Creekside Complaint

8/17/2019 Creekside Complaint

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PAGE 1 – COMPLAINT VIAL FOTHERINGHAM LLP17355 SW Boones Ferry Rd., Suite A

Lake Oswego, OR 97035Phone: 503-684-4111

Fax: 503-598-7798P14722-003

IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF MARION

Civil Department

CREEKSIDE HOMEOWNERSASSOCIATION, INC., an Oregon non-profitcorporation,

Plaintiff,

v.

CREEKSIDE GOLF COURSE, LLC, anOregon limited liability company, d/b/aCREEKSIDE GOLF CLUB; CREEKSIDEGOLF OPERATIONS, LLC, also d/b/aCREEKSIDE GOLF CLUB,

Defendants.

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

Case No.

COMPLAINT

(Declaratory Judgment - CCR's; Breach ofCovenant - Anticipatory; Quiet Title -

Equitable Servitude; Injunctive Relief;Attorney Fees)

Filing fee of $252 per to ORS 21.135

CLAIMS NOT SUBJECT TOMANDATORY ARBITRATION

Plaintiff for its Complaint alleges as follows:

1.

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

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

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

in matters that affect the common interest of the owners.

2.

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

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

restrictions governing the Association.

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,


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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:

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

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

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



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

7) Golf Club Estates at Creekside Phase 6 P.U.D. a Replat of Lots 217 through 220

and Common Area;



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






16) Fairway One at Creekside P.U.D.;

17) EcoWest at Creekside P.U.D.; and

18) Skyline at Creekside.

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

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

4.

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

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

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

Association. There are approximately 136 acres, more or less, underlying the Course. The


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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.

5.

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

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

6.

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

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

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

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

7.

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

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

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

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

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

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

8.

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

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

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

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

which enhanced the quality and livability for Association members in the Creekside PUD.


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Fax: 503-598-7798P14722-003

9.

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.

For its First Claim for Relief, Plaintiff alleges:

FIRST CLAIM FOR RELIEF - DECLARATORY RELIEF

10.

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

(Count One - Creekside Covenant)

11.

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

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

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

Defendants' rights and obligations under the Creekside Covenant.

12.

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

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

benefitting Plaintiff:

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

bound by the Creekside Covenant;

(b) The boundary lines of the Course cannot be altered;

(c) 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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(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

(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

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

predecessors-in-interest, thereunder.

13.

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

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

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

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

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

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

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

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

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

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

14.

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

to, attorney fees actually incurred. Plaintiff is entitled to its reasonable attorney fees pursuant to


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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)

15.

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

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

property, except as set forth in the Creekside Covenant.

16.

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

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

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

17.

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

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

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

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

quality.

18.

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

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

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

19.

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

paragraphs 11 through 18, herein.

(Count 1 – Alteration of Golf Course Boundaries)

20.

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

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

21.

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

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

22.

The Creekside Covenant specifically declares certain restrictions and obligations which

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

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

appertaining to the golf course and related facilities.

23.

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

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

regulations of Plaintiff.

24.

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

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

the golf course property.

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25.

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.

Association is entitled to its reasonable attorney fees pursuant to Article XV, Section 2 of

the Creekside Covenant.

27.

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

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

any alteration of the boundary lines.

(Count 2 – Golf Course Maintenance)

28.

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

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

owner of the Course.

29.

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

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

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

mosquitoes and other noxious insects.

30.

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.

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

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


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

18-hole championship golf course.

For its Third Claim for Relief, Plaintiff alleges:

THIRD CLAIM FOR RELIEF -- QUIET TITLE

32.

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)

33.

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

34.

Defendants have publically announced their intention to cease operating and maintaining

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

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

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

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

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

(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

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

fairway;

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

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

No.18 for golf course purposes; and


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(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.

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

the parties.

37.

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

(a) Defendants and their predecessors-in-interest, by their advertisements and

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

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

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

(b) Such representations made it foreseeable that Association members would not

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

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

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

In the alternative to Count One, Plaintiff further alleges:

(Count Two - Equitable Servitude from Implied General Plan)

38.

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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(b) 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) 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

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

property described in "Exhibit A"; and

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

equitable servitude.

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

(Count Three - Equitable Servitude by Implication)

39.

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

that:

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

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

Partnership;

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

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

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

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

Association members;


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(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

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

from Defendants' predecessors-in-interest; and

(f) Continuation of the Course is reasonably necessary to enjoyment of the

Association members previously and commonly benefited by such prior use.

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

(Count Four- Equitable Servitude by Necessity)

40.

