requiring Defendants to perform their

27

obligations under the Creekside Covenant and enjoining the owner of the Course from ceasing

28
PAGE 8 – COMPLAINT

VIAL FOTHERINGHAM LLP
17355 SW Boones Ferry Rd., Suite A
Lake Oswego, OR 97035
Phone: 503-684-4111
Fax: 503-598-7798
P14722-003

 1

irrigation, landscaping, and other commonly accepted forms of golf course maintenance for an

2

18-hole championship golf course.

3
4

For its Third Claim for Relief, Plaintiff alleges:

5

THIRD CLAIM FOR RELIEF -- QUIET TITLE

6

32.

7
8

Plaintiff realleges and incorporates the allegations of paragraphs 1 through 9, paragraphs
11 through 18, and paragraphs 20 through 31, herein.

9

(Count One- Equitable Servitude by Estoppel)

10

33.

11

Plaintiff claims an interest in the Course, although not in actual possession of the Course.

12
13

34.
Defendants have publically announced their intention to cease operating and maintaining

14

the Course effective on or about April 30, 2016. Based upon these very public representations

15

by Defendants' agents, it is reasonable for Association to believe that Defendants will in fact stop

16

operating the Course. Defendants have also threatened to, and have otherwise represented their

17

intention to, terminate the use, operations, views, open space, common benefits and existence of

18

the Course by engaging in one or more of the following acts:

19
20
21
22
23

(a)

Ceasing to maintain and operate the 18-hole course, fairways, greens, tee-boxes,

driving range and clubhouse;
(b)

Engaging in development activities to design, convey, re-plat, and sever

residential lots that would remove parcels from the Course;
(c)

Starting plans for the development and pursuing subdivision applications for

24

development of residential lots upon fairways, tee-boxes and greens including the No. 14

25

fairway;

26

(d)

Threatening to terminate irrigation, landscaping and all other maintenance for the

27

Course, which would make impossible the use of fairways, tee-boxes and greens No. 1 through

28

No.18 for golf course purposes; and
PAGE 9 – COMPLAINT

VIAL FOTHERINGHAM LLP
17355 SW Boones Ferry Rd., Suite A
Lake Oswego, OR 97035
Phone: 503-684-4111
Fax: 503-598-7798
P14722-003

 1

(e)

Threatening to cause and allow waste and disrepair to occur on the Course.

2

35.

3

Plaintiff claims it is the beneficial owner of an equitable servitude that burdens the

4

Defendants’ real property so that the Association may continue as a "golf course community"

5

having as amenities the use, views and common benefits of residing adjacent to and interspersed

6

in a high quality operating golf course, clubhouse, and driving range.
36.

7
8
9

Pursuant to ORS 105.605 the court may determine the adverse and conflicting interests of
the parties.
37.

10
11

Plaintiff claims that the above-referenced equitable servitude exists by estoppel in that:

12

(a)

Defendants and their predecessors-in-interest, by their advertisements and

13

marketing, encouraged and permitted Association members to purchase, occupy and use

14

residential lots in reasonable reliance upon representations that they were purchasing lots in the

15

high quality "jewel of the Willamette Valley" "18-hole golf course community."

16

(b)

Such representations made it foreseeable that Association members would not

17

have purchased, occupied or used such residential lots believing that the common benefit of

18

residing in a "golf course community" would be revoked; and

19

(c)

Injustice can only be avoided by the establishment of such servitude.

20
21

In the alternative to Count One, Plaintiff further alleges:

22

(Count Two - Equitable Servitude from Implied General Plan)

23

38.

24
25
26
27

Plaintiff claims that the above-referenced equitable servitude exists by implication from a
general plan of development in that:
(a)

Development of Creekside PUD and the Course were part of a general plan of

development by Defendants to create a "golf course community;"

28
PAGE 10 – COMPLAINT

VIAL FOTHERINGHAM LLP
17355 SW Boones Ferry Rd., Suite A
Lake Oswego, OR 97035
Phone: 503-684-4111
Fax: 503-598-7798
P14722-003

 (b)

1
2

Each lot within the Association is the implied beneficiary of all express and

implied servitudes imposed to carry out the general plan;
(c)

3

Conveyances by Defendants' predecessors-in-interest to Association members

4

included express servitudes upon the common areas of Association, including, but not limited to,

5

the easements described in Article XIII, Section 4 of the Creekside Covenant, to implement the

6

general plan of development of a "golf course community;"
(d)

7
8

The Creekside Covenant provides that a golf course and related facilities shall

exist on the real property described in "Exhibit A".
(e)

9

By implication, the general plan of development and various conditions contained

10

within the Creekside Covenant created an implied reciprocal servitude burdening the real

11

property described in "Exhibit A"; and
(f)

12
13

Injustice can be avoided only by reciprocally implying the above-referenced

equitable servitude.

14
15

In the alternative to Counts One and Two, Plaintiff further alleges:

16

(Count Three - Equitable Servitude by Implication)

17

39.
Plaintiff claims that the above-referenced equitable servitude exists by implication in

18
19
20

that:
(a)

Prior to the sale of lots to Association members, Creekside PUD and the Course

21

were jointly owned by Defendants' predecessor-in-interest, Hawaii Northwest Ventures Limited

22

Partnership;

23

(b)

The Course has previously been used for the common benefit of Association

24

members to reside in a "golf course community" - in part forming the basis for the members to

25

purchase their homes and fostering greater market value and demand for those member's homes -

26

and the Course was used by the Defendants' predecessors-in-interest to market and sell lots to

27

Association members;

28
PAGE 11 – COMPLAINT

VIAL FOTHERINGHAM LLP
17355 SW Boones Ferry Rd., Suite A
Lake Oswego, OR 97035
Phone: 503-684-4111
Fax: 503-598-7798
P14722-003

 (c)

1

At the time of lot sales to Association members, the parties had reasonable

2

grounds to expect that any future conveyances or development would not terminate the right of

3

Association members to the views and open space created by the Course, and the continuation of

4

golf course operations on the Course;
(d)

5

Defendants' current efforts to develop parcels from the Course and intention to

6

discontinue operations of an 18-hole golf course are contrary to the reasonable expectations of

7

the members of the Association to enjoy the common benefit of residing in a "golf course

8

community;"
(e)

9

The prior use as a course was not merely temporary or casual, and the existence of

10

such prior use is apparent and a material part of the reason Association members purchased lots

11

from Defendants' predecessors-in-interest; and
(f)

12
13

Continuation of the Course is reasonably necessary to enjoyment of the

Association members previously and commonly benefited by such prior use.

