Creekside Complaint

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IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF MARION
Civil Department
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CREEKSIDE HOMEOWNERS
ASSOCIATION, INC., an Oregon non-profit
corporation,
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Plaintiff,
v.
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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,
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Defendants.
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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:
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1.
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Plaintiff Creekside Homeowners Association, Inc. (herein, as appropriate, either
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"Plaintiff" or "the Association") is an Oregon non-profit corporation, having as its members lot
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owners in the Creekside PUD, which is authorized to initiate litigation pursuant to ORS 94.630
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in matters that affect the common interest of the owners.
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2.
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The Association is subject to the Oregon Planned Community Act, ORS 94, et seq.,
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where not in direct conflict with the recorded declaration of covenants, conditions and
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restrictions governing the Association.
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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
Oregon, generally located in the southwest area of the City of Salem. Creekside PUD consists of
16 separate platted phases, and 2 re-plats of portions of two prior phases, all known as:
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Golf Club Estates at Creekside P.U.D. -- Phase 1;
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Golf Club Estates at Creekside P.U.D. -- Phase 2;
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Golf Club Estates at Creekside Phase 4 P.U.D.;
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Golf Club Estates at Creekside Phase 6A P.U.D.;
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Golf Club Estates at Creekside Phase 6 P.U.D. a Replat of Lots 217 through 220
and Common Area;
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Re-Plat of Lots 349 and 350 Golf Club Estates at Creekside Phase 8 P.U.D.;
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Fairway One at Creekside P.U.D.;
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17)
EcoWest at Creekside P.U.D.; and
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18)
Skyline at Creekside.
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At present, there are 588 developed single family homes located within all 18 of these plats of
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the Creekside PUD. At present, development within some of the later phases continues.
4.
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Creekside Golf Course is real property consisting of an 18-hole golf course, inclusive of
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fairways, greens, tee-boxes, driving range, clubhouse, and service buildings, collectively called
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"the Course," adjoining, interspersed, and fully-encircled by and among the residential lots of the
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Association. There are approximately 136 acres, more or less, underlying the Course. The
PAGE 2 COMPLAINT

Phone: 503-684-4111
Fax: 503-598-7798
P14722-003
Creekside Golf Course real property has at all relevant times been owned and operated by the
Creekside PUD developer, its successors-in-interest, and now, the Defendants, and is further
contained within the legal description attached hereto as "Exhibit A" to be incorporated herein by
this reference.
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Defendant Creekside Golf Course, LLC, an Oregon limited liability company, is the
present owner of the Course. Defendant Creekside Golf Course, LLC, does business as or
otherwise holds itself out as "Creekside Golf Club." In addition to others, Creekside Golf
Course, LLC, is the successor-in-interest to the developer of Creekside PUD, the promoters of
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the Association, and the sellers of residential lots therein to Association members.
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Upon information and belief, there are now members of Creekside Golf Course, LLC,
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who either were or are presently shareholders or partners in the predecessor-in-interest entities
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that developed Creekside PUD, promoted the Association, and the sold residential lots therein to
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Association members or building contractors for subsequent sale to Association members.

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Defendant Creekside Golf Operations, LLC, an Oregon limited liability company, is the
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present operator of the Course. Defendant Creekside Golf Operations, LLC, also does business
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as or otherwise holds itself out as "Creekside Golf Club." Upon information and belief,
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Defendant Creekside Golf Operations, LLC has either a contractual relationship with Defendant
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Creekside Golf Course, LLC or has ownership in common with Defendant Creekside Golf
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Course, LLC, such that two entities together control, manage and operate the Course.
8.
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Defendants' predecessors-in-interest to the Course represented, promised, developed and
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sold lots in the Creekside PUD as part of "the Jewel of the Willamette Valley'' and as
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neighboring an "18-hole golf course." Advertised amenities included the use, views and common
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benefits of residing adjacent to, and interspersed with a high quality golf course, and open space,
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which enhanced the quality and livability for Association members in the Creekside PUD.
PAGE 3 COMPLAINT

