Motion For Preliminary Injuction

1 ALTIS RYAN PEOPLES
2
3 IN THE CIRCUIT COURT OF THE STATE OF OREGON
4 FOR THE COUNTY OF MARION
5 Civil Department
5 CREEKSIDE HOMEOWNERS ) Case No. 16CV13722

ASSOCIATION, INC., an Oregon non-profit )
6 corporation, ) PLAINTIFF'S MOTION FOR
) PRELIMINARY INJUNCTION
7 Plaintiff, )
) Filing Fee of $100 per ORS 21.200(1)(e)
8 v. )
)
9 CREEKSIDE GOLF COURSE, LLC, an )
Oregon limited liability company, d/b/a )
10 CREEKSIDE GOLF CLUB; CREEKSIDE )
GOLF OPERATIONS, LLC, also d/b/a )
11 CREEKSIDE GOLF CLUB, )
)
12 Defendants. )
)
13 )
14
15
Pursuant to ORCP 79, Plaintiff Creekside Homeowners Association, Inc., moves the
16
Court for a preliminary injunction restraining Defendants Creekside Golf Club, LLC and
17
Creekside Golf Operations, LLC dba Creekside Golf Club from:
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(a) Failing to maintain and water the Course, including the 18-holes of
19
fairways, greens, tee-boxes and the driving range site;
20
(b) Seeking any lot-line adjustments or subdivision to remove parcels from
21
the Course;
22
(c) Making any land use applications to alter the use of parcels located within
23
the Course;
24
(d) Tearing out the driving range, fairways, greens, tee-boxes, or any other
25
portion of the Course;
26
(e) Conducting any development or construction of residential lots upon
27
fairways and greens, or upon the driving range;
28
PAGE 1 – PLAINTIFF'S MOTION FOR PRELIMINARY VIAL FOTHERINGHAM LLP
17355 SW Boones Ferry Rd., Suite A
INJUNCTION Lake Oswego, OR 97035
Phone: 503-684-4111
Fax: 503-598-7798
P14722-003
1 (f) Failing to water fairways, tee-boxes and greens #1 through #18;
2 (g) Allowing the Course to fall into disrepair;
3 (h) Ceasing operation of the 18-hole Course; and
4 (i) Such other relief as is equitable and just.
5 This Motion is supported by the following Points and Authorities.
6 POINTS AND AUTHORITIES
7 1. Facts
8 The Golf Course Estates at Creekside is a residential planned unit development (“PUD,”
9 “Community,” or “Creekside”) located in Marion County, Oregon. The Community has been,
10 and continues to be, developed in several phases. The property within the Community is subject
11 to covenants, conditions, and restrictions, beginning with the recording of the Declaration of
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Covenants, Conditions and Restrictions of Golf Course Estates at Creekside on August 26, 1992,
13
on Reel 982, Page 273, in the records of Marion County, Oregon.
14
15 Plaintiff Creekside Homeowners Association, Inc. ("Association") is an Oregon non-
16 profit corporation. The Association was created to serve as the means through which owners of
17 living units in the Community may take action with regard to the administration,
management 18
and operation of the Community. Membership in the Association is mandatory for every owner
19
of a living unit within the Community. (Decl., Art. X, Sect. 1). Creekside PUD consists of 16
20
21 separate platted phases, and 2 re-plats of portions of two prior phases. At present, there are 588
22 developed single family homes located within all 18 of these plats within the Association.
23 Development within some of the later phases continues.

24
The operation of the Association is governed by the provisions of the Declaration,
25
Bylaws of Golf Course Estates at Creekside Homeowners Association, Inc., (“Bylaws”), Articles
26
27 of Incorporation of Golf Course Estates at Creekside Homeowners Association, Inc. (“Articles”),
28 and the Oregon Planned Community Act, ORS 94.550 to 94.783. The Bylaws were recorded on

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August 26, 1992, on Reel 982, Page 272. The Articles were filed with the Oregon Secretary of
1
2 State’s office on August 26, 1992.
3 According to the Declaration, the Association was “organized to provide for the
4 preservation and architectural control of the property, the maintenance of the common property
5
and to promote the health, safety and welfare of the owners and occupants of the property.”
6
(Decl. Art. IX, Sect. 1). Pursuant to the Declaration and the Oregon Planned Community Act,
7
8 the Association is authorized to enforce the provisions of the Declaration, Bylaws and rules and
9 regulations of the Association. (Decl. Art. XII, Sect. 2; Decl. Art. XV, Sect. 2); ORS
10 94.630(1)(e), 94.777-780. Furthermore, the Association is authorized to initiate litigation