14
15

In the alternative to Counts One, Two and Three, Plaintiff further alleges:

16

(Count Four- Equitable Servitude by Necessity)

17

40.
Plaintiff claims that the above-referenced equitable servitude exists by necessity in that a

18
19

development of lots from the Course by Defendants would deprive the Association members of

20

rights necessary to reasonable enjoyment of the lots conveyed to them in Creekside PUD by

21

Defendants' predecessors-in-interest.
41.

22

Plaintiff has no plain, speedy, or adequate remedy at law.

23
24

///

25

///

26

///

27

///

28

///
PAGE 12 – COMPLAINT

VIAL FOTHERINGHAM LLP
17355 SW Boones Ferry Rd., Suite A
Lake Oswego, OR 97035
Phone: 503-684-4111
Fax: 503-598-7798
P14722-003

 1

For its Fourth Claim for Relief, Plaintiff alleges:

2

FOURTH CLAIM FOR RELIEF -- WASTE; PERMANENT INJUNCTION

3

42.

4
5

Plaintiff realleges and incorporates the allegations of paragraphs 1 through 9, paragraphs
11 through 18, paragraphs 20 through 31, and paragraphs 33 through 41, herein.
43.

6
7
8

Plaintiff is the beneficial owner of an equitable servitude that burdens the Defendants'
real property.

9

44.

10

Defendants' threatened activities and plans to terminate the use, operations, views,

11

common benefits and existence of the golf course from the real property underlying the Course,

12

as set forth above, will cause waste, substantial damage to, and destruction of Plaintiff's equitable

13

servitude and upon the beneficial interest in the real property.
45.

14
15

Any further action beyond mere preparation by Defendants' of subdivision and housing

16

development activities on the Course threatens to and will produce immediate and irreparable

17

harm to Plaintiff’s property interest in the real property.
46.

18
19

Any further action beyond mere threatened closure of the golf course and related

20

facilities by Defendants threatens to and will produce immediate and irreparable harm to

21

Plaintiff’s property interest in the real property.
47.

22
23

Plaintiff lacks a plain, speedy or adequate remedy at law.
48.

24
25

Plaintiff is entitled to a permanent injunction prohibiting the Defendants, their agents and

26

representatives, and any of their successors-in-interest from engaging in one or more of the

27

following activities:

28
PAGE 13 – COMPLAINT

VIAL FOTHERINGHAM LLP
17355 SW Boones Ferry Rd., Suite A
Lake Oswego, OR 97035
Phone: 503-684-4111
Fax: 503-598-7798
P14722-003

 1
2
3
4
5
6
7
8
9
10

(a).

Failing to maintain and water the Course, including the 18-holes of fairways,

greens, tee-boxes and the driving range site;
(b)

Seeking any lot-line adjustments or subdivision to remove parcels from the

Course;
(c)

Making any land use applications to alter the use of parcels located within the

Course;
(d)

Tearing out the driving range, fairways, greens, tee-boxes, or any other portion of

the Course;
(e)

Conducting any development or construction of residential lots upon fairways and

greens, or upon the driving range;

11

(f)

Failing to water fairways, tee-boxes and greens No. 1 through No. 18;

12

(g)

Allowing the Course to fall into disrepair;

13

(h)

Ceasing operation of the 18-hole Course; and

14

(i)

Such other relief as is equitable and just.
49.

15
16

Plaintiff is entitled to a preliminary injunction to restrain Defendants, their agents and

17

representatives, and any of their successors-in-interest from engaging in the above-referenced

18

activities pending disposition of the Plaintiff’s application for permanent relief.
50.

19
20

Plaintiff is entitled to a permanent injunction compelling the Defendants, their agents and

21

representatives, and any of their successors-in-interest, their agents and representative, and any

22

of their successors-in-interest to engage in each of the following activities:

23

(a)

Watering the 18-hole Course, fairways, greens, tee-boxes and driving range site;

24

(b)

Withdrawing any development applications to subdivide, remove parcels from the

25
26
27

Course, or otherwise alter the boundary lines of the Course;
(c)

Withdrawing and terminating any land use applications to alter the use of real

property located within the Course;

28
PAGE 14 – COMPLAINT

VIAL FOTHERINGHAM LLP
17355 SW Boones Ferry Rd., Suite A
Lake Oswego, OR 97035
Phone: 503-684-4111
Fax: 503-598-7798
P14722-003

 (d)

1
2

the Course;
(e)

3
4

Maintaining the driving range, fairways, greens, tee-boxes, or any other portion of

Maintaining operations of the 18-hole championship golf course on the real

property underlying the Course;
(f)

5

Doing any act or omission that is contrary to the proper operation of the golf

6

course, driving range, and clubhouse or in any other way contrary to the rights established in

7

Plaintiff by the equitable servitude set forth; and
(g)

8

Such other relief as is equitable and just.

9
10

WHEREFORE, Plaintiff demands and prays for relief as follows:

11

(1)

On Plaintiff's First Claim for Relief, a judgment declaring that Plaintiff possesses a right,

12

title and beneficial interest in Defendants' real property such that, for Plaintiff’s non-

13

exclusive benefit, the Defendants’ real property may only be used as an 18-hole

14

championship golf course, clubhouse and driving range;

15

(2)

On Plaintiff's Second Claim for Relief, a judgment declaring Defendants to have

16

committed an anticipatory breach of covenant of their obligations under the Creekside

17

Covenant, and enjoining Defendants from further breach as more fully prayed for in

18

Plaintiff's Fourth Claim for Relief;

19

(3)

On Plaintiff's Third Claim for Relief, a decree quieting title to an equitable interest in

20

Defendants' real property to provide that Plaintiff is the beneficial owner of an equitable

21

servitude that runs with the land to burden the Defendants' real property so Creekside

22

may continue as a "golf course community" having as amenities the use, views and

23

common benefits of residing adjacent to and interspersed in a high quality, operating 18-

24

hole golf course, clubhouse, and driving range;

25
26
27
28

(4)

On Plaintiff's Fourth Claim for Relief, a permanent injunction and preliminary injunction
restraining Defendants, their agents, representatives, and successors-in-interest from:
(a)