Phone: 503-684-4111
Fax: 503-598-7798
P14722-003
9.
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The Creekside PUD, the Association, and the Course are all governed by that certain
instrument titled "Declaration of Covenants, Conditions and Restrictions of Golf Course Estates
at Creekside," which was recorded in the Real Property Records of Marion County, State of
Oregon, on August 26, 1992, as Book 982, Page 273 (hereinafter "Creekside Covenant"). A
true and correct copy of the Creekside Covenant is attached hereto as "Exhibit B" to be
incorporated herein by this reference.
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For its First Claim for Relief, Plaintiff alleges:
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FIRST CLAIM FOR RELIEF - DECLARATORY RELIEF
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Plaintiff realleges and incorporates the allegations of paragraphs 1 through 9 herein.
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(Count One - Creekside Covenant)
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11.
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Except for the Creekside Covenant, there is no recorded instrument setting forth the
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rights, title and beneficial interest, if any, of the Plaintiff to the Defendants' real property
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described in "Exhibit A". Pursuant to ORS 28.020, Plaintiff seeks a declaration of Plaintiff's and
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Defendants' rights and obligations under the Creekside Covenant.

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Plaintiff seeks a declaration from the Court that the Creekside Covenant provides for the
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following express restrictions concerning the Course, and further creates enforceable rights
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benefitting Plaintiff:
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(a)
The present owner -- and any and all successive owners -- of the Course are
bound by the Creekside Covenant;
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(b)
The boundary lines of the Course cannot be altered;
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(c)
By implication of the covenant prohibiting alteration of the Course boundary
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lines, the real property underlying the Course cannot be subdivided;
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PAGE 4 COMPLAINT

Phone: 503-684-4111
Fax: 503-598-7798
P14722-003
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(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
the golf course, and cannot eliminate the golf course from the real property underlying the
Course; and
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(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
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parties, the terms of the Creekside Covenant and the rights of Plaintiff and Defendants, or their
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predecessors-in-interest, thereunder.
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An actual justiciable controversy exists regarding the parties' rights and interests under
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both the Creekside Covenant and in the Course. Defendant Creekside Golf Course, LLC and
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Defendant Creekside Golf Operations, LLC each contend they have the right to terminate the
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Course, cease operations and to develop the real property underlying the Course into residential
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housing. Defendants have made numerous public statements regarding their belief in their rights
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to this end and their intention to develop the Course for some purpose other than an 18-hole golf
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course. By and through Defendants' authority, applications have previously been filed with the
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City of Salem seeking to subdivide the Course in order to develop housing on the Course.
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Despite the assertions made by Defendants, Plaintiff is entitled to a decree and judgment from
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the Court in its favor, as set forth in paragraph 12, above.

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Plaintiff has suffered damage due to the actions of Defendants including, but not limited
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to, attorney fees actually incurred. Plaintiff is entitled to its reasonable attorney fees pursuant to
PAGE 5 COMPLAINT

Phone: 503-684-4111
Fax: 503-598-7798
P14722-003
Article XV, Section 2 of the Creekside Covenant. Plaintiff is additionally entitled to
supplemental relief pursuant to ORS 28.080.
(Count Two - Equitable Servitude)
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A case and controversy exists between the Plaintiff and Defendants in that Plaintiff
claims it is the beneficial owner of an equitable servitude that burdens the Defendants' real
property described in "Exhibit A," so that the Association may continue as a "golf course
community," having as amenities the use, views and common benefits of residing adjacent to and
interspersed in a high quality, operating 18-hole golf course, clubhouse, and driving range, and
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the Defendants' claims that the Plaintiff has no beneficial right, title or interest in such real
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property, except as set forth in the Creekside Covenant.

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The rights, title and beneficial interest of Plaintiff in Defendants' real property, if any, has
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not been determined, is uncertain, and a declaratory judgment setting forth those rights, title and
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beneficial interest, if any, will terminate the controversy and remove the uncertainty.
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Plaintiff is entitled to a judgment declaring it possesses a right, title, and beneficial
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interest in the Course on Defendants' real property such that, for Plaintiffs non-exclusive
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benefit, the Defendants' real property may only be used as an 18-hole championship golf course,
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driving range, and golf clubhouse, together with such existing amenities of like character and
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quality.
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If the Court grants the declaratory relief sought herein, the Court should order that a
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special master be appointed to resolve any disputes concerning the maintenance and operation of
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the 18-hole championship golf course, clubhouse and driving range.
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PAGE 6 COMPLAINT

Phone: 503-684-4111
Fax: 503-598-7798
P14722-003
For its Second Claim for Relief, Plaintiff alleges:
SECOND CLAIM FOR RELIEF - ANTICIPATORY BREACH OF COVENANT
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Plaintiff realleges and incorporates the allegations of paragraphs 1 through 9, and
paragraphs 11 through 18, herein.
(Count 1 Alteration of Golf Course Boundaries)
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At all material times herein, Defendant Creekside Golf Course, LLC was and is now the
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owner or reputed owner of the fee simple title in and to the Course described in Exhibit A.
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Title to the Course was conveyed to Defendant Creekside Golf Course, LLC by deed
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recorded February, 21, 2002, as Instrument No. 19060396 in the Marion County records.
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The Creekside Covenant specifically declares certain restrictions and obligations which
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apply to Defendants as owners of the Course. Article VII, Section 2 of the Creekside Covenant
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binds the golf course and all owners thereof to all provision of the Creekside Covenant
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appertaining to the golf course and related facilities.