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

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

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

Defendants' predecessors-in-interest.

41.

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

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For its Fourth Claim for Relief, Plaintiff alleges:

FOURTH CLAIM FOR RELIEF -- WASTE; PERMANENT INJUNCTION

42.

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.

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

real property.

44.

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

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

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

servitude and upon the beneficial interest in the real property.

45.

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

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

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

46.

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

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

Plaintiff’s property interest in the real property.

47.

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

48.

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

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

following activities:


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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;

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

(g) Allowing the Course to fall into disrepair;

(h) Ceasing operation of the 18-hole Course; and

(i) Such other relief as is equitable and just.

49.

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

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

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

50.

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

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

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

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

(b) Withdrawing any development applications to subdivide, remove parcels from the

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

the Course;

(e) 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.

WHEREFORE, Plaintiff demands and prays for relief as follows:

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

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

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

championship golf course, clubhouse and driving range;

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

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

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

Plaintiff's Fourth Claim for Relief;

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

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

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

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;

(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;


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(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;

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

(g) Allowing the Course to fall into disrepair;

(h) Ceasing operation of the 18-hole Course; and

(i) Such other relief as is equitable and just;

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

range site;

(b) Withdrawing any development applications to subdivide, remove parcels

from the 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;

(d) Maintaining the driving range, fairways, greens, tee-boxes, or any other

portion of the Course;

(e) 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; and


17/54

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Fax: 503-598-7798P14722-003

(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.

Dated this 25th day of April, 2016. VIAL FOTHERINGHAM LLP

/s/ T. Beau EllisT. Beau Ellis, OSB #093437Christopher M. Tingey, OSB # 01432617355 SW Boones Ferry Road, Suite ALake Oswego, OR 97035T: (503) 684-4111F: (503) 598-7758E: [email protected]: [email protected] Attorneys for Plaintiff

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


18/54

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 WILLAMETTEMERIDIAN, 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 ATCREEKSIDE 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 FEETTO A 5/8" IRON ROD; THENCE ALONG THE ARC OF A 316.00 FOOT RADIUS CURVE LEFT (LONGCHORD: SOUTH 71°47'32" WEST 205.01 FEET) 208.78 FEET TO A 5/8" IRON ROD; THENCE SOUTH0°42'45" WEST 261.68 FEET TO A 5/8" IRON ROD; THENCE SOUTH 25°28'45" WEST 220.80 FEET TO A5/8" IRON ROD; THENCE NORTH 78°22'34" EAST 45.25 FEET TO A 5/8" IRON ROD; THENCE NORTH87°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 SOUTH57°48'26" EAST 61.27 FEET TO A 5/8" IRON ROD; THENCE SOUTH 74°08'58" EAST 83.08 FEET TO A5/8" IRON ROD; THENCE SOUTH 71°56'44" EAST 148.23 FEET TO A 5/8" IRON ROD; THENCE NORTH84°19'03" EAST 108.68 FEET TO A 5/8" IRON ROD; THENCE NORTH 25°33'32" EAST 112.74 FEET TO A5/8" IRON ROD; THENCE NORTH 72°10'12" EAST 116.08 FEET TO A 5/8" IRON ROD; THENCE SOUTH23°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 SOUTH65°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 SOUTH15°18'08" WEST 153.91 FEET TO A 5/8" IRON ROD; THENCE SOUTH 17°10'35" WEST 215.42 FEET TO A5/8" 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 A5/8" IRON ROD; THENCE SOUTH 74°11'23'' EAST 113.38 FEET TO A 5/8" IRON ROD; THENCE NORTH53°47'34" EAST 63.68 FEET TO A 5/8" IRON ROD; THENCE NORTH 35°04'06'' EAST 201.75 FEET TO A5/8" IRON ROD; THENCE NORTH 33°41'07" EAST 86.01 FEET TO A 5/8" IRON ROD; THENCE NORTH68°00'58" EAST 254.26 FEET TO A 5/8" IRON ROD; THENCE NORTH 35°09'39" EAST 80.97 FEET TO A5/8" IRON ROD; THENCE NORTH 50°11'52" EAST 145.50 FEET TO A 5/8" IRON ROD; THENCE NORTH51°49'55" EAST 96.23 FEET TO A 5/8" IRON ROD; THENCE NORTH 65°15'50" EAST 238.94 FEET TO A5/8" IRON ROD; THENCE NORTH 77°04'10" EAST 336.11 FEET TO A 5/8" IRON ROD; THENCE NORTH77°51'16" EAST 205.32 FEET TO A 5/8" IRON ROD; THENCE NORTH 70°43'37" EAST 183.22 FEET TO A5/8" IRON ROD; THENCE SOUTH 51°40'45" EAST 177.18 FEET TO A 5/8" IRON ROD; THENCE SOUTH78°12'14" EAST 249.56 FEET TO A 5/8" IRON ROD; THENCE NORTH 81°18'38" EAST 168.19 FEET TO A5/8" 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 SOUTH89°00'25" EAST 96.35 FEET TO A 5/8" IRON ROD; THENCE NORTH 66°00'52" EAST 160.61 FEET TO A5/8" IRON ROD; THENCE NORTH 33°54'31" EAST 36.06 FEET TO A 5/8" IRON ROD; THENCE SOUTH78°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 SOUTH34°41'09" EAST 158.04 FEET TO A 5/8" IRON ROD; THENCE SOUTH 38°20'59" EAST 167.28 FEET TO A5/8" 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 651.20FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF SUNNYSIDE ROAD; THENCE ALONG SAID RIGHT-OF-WAY LINE AS FOLLOWS: NORTH 36°24'26" WEST 309.20 FEET; THENCE NORTH 24°18'49" WEST255.71 FEET; THENCE ALONG THE ARC OF A 1109.84 FOOT RADIUS CURVE RIGHT (LONG CHORD:

EXHIBIT A1 of 5


19/54

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-OF-WAY OF LINE OF CREEKSIDE DRIVE AS SHOWN ON THE RECORDED PLAT OF GOLF CLUB ESTATES ATCREEKSIDE 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 CURVERIGHT) 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" WEST100.00 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" WEST240.00 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 NORTH85°40'18" WEST 80.00 FEET TO A 5/8" IRON ROD; THENCE NORTH 87°55'41" WEST 80.00 FEET TO A5/8" 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 A5/8" IRON ROD; THENCE SOUTH 87°26'34" WEST 80.16 FEET TO A 5/8" IRON ROD; THENCE NORTH88°18'20" WEST 80.75 FEET TO A 5/8" IRON ROD; THENCE SOUTH 88°40'44" WEST 166.84 FEET TO A5/8" IRON ROD; THENCE NORTH 72°10'24" WEST 36.94 FEET TO A 5/8" IRON ROD; THENCE NORTH6°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 132.63FEET TO A 5/8" IRON ROD; THENCE ALONG THE ARC OF A 336.92 FOOT RADIUS CURVE RIGHT (LONGCHORD: 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" WEST52.08 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 A2 of 5


20/54

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 RUNNINGSOUTH 4°29'00" WEST 57.71 FEET TO THE SOUTHWEST CORNER OF SAID LOT 62 ON THE NORTHERLYRIGHT OF WAY LINE OF CREEKSIDE DRIVE; THENCE ALONG SAID RIGHT OF WAY LINE NORTH85°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 OFWAY LINE SOUTH 83°51'55" WEST 132.62 FEET; THENCE 86.23 FEET ALONG A 286.95 FOOT RADIUSCURVE TO THE RIGHT, (THE CHORD OF WHICH BEARS NORTH 87°31'32" WEST 85.91 FEET); THENCELEAVING 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; THENCENORTH 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 GOLFCLUB 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 ALONGTHE SOUTH LINES OF LOTS 45, 44, 43, 42, AND 41 TO THE SOUTHEAST CORNER OF LOT 41 ON THEWEST SIDE OF CROOKED STICK LOOP; THENCE SOUTH 12°06'00" WEST 320.70 FEET ALONG THEWEST 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" WEST338.06 FEET ALONG THE NORTH SIDE OF LOTS 35, 34, 33 AND 32 TO THE NORTHWEST CORNER OFLOT 32, BEING ALSO THE NORTHEAST CORNER OF LOT 61 OF SAID PHASE 2 P.U.D.; THENCE NORTH85°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" WEST22.54 FEET TO THE POINT OF BEGINNING.