Failing to maintain and water the Course, including the 18-holes of
fairways, greens, tee-boxes and the driving range site;

PAGE 15 – COMPLAINT

VIAL FOTHERINGHAM LLP
17355 SW Boones Ferry Rd., Suite A
Lake Oswego, OR 97035
Phone: 503-684-4111
Fax: 503-598-7798
P14722-003

 (b)

1

Seeking any lot-line adjustments or subdivision to remove parcels from
the Course;

2
(c)

3

Making any land use applications to alter the use of parcels located within
the Course;

4
(d)

5

Tearing out the driving range, fairways, greens, tee-boxes, or any other
portion of the Course;

6
(e)

7

Conducting any development or construction of residential lots upon
fairways and greens, or upon the driving range;

8
9

(f)

Failing to water fairways, tee-boxes and greens #1 through #18;

10

(g)

Allowing the Course to fall into disrepair;

11

(h)

Ceasing operation of the 18-hole Course; and

12

(i)

Such other relief as is equitable and just;

13
14
15

(5)

Plaintiff is entitled to a permanent injunction compelling the Defendants, their agents,
representatives, and successors-in-interest to engage in each of the following activities:
(a)

range site;

16
17

(b)

(c)

(d)

(e)

Maintaining operations of the 18-hole championship golf course on the
real property underlying the Course;

24
25

Maintaining the driving range, fairways, greens, tee-boxes, or any other
portion of the Course;

22
23

Withdrawing and terminating any land use applications to alter the use of
real property located within the Course;

20
21

Withdrawing any development applications to subdivide, remove parcels
from the Course, or otherwise alter the boundary lines of the Course;

18
19

Watering the 18-hole Course, fairways, greens, tee-boxes and driving

(f)

Doing any act or omission that is contrary to the proper operation of the

26

golf course, driving range, and clubhouse or in any other way contrary to

27

the rights established in Plaintiff by the equitable servitude set forth; and

28

(g)

Such other relief as is equitable and just; and

PAGE 16 – COMPLAINT

VIAL FOTHERINGHAM LLP
17355 SW Boones Ferry Rd., Suite A
Lake Oswego, OR 97035
Phone: 503-684-4111
Fax: 503-598-7798
P14722-003

 1

(6)

For a judgment against Defendants for Plaintiff's reasonable attorney fees, costs and

2

disbursements incurred herein, plus post-judgment interest thereon at the statutory rate of

3

nine percent (9.0%); and

4

(7)

For such other relief the Court deems just and equitable.

5
6

Dated this 25th day of April, 2016.

7

VIAL FOTHERINGHAM LLP
/s/ T. Beau Ellis
T. Beau Ellis, OSB #093437
Christopher M. Tingey, OSB # 014326
17355 SW Boones Ferry Road, Suite A
Lake Oswego, OR 97035
T: (503) 684-4111
F: (503) 598-7758
E: beau.ellis@vf-law.com
E: cmt@vf-law.com
Of Attorneys for Plaintiff

8
9
10
11
12
13

Trial Attorney(s):
T. Beau Ellis, OSB #093437
Christopher M. Tingey, OSB # 014326

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PAGE 17 – COMPLAINT

VIAL FOTHERINGHAM LLP
17355 SW Boones Ferry Rd., Suite A
Lake Oswego, OR 97035
Phone: 503-684-4111
Fax: 503-598-7798
P14722-003