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Pursuant to the Creekside Covenant, Plaintiff was created as a homeowners association to
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enforce the provisions of the Creekside Covenant, as well as the Bylaws and rules and
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regulations of Plaintiff.
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Article VII, Section 3 of the Creekside Covenant provides that no modification,
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expansion or, contraction of the golf course shall occur which shall alter the boundary lines of
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the golf course property.
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PAGE 7 COMPLAINT

Phone: 503-684-4111
Fax: 503-598-7798
P14722-003
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Defendants plans to shut down the golf course and develop the Course, including, but
not limited to, Hole No. 14, constitutes anticipatory repudiation and breach of Article VII,
Section 3 of the Creekside Covenant.

26.
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Association is entitled to its reasonable attorney fees pursuant to Article XV, Section 2 of
the Creekside Covenant.
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Association is entitled to an order from the Court requiring Defendants to perform their
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obligations under the Creekside Covenant and enjoining the owner of the Course from pursuing
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any alteration of the boundary lines.
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(Count 2 Golf Course Maintenance)
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28.
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Article III, Section 4 of the Creekside Covenant places sole responsibility for the
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maintenance, upkeep and repair of out-of-bounds areas within the golf course realty upon the
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owner of the Course.

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Article VII, Section 4 of the Creekside Covenant obligates the owner of the golf course to
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reasonably maintain the appearance of the golf course and related facilities and to reasonably
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maintain any streams, ponds or lakes on the golf course so as to deter the reproduction of
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mosquitoes and other noxious insects.

30.
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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.
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Association is entitled to an order from the Court requiring Defendants to perform their
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obligations under the Creekside Covenant and enjoining the owner of the Course from ceasing
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PAGE 8 COMPLAINT

Phone: 503-684-4111
Fax: 503-598-7798
P14722-003
irrigation, landscaping, and other commonly accepted forms of golf course maintenance for an
18-hole championship golf course.
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For its Third Claim for Relief, Plaintiff alleges:
THIRD CLAIM FOR RELIEF -- QUIET TITLE
32.
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Plaintiff realleges and incorporates the allegations of paragraphs 1 through 9, paragraphs

11 through 18, and paragraphs 20 through 31, herein.
(Count One- Equitable Servitude by Estoppel)
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33.
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Plaintiff claims an interest in the Course, although not in actual possession of the Course.
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34.
Defendants have publically announced their intention to cease operating and maintaining
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the Course effective on or about April 30, 2016. Based upon these very public representations
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by Defendants' agents, it is reasonable for Association to believe that Defendants will in fact stop
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operating the Course. Defendants have also threatened to, and have otherwise represented their
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intention to, terminate the use, operations, views, open space, common benefits and existence of
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the Course by engaging in one or more of the following acts:
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(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
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development of residential lots upon fairways, tee-boxes and greens including the No. 14
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fairway;
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(d)
Threatening to terminate irrigation, landscaping and all other maintenance for the
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Course, which would make impossible the use of fairways, tee-boxes and greens No. 1 through
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No.18 for golf course purposes; and

PAGE 9 COMPLAINT

Phone: 503-684-4111
Fax: 503-598-7798
P14722-003
(e)
Threatening to cause and allow waste and disrepair to occur on the Course.
35.
Plaintiff claims it is the beneficial owner of an equitable servitude that burdens the
Defendants real property so that the Association may continue as a "golf course community"
having as amenities the use, views and common benefits of residing adjacent to and interspersed
in a high quality operating golf course, clubhouse, and driving range.