ALSO: (14TH FAIRWAY)BEGINNING AT THE SOUTHWEST CORNER OF LOT 15 OF THE GOLF CLUB ESTATES AT CREEKSIDEP.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 THESOUTHEAST CORNER OF LOT 15; THENCE NORTH 12°06'00" EAST 73.00 FEET TO THE SOUTHEASTCORNER 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 NORTHWESTCORNER 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 240.00FEET 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 SIDEOF SAID CROOKED STICK LOOP, THAT IS A 460 FOOT RADIUS CURVE TO THE RIGHT, (THE CHORD OFWHICH BEARS SOUTH 24°24'21" WEST 101.75 FEET); THENCE CONTINUING ALONG SAID CROOKEDSTICK 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); THENCE30.02 FEET ALONG A 433.52 FOOT RADIUS CURVE TO THE RIGHT, (THE CHORD OF WHICH BEARSNORTH 48°55'02" WEST 30.01 FEET); THENCE NORTH 46°56'00" WEST 327.67 FEET TO THESOUTHEAST CORNER OF LOT 22 OF SAID PLAT; THENCE NORTH 21°27'20" EAST 170.59 FEET ALONGLOT 22 AND A PORTION OF LOT 21; THENCE NORTH 12°06'00" EAST 472.05 FEET TO THE NORTHEASTCORNER OF LOT 16; THENCE NORTH 77°54'00" WEST 100.00 FEET TO THE NORTHWEST CORNER OFSAID LOT 16; THENCE NORTH 12°06'00" EAST 30.00 FEET TO THE POINT OF BEGINNING.

EXHIBIT A3 of 5


21/54

TOGETHER WITH AN EASEMENT FOR ACCESS OVER THAT CERTAIN ROADWAY SHOWN AS CREEKSIDEDRIVE ON SUBDIVISION PLAT GOLF CLUB ESTATE AND CREEKSIDE PUD. PHASE I AS RECORDED INTHE MARION COUNTY BOOK OF TOWN PLATS, VOLUME 40, PAGE 21; SUBDIVISION PLAT GOLF CLUBESTATES AT CREEKSIDE PUD. PHASE 2 AS RECORDED IN THE MARION COUNTY BOOK OF TOWNPLATS, 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 GOLFCOURSE ESTATES AT CREEKSIDE, RECORDED AUGUST 26, 1992 IN REEL 982 PAGE 273 AS MODIFIEDBY DECLARATION OF MODIFIED COVENANTS, CONDITIONS AND RESTRICTIONS OF GOLF COURSEESTATES AT CREEKSIDE, RECORDED AT REEL 1144, PAGE 300, AND AS MODIFIED BY SECOND

MODIFICATION OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF GOLFCOURSE ESTATES AT CREEKSIDE, RECORDED AT REEL 1163, PAGE 784, MARION COUNTY RECORDS.

ALSO TOGETHER WITH THOSE EASEMENTS SET FORTH IN THAT GOLF PLAY EASEMENT, INCLUDINGTHE 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 TOTHE RIGHT 11.67 FEET (THE CHORD OF WHICH BEARS SOUTH 80°14'32" EAST 11.67 FEET); THENCECONTINUING 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 31.72SET; 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 SAIDFAIRWAY ONE DEVELOPMENT; THENCE CONTINUING PARALLEL WITH THE SAID SOUTH BOUNDARY OFTHE 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 THESOUTHEAST 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 ASFOLLOWS:

A PORTION OF A TRACT OF LAND DESCRIBED IN REEL 1906, PAGE 396, MARION COUNTY, OREGONDEED 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; THENCESOUTH 04°00'03" EAST, A DISTANCE OF 125.35 FEET; THENCE NORTH 26°04'44" EAST, LEAVING SAIDLOT LINE, A DISTANCE OF 37.76 FEET, TO THE CENTERLINE OF BATTLE CREEK; THENCE NORTH04°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 33.07FEET; 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, ADISTANCE OF 70.55 FEET; THENCE NORTH 02°10'23" WEST, A DISTANCE OF 48.50 FEET; THENCENORTHEASTERLY, ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 2307.50 FEET, (THE CHORD OFWHICH BEARS NORTH 00°00'41" EAST, 332.59 FEET), AN ARC DISTANCE OF 332.88 FEET, TO THEPOINT OF BEGINNING.

EXHIBIT A4 of 5


22/54

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 OFTOWN PLATS AND LOCATED IN THE NORTHWEST 1/4 OF SECTION 22, TOWNSHIP 8 SOUTH, RANGE 3WEST, 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; THENCENORTH 77°04'10" EAST 130.04 FEET TO A 5/8" IRON ROD: THENCE 64.08 FEET ALONG A 975.00 FOOTRADIUS 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 SOUTH77°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 SOUTH51°50'48" WEST 96.43 TO THE POINT OF BEGINNING.

NOTE: This Legal Description was created prior to January 01, 2008.

EXHIBIT A5 of 5


23/54ription: Marion,OR Document - Book.Page (Up to 1/14/04) 982.273 Page: 1 of 32

r: 01 Comment:

EXHIBIT B1 of 32

Documents

Creekside Complaint