 Exhibit "A"
Real property in the County of Marion, State of Oregon, described as follows:
A TRACT OF LAND LYING IN SECTION 21 AND 22, TOWNSHIP 8 SOUTH, RANGE 3 WEST WILLAMETTE
MERIDIAN, MARION COUNTY, OREGON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A 5/8" IRON ROD AT THE SOUTHWEST CORNER OF LOT 31, OF FAIRWAY ONE AT
CREEKSIDE P.U.D., AS RECORDED IN VOLUME 40, PAGE 113, MARION COUNTY BOOK OF TOWN PLATS;
THENCE ALONG THE ARC OF A 384.34 FOOT RADIUS CURVE RIGHT (LONG CHORD: SOUTH 71°17'02"
WEST 244.91 FEET) 249.26 FEET TO A 5/8" IRON ROD; THENCE NORTH 89°16'48" WEST 484.45 FEET
TO A 5/8" IRON ROD; THENCE ALONG THE ARC OF A 316.00 FOOT RADIUS CURVE LEFT (LONG
CHORD: SOUTH 71°47'32" WEST 205.01 FEET) 208.78 FEET TO A 5/8" IRON ROD; THENCE SOUTH
0°42'45" WEST 261.68 FEET TO A 5/8" IRON ROD; THENCE SOUTH 25°28'45" WEST 220.80 FEET TO A
5/8" IRON ROD; THENCE NORTH 78°22'34" EAST 45.25 FEET TO A 5/8" IRON ROD; THENCE NORTH
87°20'20" EAST 138.72 FEET TO A 5/8" IRON ROD; THENCE SOUTH 78°35'55" EAST 195.13 FEET TO A
5/8" IRON ROD; THENCE SOUTH 49°06'28" EAST 114.75 FEET TO A 5/8" IRON ROD; THENCE SOUTH
57°48'26" EAST 61.27 FEET TO A 5/8" IRON ROD; THENCE SOUTH 74°08'58" EAST 83.08 FEET TO A
5/8" IRON ROD; THENCE SOUTH 71°56'44" EAST 148.23 FEET TO A 5/8" IRON ROD; THENCE NORTH
84°19'03" EAST 108.68 FEET TO A 5/8" IRON ROD; THENCE NORTH 25°33'32" EAST 112.74 FEET TO A
5/8" IRON ROD; THENCE NORTH 72°10'12" EAST 116.08 FEET TO A 5/8" IRON ROD; THENCE SOUTH
23°44'18" EAST 98.82 FEET TO A 5/8" IRON ROD; THENCE SOUTH 42°16'07" EAST 124.87 FEET TO A
5/8" IRON ROD; THENCE SOUTH 77°41'12" EAST 120.21 FEET TO A 5/8" IRON ROD; THENCE SOUTH
65°36'24" EAST 93.59 FEET A 5/8" IRON ROD; THENCE SOUTH 56°53'07" EAST 157.13 FEET TO A 5/8"
IRON ROD; THENCE SOUTH 50°37'56" EAST 170.84 FEET TO A 5/8" IRON ROD; THENCE SOUTH
19°37'49" EAST 87.01 FEET TO A 5/8" IRON ROD: THENCE SOUTH 8°22'21" EAST 191.71 FEET A 5/8"
IRON ROD; THENCE SOUTH 3°30'40" EAST 223.95 FEET TO A 5/8" IRON ROD; THENCE SOUTH
15°18'08" WEST 153.91 FEET TO A 5/8" IRON ROD; THENCE SOUTH 17°10'35" WEST 215.42 FEET TO A
5/8" IRON ROD; THENCE SOUTH 0°16'14" EAST 140.29 FEET TO A 5/8" IRON ROD; THENCE SOUTH
2°54'38" WEST 160.64 FEET TO A 5/8" IRON ROD; THENCE SOUTH 4°01'07" WEST 190.05 FEET TO A
5/8" IRON ROD; THENCE SOUTH 74°11'23'' EAST 113.38 FEET TO A 5/8" IRON ROD; THENCE NORTH
53°47'34" EAST 63.68 FEET TO A 5/8" IRON ROD; THENCE NORTH 35°04'06'' EAST 201.75 FEET TO A
5/8" IRON ROD; THENCE NORTH 33°41'07" EAST 86.01 FEET TO A 5/8" IRON ROD; THENCE NORTH
68°00'58" EAST 254.26 FEET TO A 5/8" IRON ROD; THENCE NORTH 35°09'39" EAST 80.97 FEET TO A
5/8" IRON ROD; THENCE NORTH 50°11'52" EAST 145.50 FEET TO A 5/8" IRON ROD; THENCE NORTH
51°49'55" EAST 96.23 FEET TO A 5/8" IRON ROD; THENCE NORTH 65°15'50" EAST 238.94 FEET TO A
5/8" IRON ROD; THENCE NORTH 77°04'10" EAST 336.11 FEET TO A 5/8" IRON ROD; THENCE NORTH
77°51'16" EAST 205.32 FEET TO A 5/8" IRON ROD; THENCE NORTH 70°43'37" EAST 183.22 FEET TO A
5/8" IRON ROD; THENCE SOUTH 51°40'45" EAST 177.18 FEET TO A 5/8" IRON ROD; THENCE SOUTH
78°12'14" EAST 249.56 FEET TO A 5/8" IRON ROD; THENCE NORTH 81°18'38" EAST 168.19 FEET TO A
5/8" IRON ROD; THENCE NORTH 74°30'48" EAST 73.75 FEET TO A 5/8" IRON ROD; THENCE NORTH
78°31'16" EAST 206.68 FEET TO A 5/8" IRON ROD; THENCE SOUTH 62°48'47" EAST 229.55 FEET TO A
5/8" IRON ROD; THENCE SOUTH 70°40'21" EAST 191.57 FEET TO A 5/8" IRON ROD; THENCE SOUTH
89°00'25" EAST 96.35 FEET TO A 5/8" IRON ROD; THENCE NORTH 66°00'52" EAST 160.61 FEET TO A
5/8" IRON ROD; THENCE NORTH 33°54'31" EAST 36.06 FEET TO A 5/8" IRON ROD; THENCE SOUTH
78°00'31" EAST 87.95 FEET TO A 5/8" IRON ROD; THENCE SOUTH 28°38'07" EAST 53.54 FEET TO A
5/8" IRON ROD; THENCE SOUTH 20°35'32" EAST 104.39 FEET TO A 5/8" IRON ROD; THENCE SOUTH
34°41'09" EAST 158.04 FEET TO A 5/8" IRON ROD; THENCE SOUTH 38°20'59" EAST 167.28 FEET TO A
5/8" IRON ROD; THENCE SOUTH 186.19 FEET TO A 5/8" IRON ROD ON THE EAST-WEST CENTERLINE
OF SAID SECTION 22; THENCE ALONG SAID EAST-WEST CENTERLINE SOUTH 89'38'12" EAST 651.20
FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF SUNNYSIDE ROAD; THENCE ALONG SAID RIGHT-OFWAY LINE AS FOLLOWS: NORTH 36°24'26" WEST 309.20 FEET; THENCE NORTH 24°18'49" WEST
255.71 FEET; THENCE ALONG THE ARC OF A 1109.84 FOOT RADIUS CURVE RIGHT (LONG CHORD:
EXHIBIT A
1 of 5