36.
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Pursuant to ORS 105.605 the court may determine the adverse and conflicting interests of
the parties.
37.
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Plaintiff claims that the above-referenced equitable servitude exists by estoppel in that:
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(a)
Defendants and their predecessors-in-interest, by their advertisements and
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marketing, encouraged and permitted Association members to purchase, occupy and use
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residential lots in reasonable reliance upon representations that they were purchasing lots in the
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high quality "jewel of the Willamette Valley" "18-hole golf course community."
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(b)
Such representations made it foreseeable that Association members would not
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have purchased, occupied or used such residential lots believing that the common benefit of
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residing in a "golf course community" would be revoked; and
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(c)
Injustice can only be avoided by the establishment of such servitude.
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In the alternative to Count One, Plaintiff further alleges:
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(Count Two - Equitable Servitude from Implied General Plan)
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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;"
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PAGE 10 COMPLAINT

Phone: 503-684-4111
Fax: 503-598-7798
P14722-003
(b)
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Each lot within the Association is the implied beneficiary of all express and
implied servitudes imposed to carry out the general plan;

(c)
Conveyances by Defendants' predecessors-in-interest to Association members
included express servitudes upon the common areas of Association, including, but not limited to,
the easements described in Article XIII, Section 4 of the Creekside Covenant, to implement the
general plan of development of a "golf course community;"

(d)
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The Creekside Covenant provides that a golf course and related facilities shall
exist on the real property described in "Exhibit A".

(e)
By implication, the general plan of development and various conditions contained
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within the Creekside Covenant created an implied reciprocal servitude burdening the real
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property described in "Exhibit A"; and

(f)
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Injustice can be avoided only by reciprocally implying the above-referenced
equitable servitude.
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In the alternative to Counts One and Two, Plaintiff further alleges:
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(Count Three - Equitable Servitude by Implication)
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39.
Plaintiff claims that the above-referenced equitable servitude exists by implication in
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that:
(a)
Prior to the sale of lots to Association members, Creekside PUD and the Course
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were jointly owned by Defendants' predecessor-in-interest, Hawaii Northwest Ventures Limited
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Partnership;
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(b)
The Course has previously been used for the common benefit of Association
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members to reside in a "golf course community" - in part forming the basis for the members to
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purchase their homes and fostering greater market value and demand for those member's homes -
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and the Course was used by the Defendants' predecessors-in-interest to market and sell lots to
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Association members;
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PAGE 11 COMPLAINT

Phone: 503-684-4111
Fax: 503-598-7798
P14722-003
(c)
At the time of lot sales to Association members, the parties had reasonable
grounds to expect that any future conveyances or development would not terminate the right of
Association members to the views and open space created by the Course, and the continuation of
golf course operations on the Course;

(d)
Defendants' current efforts to develop parcels from the Course and intention to
discontinue operations of an 18-hole golf course are contrary to the reasonable expectations of
the members of the Association to enjoy the common benefit of residing in a "golf course
community;"
(e)
The prior use as a course was not merely temporary or casual, and the existence of
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such prior use is apparent and a material part of the reason Association members purchased lots
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from Defendants' predecessors-in-interest; and

(f)
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Continuation of the Course is reasonably necessary to enjoyment of the
Association members previously and commonly benefited by such prior use.
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In the alternative to Counts One, Two and Three, Plaintiff further alleges:
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(Count Four- Equitable Servitude by Necessity)
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Plaintiff claims that the above-referenced equitable servitude exists by necessity in that a
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development of lots from the Course by Defendants would deprive the Association members of
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rights necessary to reasonable enjoyment of the lots conveyed to them in Creekside PUD by
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Defendants' predecessors-in-interest.
41.
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Plaintiff has no plain, speedy, or adequate remedy at law.
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PAGE 12 COMPLAINT

Phone: 503-684-4111
Fax: 503-598-7798
P14722-003
For its Fourth Claim for Relief, Plaintiff alleges:
FOURTH CLAIM FOR RELIEF -- WASTE; PERMANENT INJUNCTION
42.
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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.
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Plaintiff is the beneficial owner of an equitable servitude that burdens the Defendants'
real property.
44.
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Defendants' threatened activities and plans to terminate the use, operations, views,
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common benefits and existence of the golf course from the real property underlying the Course,
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as set forth above, will cause waste, substantial damage to, and destruction of Plaintiff's equitable
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servitude and upon the beneficial interest in the real property.

45.
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Any further action beyond mere preparation by Defendants' of subdivision and housing
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development activities on the Course threatens to and will produce immediate and irreparable
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harm to Plaintiffs property interest in the real property.

46.
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Any further action beyond mere threatened closure of the golf course and related
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facilities by Defendants threatens to and will produce immediate and irreparable harm to
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Plaintiffs property interest in the real property.

47.
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Plaintiff lacks a plain, speedy or adequate remedy at law.

48.
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Plaintiff is entitled to a permanent injunction prohibiting the Defendants, their agents and
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representatives, and any of their successors-in-interest from engaging in one or more of the
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following activities:
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PAGE 13 COMPLAINT

Phone: 503-684-4111
Fax: 503-598-7798
P14722-003
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(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;
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(f)
Failing to water fairways, tee-boxes and greens No. 1 through No. 18;
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(g)
Allowing the Course to fall into disrepair;
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(h)
Ceasing operation of the 18-hole Course; and
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(i)
Such other relief as is equitable and just.

49.
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Plaintiff is entitled to a preliminary injunction to restrain Defendants, their agents and
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representatives, and any of their successors-in-interest from engaging in the above-referenced
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activities pending disposition of the Plaintiffs application for permanent relief.

50.
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Plaintiff is entitled to a permanent injunction compelling the Defendants, their agents and
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representatives, and any of their successors-in-interest, their agents and representative, and any
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of their successors-in-interest to engage in each of the following activities:
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(a)
Watering the 18-hole Course, fairways, greens, tee-boxes and driving range site;
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(b)
Withdrawing any development applications to subdivide, remove parcels from the
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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;
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PAGE 14 COMPLAINT

Phone: 503-684-4111
Fax: 503-598-7798
P14722-003
(d)
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the Course;
(e)
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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)
Doing any act or omission that is contrary to the proper operation of the golf
course, driving range, and clubhouse or in any other way contrary to the rights established in
Plaintiff by the equitable servitude set forth; and

(g)
Such other relief as is equitable and just.
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WHEREFORE, Plaintiff demands and prays for relief as follows:
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(1)
On Plaintiff's First Claim for Relief, a judgment declaring that Plaintiff possesses a right,
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title and beneficial interest in Defendants' real property such that, for Plaintiffs non-
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exclusive benefit, the Defendants real property may only be used as an 18-hole
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championship golf course, clubhouse and driving range;
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(2)
On Plaintiff's Second Claim for Relief, a judgment declaring Defendants to have
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committed an anticipatory breach of covenant of their obligations under the Creekside
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Covenant, and enjoining Defendants from further breach as more fully prayed for in
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Plaintiff's Fourth Claim for Relief;
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(3)
On Plaintiff's Third Claim for Relief, a decree quieting title to an equitable interest in
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Defendants' real property to provide that Plaintiff is the beneficial owner of an equitable
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servitude that runs with the land to burden the Defendants' real property so Creekside
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may continue as a "golf course community" having as amenities the use, views and
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common benefits of residing adjacent to and interspersed in a high quality, operating 18-
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hole golf course, clubhouse, and driving range;
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(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

Phone: 503-684-4111
Fax: 503-598-7798
P14722-003
(b)
Seeking any lot-line adjustments or subdivision to remove parcels from

the Course;
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(c)
Making any land use applications to alter the use of parcels located within
the Course;
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(d)
Tearing out the driving range, fairways, greens, tee-boxes, or any other
portion of the Course;
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(e)
Conducting any development or construction of residential lots upon

fairways and greens, or upon the driving range;
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(f)
Failing to water fairways, tee-boxes and greens #1 through #18;
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(g)
Allowing the Course to fall into disrepair;
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(h)
Ceasing operation of the 18-hole Course; and
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(i)
Such other relief as is equitable and just;
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(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

Phone: 503-684-4111
Fax: 503-598-7798
P14722-003
(6)
For a judgment against Defendants for Plaintiff's reasonable attorney fees, costs and
disbursements incurred herein, plus post-judgment interest thereon at the statutory rate of
nine percent (9.0%); and
(7)
For such other relief the Court deems just and equitable.
5
6
Dated this 25th day of April, 2016.