 NORTH 16°23'47" WEST 305.74 FEET) 306.71 FEET; THENCE NORTH 8°28'46" WEST 320.52 FEET;
THENCE SOUTH 81°31'14" WEST 12.00 FEET; THENCE NORTH 8°28'46" WEST 29.81 FEET TO A 5/8"
IRON ROD; THENCE LEAVING SAID RIGHT-OF-WAY LINE WEST 156.99 FEET TO A 5/8" IRON ROD;
THENCE NORTH 23°42'40" WEST 250.35 FEET TO A 5/8" IRON ROD ON THE SOUTHERLY RIGHT-OFWAY OF LINE OF CREEKSIDE DRIVE AS SHOWN ON THE RECORDED PLAT OF GOLF CLUB ESTATES AT
CREEKSIDE P.U.D.-PHASE I IN VOLUME 40, PAGE 21, SAID BOOK OF TOWN PLATS; THENCE ALONG
THE SOUTHERLY LINE OF SAID PHASE I AS FOLLOWS: ON THE ARC OF A 493.52 FOOT RADIUS CURVE
RIGHT) LONG CHORD: NORTH 56°36'07" WEST 165.77 FEET) 166.56 FEET TO A 5/8" IRON ROD;
THENCE NORTH 46°56'00" WEST 300.11 FEET TO A 5/8" IRON ROD; THENCE SOUTH 43°04'00" WEST
100.00 FEET TO A 5/8" IRON ROD; THENCE NORTH 46°56'00" WEST 162.00 FEET TO A 5/8" IRON ROD;
THENCE NORTH 50°38'35" WEST 74.38 FEET TO A 5/8" IRON ROD; THENCE NORTH 59°23'54" WEST
75.66 FEET TO A 5/8" IRON ROD; THENCE NORTH 68°18'21" WEST 76.54 FEET TO A 5/8" IRON ROD;
THENCE NORTH 76°22'54" WEST 75.88 FEET TO A 5/8" IRON ROD; THENCE NORTH 85°31'00" WEST
240.00 FEET TO A 5/8' IRON ROD TO THE SOUTHWEST CORNER OF LOT 31, SAID PHASE I, BEING
ALSO THE SOUTHEAST CORNER OF LOT 63, OF GOLF CLUB ESTATE AT CREEKSIDE P.U.D.-PHASE 2, IN
VOLUME 40, PAGE 94, SAID BOOK OF TOWN PLATS; THENCE ALONG THE SOUTHERLY LINE OF SAID
PHASE 2 AS FOLLOWS: NORTH 85°31'00" WEST 320.00 FEET TO A 5/8" IRON ROD; THENCE NORTH
85°40'18" WEST 80.00 FEET TO A 5/8" IRON ROD; THENCE NORTH 87°55'41" WEST 80.00 FEET TO A
5/8" IRON ROD; THENCE SOUTH 89°09'08" WEST 80.00 FEET TO A 5/8" IRON ROD; THENCE SOUTH
86°13'58" WEST 80.00 FEET TO A 5/8" IRON ROD; THENCE NORTH 88°52'15" WEST 80.61 FEET TO A
5/8" IRON ROD; THENCE SOUTH 87°26'34" WEST 80.16 FEET TO A 5/8" IRON ROD; THENCE NORTH
88°18'20" WEST 80.75 FEET TO A 5/8" IRON ROD; THENCE SOUTH 88°40'44" WEST 166.84 FEET TO A
5/8" IRON ROD; THENCE NORTH 72°10'24" WEST 36.94 FEET TO A 5/8" IRON ROD; THENCE NORTH
6°08'05" WEST 55.00 FEET TO A 5/8" IRON ROD AT THE NORTHWEST CORNER OF LOT 75, SAID PHASE
2, BEING ALSO IN THE SOUTHERLY LINE OF SAID FAIRWAY ONE AT CREEKSIDE P.U.D.; THENCE
ALONG THE SOUTHERLY LINE OF SAID FAIRWAY ONE AS FOLLOWS: SOUTH 83°51'55" WEST 132.63
FEET TO A 5/8" IRON ROD; THENCE ALONG THE ARC OF A 336.92 FOOT RADIUS CURVE RIGHT (LONG
CHORD: NORTH 87°31'30" WEST 100.87 FEET) 101.25 FEET TO A 5/8" IRON ROD; THENCE ALONG THE
ARC OF A 252.25 FOOT RADIUS CURVE LEFT (LONG CHORD: NORTH 80°14'32" WEST 11.67 FEET)
11.67 FEET TO A 5/8" IRON ROD; THENCE SOUTH 11°59'22" EAST 77.91 FEET TO A 5/8" IRON ROD;
THENCE SOUTH 78°00'38" WEST 150.80 FEET TO A 5/8" IRON ROD; THENCE NORTH 74°48'07" WEST
797.03 FEET TO A 5/8" IRON ROD; THENCE NORTH 73°09'22" WEST 352.71 FEET TO A 5/8" IRON ROD;
THENCE NORTH 64°24'35" WEST 52.61 FEET TO A 5/8" IRON ROD; THENCE NORTH 76°15'53" WEST
52.08 FEET TO A 5/8" IRON ROD; THENCE NORTH 75°02'58" WEST 156.62 FEET TO A 5/8" IRON ROD;
THENCE NORTH 68°23'54" WEST 22.31 FEET TO A 5/8" IRON ROD; THENCE NORTH 13°02'28" WEST
88.66 FEET TO A 5/8" IRON ROD; THENCE NORTH 27°35'33" WEST 70.60 FEET TO A 5/8" IRON ROD;
THENCE NORTH 85°00'15" WEST 64.45 FEET TO THE POINT OF BEGINNING.
ALSO: (13TH FAIRWAY)