/s/ T. Beau Ellis
T. Beau Ellis, OSB #093437
Christopher M. Tingey, OSB # 014326
17355 SW Boones Ferry Road, Suite A
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

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 7117'02"
WEST 244.91 FEET) 249.26 FEET TO A 5/8" IRON ROD; THENCE NORTH 8916'48" 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 7147'32" WEST 205.01 FEET) 208.78 FEET TO A 5/8" IRON ROD; THENCE SOUTH
042'45" WEST 261.68 FEET TO A 5/8" IRON ROD; THENCE SOUTH 2528'45" WEST 220.80 FEET TO A
5/8" IRON ROD; THENCE NORTH 7822'34" EAST 45.25 FEET TO A 5/8" IRON ROD; THENCE NORTH
8720'20" EAST 138.72 FEET TO A 5/8" IRON ROD; THENCE SOUTH 7835'55" EAST 195.13 FEET TO A
5/8" IRON ROD; THENCE SOUTH 4906'28" EAST 114.75 FEET TO A 5/8" IRON ROD; THENCE SOUTH
5/8" IRON ROD; THENCE SOUTH 7156'44" EAST 148.23 FEET TO A 5/8" IRON ROD; THENCE NORTH
8419'03" EAST 108.68 FEET TO A 5/8" IRON ROD; THENCE NORTH 2533'32" EAST 112.74 FEET TO A
5/8" IRON ROD; THENCE NORTH 7210'12" EAST 116.08 FEET TO A 5/8" IRON ROD; THENCE SOUTH
6536'24" EAST 93.59 FEET A 5/8" IRON ROD; THENCE SOUTH 5653'07" EAST 157.13 FEET TO A 5/8"
IRON ROD; THENCE SOUTH 5037'56" EAST 170.84 FEET TO A 5/8" IRON ROD; THENCE SOUTH
1937'49" EAST 87.01 FEET TO A 5/8" IRON ROD: THENCE SOUTH 822'21" EAST 191.71 FEET A 5/8"
IRON ROD; THENCE SOUTH 330'40" EAST 223.95 FEET TO A 5/8" IRON ROD; THENCE SOUTH
5/8" IRON ROD; THENCE SOUTH 7411'23'' EAST 113.38 FEET TO A 5/8" IRON ROD; THENCE NORTH
5347'34" EAST 63.68 FEET TO A 5/8" IRON ROD; THENCE NORTH 3504'06'' EAST 201.75 FEET TO A
5/8" IRON ROD; THENCE NORTH 3354'31" EAST 36.06 FEET TO A 5/8" IRON ROD; THENCE SOUTH
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 3624'26" WEST 309.20 FEET; THENCE NORTH 2418'49" WEST
255.71 FEET; THENCE ALONG THE ARC OF A 1109.84 FOOT RADIUS CURVE RIGHT (LONG CHORD:
EXHIBIT A
1 of 5
NORTH 1623'47" WEST 305.74 FEET) 306.71 FEET; THENCE NORTH 828'46" WEST 320.52 FEET;
THENCE SOUTH 8131'14" WEST 12.00 FEET; THENCE NORTH 828'46" 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 2342'40" 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 5636'07" WEST 165.77 FEET) 166.56 FEET TO A 5/8" IRON ROD;
THENCE NORTH 4656'00" WEST 300.11 FEET TO A 5/8" IRON ROD; THENCE SOUTH 4304'00" WEST
100.00 FEET TO A 5/8" IRON ROD; THENCE NORTH 4656'00" WEST 162.00 FEET TO A 5/8" IRON ROD;
THENCE NORTH 5038'35" WEST 74.38 FEET TO A 5/8" IRON ROD; THENCE NORTH 5923'54" 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 8531'00" WEST 320.00 FEET TO A 5/8" IRON ROD; THENCE NORTH
8540'18" WEST 80.00 FEET TO A 5/8" IRON ROD; THENCE NORTH 8755'41" WEST 80.00 FEET TO A
5/8" IRON ROD; THENCE SOUTH 8909'08" WEST 80.00 FEET TO A 5/8" IRON ROD; THENCE SOUTH
8613'58" WEST 80.00 FEET TO A 5/8" IRON ROD; THENCE NORTH 8852'15" WEST 80.61 FEET TO A
5/8" IRON ROD; THENCE SOUTH 8726'34" WEST 80.16 FEET TO A 5/8" IRON ROD; THENCE NORTH
5/8" IRON ROD; THENCE NORTH 7210'24" WEST 36.94 FEET TO A 5/8" IRON ROD; THENCE NORTH
608'05" 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 8351'55" 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 8731'30" 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 8014'32" WEST 11.67 FEET)
11.67 FEET TO A 5/8" IRON ROD; THENCE SOUTH 1159'22" EAST 77.91 FEET TO A 5/8" IRON ROD;
THENCE SOUTH 7800'38" WEST 150.80 FEET TO A 5/8" IRON ROD; THENCE NORTH 7448'07" WEST
THENCE NORTH 8500'15" 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 429'00" 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
8531'00" 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 8351'55" WEST
415.12 FEET TO THE WESTERLY BOUNDARY OF PUD.; THENCE CONTINUING ALONG SAID RIGHT OF
WAY LINE SOUTH 8351'55" WEST 132.62 FEET; THENCE 86.23 FEET ALONG A 286.95 FOOT RADIUS
CURVE TO THE RIGHT, (THE CHORD OF WHICH BEARS NORTH 8731'32" WEST 85.91 FEET); THENCE
LEAVING SAID RIGHT OF WAY LINE NORTH 0813'11" WEST 70.40 FEET; THENCE NORTH 85 44'11"
EAST 168.91 FEET; THENCE NORTH 2633'53" EAST 50.95 FEET; THENCE NORTH 4222'47" EAST 74.74
FEET; THENCE NORTH 5505'07" EAST 54.85 FEET; THENCE NORTH 7444'19" EAST 60.34 FEET;
THENCE NORTH 4331'12" EAST 84.51 FEET; THENCE NORTH 5951'45" EAST 85.51 FEET; THENCE
NORTH 6735'01" EAST 92.75 FEET; THENCE NORTH 7810'34" EAST 132.73 FEET; THENCE NORTH
75'40'13" EAST 129.25 FEET; THENCE NORTH 8458'50" EAST 81.05 FEET; THENCE NORTH 7905'06"
EAST 58.44 FEET; THENCE NORTH 8633'17" EAST 68.52 FEET; THENCE NORTH 8630'54" EAST 181.99
FEET; THENCE SOUTH 8038'56" 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 8949'27" EAST 160.00 FEET TO THE SOUTHWEST CORNER OF LOT 48 OF
SAID P.U.D.; THENCE SOUTH 8526'27" EAST 240.13 FEET ALONG THE SOUTH LINES OF LOTS 48, 47
AND 46 TO THE SOUTHWEST CORNER OF LOT 45; THENCE SOUTH 8412'00" 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 1206'00" 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 8412'00" 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 8531'00" 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
8531'00" WEST 27.30 FEET ALONG THE NORTH LINE OF SAID LOT 61; THENCE SOUTH 7741'12"
WEST 159.51 FEET ALONG THE NORTH LINE OF LOTS 61 AND 62, THENCE SOUTH 8714'37" 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 7754'00" EAST 100.00 FEET ALONG THE SOUTH SIDE OF SAID LOT 15 TO THE
SOUTHEAST CORNER OF LOT 15; THENCE NORTH 1206'00" EAST 73.00 FEET TO THE SOUTHEAST
CORNER OF LOT 14; THENCE NORTH 5949'07" EAST 33.68 FEET TO THE SOUTHWEST CORNER OF
LOT 13; THENCE SOUTH 8951'30" EAST 43.28 FEET ALONG SAID LOT 13 TO THE NORTHWEST
CORNER OF LOT 12; THENCE SOUTH 0952'20" 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 0829'38" EAST 240.00
FEET ALONG LOTS 8, 7 AND LOT 6, TO THE SOUTHWEST CORNER OF LOT 6; THENCE SOUTH 0032'51"
WEST 74.96 FEET TO THE SOUTHWEST OF LOT 5; THENCE SOUTH 1207'48" WEST 74.34 FEET TO THE
SOUTHWEST CORNER OF LOT 4; THENCE SOUTH 7156'38" 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 2424'21" WEST 101.75 FEET); THENCE CONTINUING ALONG SAID CROOKED
STICK LOOP, SOUTH 3045'20" WEST 177.05 FEET; THENCE 34.33 FEET ALONG A 20.00 FOOT RADIUS
CURVE TO THE RIGHT (THE CHORD OF WHICH BEARS SOUTH 7955'38" WEST 30.27 FEET); THENCE
30.02 FEET ALONG A 433.52 FOOT RADIUS CURVE TO THE RIGHT, (THE CHORD OF WHICH BEARS
NORTH 4855'02" WEST 30.01 FEET); THENCE NORTH 4656'00" WEST 327.67 FEET TO THE
SOUTHEAST CORNER OF LOT 22 OF SAID PLAT; THENCE NORTH 2127'20" EAST 170.59 FEET ALONG
LOT 22 AND A PORTION OF LOT 21; THENCE NORTH 1206'00" EAST 472.05 FEET TO THE NORTHEAST
CORNER OF LOT 16; THENCE NORTH 7754'00" WEST 100.00 FEET TO THE NORTHWEST CORNER OF
SAID LOT 16; THENCE NORTH 1206'00" 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 8014'32" 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 8314'32" EAST 50.83 FEET); THENCE SOUTH 3431'42" EAST 31.72
SET; THENCE SOUTH 3422'40" WEST 40.51 FEET; THENCE SOUTH 5749'40" WEST 43.48 FEET;
THENCE SOUTH 7800' 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 7448'07" WEST 416.64 FEET; THENCE NORTH 1511'53"
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 7448'07" EAST 418.85 FEET; THENCE NORTH 7800'38" EAST 150.80 FEET TO THE
SOUTHEAST CORNER OF SAID LOT 1 OF FAIRWAY ONE AT CREEKSIDE; THENCE NORTH 1159'22"
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 1710'43" WEST, ALONG
THE EAST LINE OF SAID LOT, A DISTANCE OF 162.26 FEET; THENCE SOUTH 0017'02" EAST, A
DISTANCE OF 140.27 FEET; THENCE SOUTH 0255'54" WEST, A DISTANCE OF 160.58 FEET; THENCE
SOUTH 0400'03" EAST, A DISTANCE OF 125.35 FEET; THENCE NORTH 2604'44" EAST, LEAVING SAID
LOT LINE, A DISTANCE OF 37.76 FEET, TO THE CENTERLINE OF BATTLE CREEK; THENCE NORTH
0455'25" WEST, ALONG SAID CENTERLINE OF CREEK, A DISTANCE OF 12.60 FEET; THENCE NORTH
1940'55" WEST, A DISTANCE OF 22.32 FEET; THENCE NORTH 2312'23" EAST, A DISTANCE OF 33.07
FEET; THENCE NORTH 3519'07" EAST, A DISTANCE OF 28.11 FEET; THENCE NORTH 4524'51" EAST,
A DISTANCE OF 23.65 FEET; THENCE NORTH 1004'34" EAST, LEAVING SAID CENTERLINE OF CREEK, A
DISTANCE OF 70.55 FEET; THENCE NORTH 0210'23" 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 0000'41" 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 8058'12" EAST 524.48
FEET TO A 5/8" IRON ROD; THENCE SOUTH 0021'48" WEST 76.00 FEET TO A 5/8" IRON ROD; THENCE
NORTH 7704'10" 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 7857'08" EAST 64.07 FEET) TO
A 5/8" IRON ROD; THENCE NORTH 1208'44" WEST 201.18 FEET TO A 5/8" IRON ROD; THENCE SOUTH
5/8" IRON ROD; THENCE SOUTH 6515'55" WEST 238.89 FEET TO A 5/8" IRON ROD; THENCE SOUTH
5150'48" WEST 96.43 TO THE POINT OF BEGINNING.
NOTE: This Legal Description was created prior to January 01, 2008.
EXHIBIT A
5 of 5
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Creekside Complaint