EXHIBIT A
2 of 5

 BEGINNING AT THE NORTHWEST CORNER OF LOT 62 OF THE GOLF CLUB ESTATES AT CREEKSIDE,
PHASE 2, P.U.D., AS RECORDED IN THE MARION COUNTY BOOK OF TOWN PLATS; THENCE RUNNING
SOUTH 4°29'00" WEST 57.71 FEET TO THE SOUTHWEST CORNER OF SAID LOT 62 ON THE NORTHERLY
RIGHT OF WAY LINE OF CREEKSIDE DRIVE; THENCE ALONG SAID RIGHT OF WAY LINE NORTH
85°31'00" WEST 122.10; THENCE 320.60 FEET ALONG A 1730.00 FOOT RADIUS CURVE TO THE LEFT,
(THE CHORD OF WHICH BEARS SOUTH 89'10'28" WEST 320.15 FEET); THENCE SOUTH 83°51'55" WEST
415.12 FEET TO THE WESTERLY BOUNDARY OF PUD.; THENCE CONTINUING ALONG SAID RIGHT OF
WAY LINE SOUTH 83°51'55" WEST 132.62 FEET; THENCE 86.23 FEET ALONG A 286.95 FOOT RADIUS
CURVE TO THE RIGHT, (THE CHORD OF WHICH BEARS NORTH 87°31'32" WEST 85.91 FEET); THENCE
LEAVING SAID RIGHT OF WAY LINE NORTH 08°13'11" WEST 70.40 FEET; THENCE NORTH 85° 44'11"
EAST 168.91 FEET; THENCE NORTH 26°33'53" EAST 50.95 FEET; THENCE NORTH 42°22'47" EAST 74.74
FEET; THENCE NORTH 55°05'07" EAST 54.85 FEET; THENCE NORTH 74°44'19" EAST 60.34 FEET;
THENCE NORTH 43°31'12" EAST 84.51 FEET; THENCE NORTH 59°51'45" EAST 85.51 FEET; THENCE
NORTH 67°35'01" EAST 92.75 FEET; THENCE NORTH 78°10'34" EAST 132.73 FEET; THENCE NORTH
75'40'13" EAST 129.25 FEET; THENCE NORTH 84°58'50" EAST 81.05 FEET; THENCE NORTH 79°05'06"
EAST 58.44 FEET; THENCE NORTH 86°33'17" EAST 68.52 FEET; THENCE NORTH 86°30'54" EAST 181.99
FEET; THENCE SOUTH 80°38'56" EAST 48.97 FEET TO THE SOUTHWEST CORNER OF LOT 50 OF GOLF
CLUB ESTATES AT CREEKSIDE PUD., AS RECORDED IN THE MARION COUNTY BOOK OF TOWN PLATS;
THENCE RUNNING SOUTH 89°49'27" EAST 160.00 FEET TO THE SOUTHWEST CORNER OF LOT 48 OF
SAID P.U.D.; THENCE SOUTH 85°26'27" EAST 240.13 FEET ALONG THE SOUTH LINES OF LOTS 48, 47
AND 46 TO THE SOUTHWEST CORNER OF LOT 45; THENCE SOUTH 84°12'00" EAST 406.89 FEET ALONG
THE SOUTH LINES OF LOTS 45, 44, 43, 42, AND 41 TO THE SOUTHEAST CORNER OF LOT 41 ON THE
WEST SIDE OF CROOKED STICK LOOP; THENCE SOUTH 12°06'00" WEST 320.70 FEET ALONG THE
WEST SIDE OF CROOKED STICK LOOP TO THE NORTHEAST CORNER OF LOT 40 OF SAID P.U.D.;
THENCE RUNNING NORTH 84°12'00" WEST 363.89 FEET ALONG THE NORTH LINE OF LOTS 40, 38, 37
AND 36 TO THE NORTHWEST CORNER OF LOT 36 OF SAID P.U.D.; THENCE NORTH 85°31'00" WEST
338.06 FEET ALONG THE NORTH SIDE OF LOTS 35, 34, 33 AND 32 TO THE NORTHWEST CORNER OF
LOT 32, BEING ALSO THE NORTHEAST CORNER OF LOT 61 OF SAID PHASE 2 P.U.D.; THENCE NORTH
85°31'00" WEST 27.30 FEET ALONG THE NORTH LINE OF SAID LOT 61; THENCE SOUTH 77°41'12"
WEST 159.51 FEET ALONG THE NORTH LINE OF LOTS 61 AND 62, THENCE SOUTH 87°14'37" WEST
22.54 FEET TO THE POINT OF BEGINNING.
ALSO: (14TH FAIRWAY)
BEGINNING AT THE SOUTHWEST CORNER OF LOT 15 OF THE GOLF CLUB ESTATES AT CREEKSIDE
P.U.D.--PHASE I DEVELOPMENT AS RECORDED IN THE MARION COUNTY BOOK OF TOWN PLATS;
THENCE SOUTH 77°54'00" EAST 100.00 FEET ALONG THE SOUTH SIDE OF SAID LOT 15 TO THE
SOUTHEAST CORNER OF LOT 15; THENCE NORTH 12°06'00" EAST 73.00 FEET TO THE SOUTHEAST
CORNER OF LOT 14; THENCE NORTH 59°49'07" EAST 33.68 FEET TO THE SOUTHWEST CORNER OF
LOT 13; THENCE SOUTH 89°51'30" EAST 43.28 FEET ALONG SAID LOT 13 TO THE NORTHWEST
CORNER OF LOT 12; THENCE SOUTH 09°52'20" EAST 319.98 FEET ALONG THE WEST SIDE OF LOTS 12,
11, 10 AND LOT 9 TO THE SOUTHWEST CORNER OF LOT 9; THENCE SOUTH 08°29'38" EAST 240.00
FEET ALONG LOTS 8, 7 AND LOT 6, TO THE SOUTHWEST CORNER OF LOT 6; THENCE SOUTH 00°32'51"
WEST 74.96 FEET TO THE SOUTHWEST OF LOT 5; THENCE SOUTH 12°07'48" WEST 74.34 FEET TO THE
SOUTHWEST CORNER OF LOT 4; THENCE SOUTH 71°56'38" EAST 100.00 FEET TO A POINT ON THE
WEST SIDE OF THE CROOKED STICK LOOP THENCE SOUTHERLY 101.96 FEET ALONG THE WEST SIDE
OF SAID CROOKED STICK LOOP, THAT IS A 460 FOOT RADIUS CURVE TO THE RIGHT, (THE CHORD OF
WHICH BEARS SOUTH 24°24'21" WEST 101.75 FEET); THENCE CONTINUING ALONG SAID CROOKED
STICK LOOP, SOUTH 30°45'20" WEST 177.05 FEET; THENCE 34.33 FEET ALONG A 20.00 FOOT RADIUS
CURVE TO THE RIGHT (THE CHORD OF WHICH BEARS SOUTH 79°55'38" WEST 30.27 FEET); THENCE
30.02 FEET ALONG A 433.52 FOOT RADIUS CURVE TO THE RIGHT, (THE CHORD OF WHICH BEARS
NORTH 48°55'02" WEST 30.01 FEET); THENCE NORTH 46°56'00" WEST 327.67 FEET TO THE
SOUTHEAST CORNER OF LOT 22 OF SAID PLAT; THENCE NORTH 21°27'20" EAST 170.59 FEET ALONG
LOT 22 AND A PORTION OF LOT 21; THENCE NORTH 12°06'00" EAST 472.05 FEET TO THE NORTHEAST
CORNER OF LOT 16; THENCE NORTH 77°54'00" WEST 100.00 FEET TO THE NORTHWEST CORNER OF
SAID LOT 16; THENCE NORTH 12°06'00" EAST 30.00 FEET TO THE POINT OF BEGINNING.
EXHIBIT A
3 of 5