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1

IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF MARION

CREEKSIDE GOLF COURSE, LLC, an

Plaintiff for its Complaint alleges as follows:

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

in matters that affect the common interest of the owners.

restrictions governing the Association.

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

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

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

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

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

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

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

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

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

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

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

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

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

Fairway One at Creekside P.U.D.;

EcoWest at Creekside P.U.D.; and

VIAL FOTHERINGHAM LLP

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

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

VIAL FOTHERINGHAM LLP

incorporated herein by this reference.

For its First Claim for Relief, Plaintiff alleges:

FIRST CLAIM FOR RELIEF - DECLARATORY RELIEF

(Count One - Creekside Covenant)

Defendants' rights and obligations under the Creekside Covenant.

bound by the Creekside Covenant;

The boundary lines of the Course cannot be altered;

By implication of the covenant prohibiting alteration of the Course boundary

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

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Course is provided for;

underlying the Course.

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

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

supplemental relief pursuant to ORS 28.080.

(Count Two - Equitable Servitude)

property, except as set forth in the Creekside Covenant.

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

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

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For its Second Claim for Relief, Plaintiff alleges:

SECOND CLAIM FOR RELIEF - ANTICIPATORY BREACH OF COVENANT

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

paragraphs 11 through 18, herein.

(Count 1 Alteration of Golf Course Boundaries)

appertaining to the golf course and related facilities.

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

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

the golf course property.

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Section 3 of the Creekside Covenant.

any alteration of the boundary lines.

(Count 2 Golf Course Maintenance)

owner of the Course.

mosquitoes and other noxious insects.

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