 TOGETHER WITH AN EASEMENT FOR ACCESS OVER THAT CERTAIN ROADWAY SHOWN AS CREEKSIDE
DRIVE ON SUBDIVISION PLAT GOLF CLUB ESTATE AND CREEKSIDE PUD. PHASE I AS RECORDED IN
THE MARION COUNTY BOOK OF TOWN PLATS, VOLUME 40, PAGE 21; SUBDIVISION PLAT GOLF CLUB
ESTATES AT CREEKSIDE PUD. PHASE 2 AS RECORDED IN THE MARION COUNTY BOOK OF TOWN
PLATS, VOLUME 40, PAGE 94; SUBDIVISION PLAT FAIRWAY I AT CREEKSIDE P.U.D. AS RECORDED IN
THE MARION COUNTY BOOK OF TOWN PLATS, VOLUME 40, PAGE 113, AS DISCLOSED IN ARTICLE 8,
SECTION 4 OF THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF GOLF
COURSE ESTATES AT CREEKSIDE, RECORDED AUGUST 26, 1992 IN REEL 982 PAGE 273 AS MODIFIED
BY DECLARATION OF MODIFIED COVENANTS, CONDITIONS AND RESTRICTIONS OF GOLF COURSE
ESTATES AT CREEKSIDE, RECORDED AT REEL 1144, PAGE 300, AND AS MODIFIED BY SECOND
MODIFICATION OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF GOLF
COURSE ESTATES AT CREEKSIDE, RECORDED AT REEL 1163, PAGE 784, MARION COUNTY RECORDS.
ALSO TOGETHER WITH THOSE EASEMENTS SET FORTH IN THAT GOLF PLAY EASEMENT, INCLUDING
THE TERMS AND PROVISIONS THEREOF, RECORDED MARCH 22, 1995 IN REEL 1227, PAGE 617, DEED
RECORDS FOR MARION COUNTY, OREGON.
SAVE AND EXCEPT:
BEGINNING AT THE NORTHEAST CORNER OF LOT 1, OF FAIRWAY ONE AT CREEKSIDE P.U.D.
DEVELOPMENT AS PLATTED AND RECORDED IN THE MARION COUNTY BOOK OF TOWN PLATS,
VOLUME 40, PAGE 113; THENCE RUNNING SOUTHEASTERLY ALONG A 252.25 FOOT RADIUS CURVE TO
THE RIGHT 11.67 FEET (THE CHORD OF WHICH BEARS SOUTH 80°14'32" EAST 11.67 FEET); THENCE
CONTINUING SOUTHEASTERLY ALONG A 336.92 FOOT RADIUS CURVE TO THE LEFT 50.88 FEET (THE
CHORD OF WHICH BEARS SOUTH 83°14'32" EAST 50.83 FEET); THENCE SOUTH 34°31'42" EAST 31.72
SET; THENCE SOUTH 34°22'40" WEST 40.51 FEET; THENCE SOUTH 57°49'40" WEST 43.48 FEET;
THENCE SOUTH 78°00' 38" WEST 162.00 FEET, PARALLEL WITH THE SOUTH BOUNDARY OF THE SAID
FAIRWAY ONE DEVELOPMENT; THENCE CONTINUING PARALLEL WITH THE SAID SOUTH BOUNDARY OF
THE FAIRWAY ONE DEVELOPMENT, NORTH 74°48'07" WEST 416.64 FEET; THENCE NORTH 15°11'53"
EAST 18.01 FEET TO THE SOUTHWEST CORNER OF LOT 10 OF FAIRWAY ONE AT CREEKSIDE PUD.
DEVELOPMENT; THENCE FOLLOWING ALONG THE SOUTH BOUNDARY OF THE SAID FAIRWAY ONE
PROJECT, SOUTH 74°48'07" EAST 418.85 FEET; THENCE NORTH 78°00'38" EAST 150.80 FEET TO THE
SOUTHEAST CORNER OF SAID LOT 1 OF FAIRWAY ONE AT CREEKSIDE; THENCE NORTH 11°59'22"
WEST 77.91 FEET TO THE POINT OF BEGINNING.
SAVE AND EXCEPT THAT PORTION CONVEYED IN STATUTORY BARGAIN AND SALE DEED RECORDED
APRIL 18, 2008 AS REEL 2943, PAGE 124, FILM RECORDS, WHICH IS PARTICULARLY DESCRIBED AS
FOLLOWS:
A PORTION OF A TRACT OF LAND DESCRIBED IN REEL 1906, PAGE 396, MARION COUNTY, OREGON
DEED RECORDS, SAID TRACT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 511, GOLF CLUB ESTATES AT CREEKSIDE PHASE 12,
P.U.D. (PHASE 12) AS RECORDED IN THE MARION COUNTY BOOK OF TOWN PLATS IN VOLUME H46,
PAGE 70, MARION COUNTY, OREGON BOOK OF TOWN PLATS, THENCE SOUTH 17°10'43" WEST, ALONG
THE EAST LINE OF SAID LOT, A DISTANCE OF 162.26 FEET; THENCE SOUTH 00°17'02" EAST, A
DISTANCE OF 140.27 FEET; THENCE SOUTH 02°55'54" WEST, A DISTANCE OF 160.58 FEET; THENCE
SOUTH 04°00'03" EAST, A DISTANCE OF 125.35 FEET; THENCE NORTH 26°04'44" EAST, LEAVING SAID
LOT LINE, A DISTANCE OF 37.76 FEET, TO THE CENTERLINE OF BATTLE CREEK; THENCE NORTH
04°55'25" WEST, ALONG SAID CENTERLINE OF CREEK, A DISTANCE OF 12.60 FEET; THENCE NORTH
19°40'55" WEST, A DISTANCE OF 22.32 FEET; THENCE NORTH 23°12'23" EAST, A DISTANCE OF 33.07
FEET; THENCE NORTH 35°19'07" EAST, A DISTANCE OF 28.11 FEET; THENCE NORTH 45°24'51" EAST,
A DISTANCE OF 23.65 FEET; THENCE NORTH 10°04'34" EAST, LEAVING SAID CENTERLINE OF CREEK, A
DISTANCE OF 70.55 FEET; THENCE NORTH 02°10'23" WEST, A DISTANCE OF 48.50 FEET; THENCE
NORTHEASTERLY, ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 2307.50 FEET, (THE CHORD OF
WHICH BEARS NORTH 00°00'41" EAST, 332.59 FEET), AN ARC DISTANCE OF 332.88 FEET, TO THE
POINT OF BEGINNING.
EXHIBIT A
4 of 5

 ALSO TOGETHER WITH:
BEGINNING AT A 5/8" IRON ROD, BEING THE NORTHEAST CORNER OF LOT 474, GOLF CLUB ESTATES
AT CREEKSIDE PHASE 11 P.U.D., AS RECORDED IN VOLUME 45, PAGE 182, MARION COUNTY BOOK OF
TOWN PLATS AND LOCATED IN THE NORTHWEST 1/4 OF SECTION 22, TOWNSHIP 8 SOUTH, RANGE 3
WEST, WILLAMETTE MERIDIAN, MARION COUNTY, OREGON; THENCE NORTH 80°58'12" EAST 524.48
FEET TO A 5/8" IRON ROD; THENCE SOUTH 00°21'48" WEST 76.00 FEET TO A 5/8" IRON ROD; THENCE
NORTH 77°04'10" EAST 130.04 FEET TO A 5/8" IRON ROD: THENCE 64.08 FEET ALONG A 975.00 FOOT
RADIUS CURVE TO THE RIGHT (THE CHORD OF WHICH BEARS NORTH 78°57'08" EAST 64.07 FEET) TO
A 5/8" IRON ROD; THENCE NORTH 12°08'44" WEST 201.18 FEET TO A 5/8" IRON ROD; THENCE SOUTH
77°50'44" WEST 45.59 FEET TO A 5/8" IRON ROD; THENCE SOUTH 77°03'26" WEST 335.96 FEET TO A
5/8" IRON ROD; THENCE SOUTH 65°15'55" WEST 238.89 FEET TO A 5/8" IRON ROD; THENCE SOUTH
51°50'48" WEST 96.43 TO THE POINT OF BEGINNING.
NOTE: This Legal Description was created prior to January 01, 2008.

EXHIBIT A
5 of 5

 Description: Marion,OR Document - Book.Page (Up to 1/14/04) 982.273 Page: 1 of 32
Order: 01 Comment:

EXHIBIT B
1 of 32

 Description: Marion,OR Document - Book.Page (Up to 1/14/04) 982.273 Page: 2 of 32
Order: 01 Comment:

EXHIBIT B
2 of 32

 Description: Marion,OR Document - Book.Page (Up to 1/14/04) 982.273 Page: 3 of 32
Order: 01 Comment:

EXHIBIT B
3 of 32

 Description: Marion,OR Document - Book.Page (Up to 1/14/04) 982.273 Page: 4 of 32
Order: 01 Comment:

EXHIBIT B
4 of 32

 Description: Marion,OR Document - Book.Page (Up to 1/14/04) 982.273 Page: 5 of 32
Order: 01 Comment:

EXHIBIT B
5 of 32

 Description: Marion,OR Document - Book.Page (Up to 1/14/04) 982.273 Page: 6 of 32
Order: 01 Comment:

EXHIBIT B
6 of 32

 Description: Marion,OR Document - Book.Page (Up to 1/14/04) 982.273 Page: 7 of 32
Order: 01 Comment:

EXHIBIT B
7 of 32

 Description: Marion,OR Document - Book.Page (Up to 1/14/04) 982.273 Page: 8 of 32
Order: 01 Comment:

EXHIBIT B
8 of 32

 Description: Marion,OR Document - Book.Page (Up to 1/14/04) 982.273 Page: 9 of 32
Order: 01 Comment:

EXHIBIT B
9 of 32

 Description: Marion,OR Document - Book.Page (Up to 1/14/04) 982.273 Page: 10 of 32
Order: 01 Comment:

EXHIBIT B
10 of 32

 Description: Marion,OR Document - Book.Page (Up to 1/14/04) 982.273 Page: 11 of 32
Order: 01 Comment:

EXHIBIT B
11 of 32

 Description: Marion,OR Document - Book.Page (Up to 1/14/04) 982.273 Page: 12 of 32
Order: 01 Comment:

EXHIBIT B
12 of 32

 Description: Marion,OR Document - Book.Page (Up to 1/14/04) 982.273 Page: 13 of 32
Order: 01 Comment:

EXHIBIT B
13 of 32

 Description: Marion,OR Document - Book.Page (Up to 1/14/04) 982.273 Page: 14 of 32
Order: 01 Comment:

EXHIBIT B
14 of 32

 Description: Marion,OR Document - Book.Page (Up to 1/14/04) 982.273 Page: 15 of 32
Order: 01 Comment:

EXHIBIT B
15 of 32

 Description: Marion,OR Document - Book.Page (Up to 1/14/04) 982.273 Page: 16 of 32
Order: 01 Comment:

EXHIBIT B
16 of 32

 Description: Marion,OR Document - Book.Page (Up to 1/14/04) 982.273 Page: 17 of 32
Order: 01 Comment:

EXHIBIT B
17 of 32

 Description: Marion,OR Document - Book.Page (Up to 1/14/04) 982.273 Page: 18 of 32
Order: 01 Comment:

EXHIBIT B
18 of 32

 Description: Marion,OR Document - Book.Page (Up to 1/14/04) 982.273 Page: 19 of 32
Order: 01 Comment:

EXHIBIT B
19 of 32

 Description: Marion,OR Document - Book.Page (Up to 1/14/04) 982.273 Page: 20 of 32
Order: 01 Comment:

EXHIBIT B
20 of 32

 Description: Marion,OR Document - Book.Page (Up to 1/14/04) 982.273 Page: 21 of 32
Order: 01 Comment:

EXHIBIT B
21 of 32

 Description: Marion,OR Document - Book.Page (Up to 1/14/04) 982.273 Page: 22 of 32
Order: 01 Comment:

EXHIBIT B
22 of 32

 Description: Marion,OR Document - Book.Page (Up to 1/14/04) 982.273 Page: 23 of 32
Order: 01 Comment:

EXHIBIT B
23 of 32

 Description: Marion,OR Document - Book.Page (Up to 1/14/04) 982.273 Page: 24 of 32
Order: 01 Comment:

EXHIBIT B
24 of 32

 Description: Marion,OR Document - Book.Page (Up to 1/14/04) 982.273 Page: 25 of 32
Order: 01 Comment:

EXHIBIT B
25 of 32

 Description: Marion,OR Document - Book.Page (Up to 1/14/04) 982.273 Page: 26 of 32
Order: 01 Comment:

EXHIBIT B
26 of 32

 Description: Marion,OR Document - Book.Page (Up to 1/14/04) 982.273 Page: 27 of 32
Order: 01 Comment:

EXHIBIT B
27 of 32

 Description: Marion,OR Document - Book.Page (Up to 1/14/04) 982.273 Page: 28 of 32
Order: 01 Comment:

EXHIBIT B
28 of 32

 Description: Marion,OR Document - Book.Page (Up to 1/14/04) 982.273 Page: 29 of 32
Order: 01 Comment:

EXHIBIT B
29 of 32

 Description: Marion,OR Document - Book.Page (Up to 1/14/04) 982.273 Page: 30 of 32
Order: 01 Comment:

EXHIBIT B
30 of 32

 Description: Marion,OR Document - Book.Page (Up to 1/14/04) 982.273 Page: 31 of 32
Order: 01 Comment:

EXHIBIT B
31 of 32

 Description: Marion,OR Document - Book.Page (Up to 1/14/04) 982.273 Page: 32 of 32
Order: 01 Comment:

EXHIBIT B
32 of 32