11
pursuant to in matters that affect the common interest of the owners or the Community. (Decl.,
12
Art. XII, Sect. 2; Decl. Art. XV, Sect. 2; Bylaws, Art. V); ORS 94.630(1)(e), 94.777-780.
13
14 The Creekside Golf Course is an 18-hole, championship golf course located within the
15 geographic boundaries of the Community. The property comprising the golf course consists of
16 an 18-hole golf course, including fairways, greens, tee-boxes, and cart paths; practice putting
17
green and chipping area; driving range; clubhouse; parking area; and maintenance and service
18
buildings, (collectively, the “Course”). The Course adjoins and is interspersed among the
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20 residential lots in the Community.
21 The Creekside Golf Course real property has at all relevant times been owned and
22 operated by the Creekside PUD developer, its successors-in-interest, and now, the Defendants,
23 and is further contained within the legal description attached hereto as "Exhibit A" to be
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incorporated herein by this reference. Defendant Creekside Golf Course, LLC, dba Creekside
25
26 Golf Club (“CGC”), owns the Course. Defendant Creekside Golf Operations, LLC, is the
27 current operator of the golf course. Creekside Golf Operations, LLC also does business as or
28
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1 otherwise holds itself out as Creekside Golf Club. Together with Creekside Golf Course, LLC,
2 Creekside Golf Operations, LLC operates the golf course.
3 The Course was a key selling point for the lots within the community, and induced
4 Association members to purchase homes at Creekside. CGC and its predecessor in interest,
5
represented, promised, developed and sold lots in the PUD to association members as the
6
"emerald splendor of the Willamette'' and an “18-hole golf course” having as amenities the use,
7
8 views and common benefits of residing adjacent to, and interspersed with a high quality golf
9 course, views and open space, which enhanced the quality and livability for Association
10 members in the PUD.

11
Defendants claim that they are unable to operate the Course profitably. Defendants have
12
tried various methods to shift the problem of the Course’s lack of profitability to the
13
14 Association. They have told the Association’s representative that, unless the Association agrees
15 to cover the shortfall in golf course operations by either purchasing the Course or otherwise
16 subsidizing the Course, CGC will close the Course on April 30, 2016. Neither the board of
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directors nor the Association members have agreed to any of the Defendants’ plans for shifting
18
operational shortfall to the Association or its members. Without court intervention, the Course
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20 will close April 30, 2016.
21 Additionally, CGC representatives have told the Association and public their intention to
22 develop the Course to create new home sites. Specifically, CGC applied to subdivide a portion
23 of hole no. 14 for additional single-family home sites, although that application was later
24
withdrawn.
25
26 The Association has filed a Complaint with this Court, alleging four Claims for Relief:
27 (1) declaratory judgment, (2) anticipatory breach of covenant, (3) quiet title, and (4) waste and
28
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1 permanent injunction. The Association’s breach of covenant and declaratory judgment claims
2 are based on its CC&Rs, which prohibit CGC from changing the boundaries of the Course and
3 require CGC to reasonably maintain the golf course in good condition. The Association also
4 claims an equitable servitude in the Course based upon representations by CGC’s predecessor-
5
in-interest that Association members were purchasing property in a high-end golf course
6
community.
7
8 2. Authority for Issuance of Injunction
9
Pursuant to ORCP 79 A(1):
10
Subject to the requirements of Rule 82 A(1), a temporary restraining order or
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preliminary injunction may be allowed under this rule:
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A(1)(a) When it appears that a party is entitled to relief demanded in a pleading,
13
and such relief, or any part thereof, consists of restraining the commission or
continuance of some act, the commission or continuance of which during the
14
litigation would produce injury to the party seeking the relief; or
15
A(1)(b) When it appears that the party against whom a judgment is sought is
16
doing or threatens, or is about to do, or is procuring or suffering to be done, some
act in violation of the rights of a party seeking judgment concerning the subject
17
matter of the action, and tending to render the judgment ineffectual.
18
A preliminary injunction may be allowed at any time after commencement of the action
and 19
before judgment upon at least five days’ notice of the hearing. ORCP 79(A)(2) and (C)(1).
20
21 In Oregon Educ. Ass’n v. Oregon Taxpayers United PAC, 227 Or App 37, 45 (2009), the
22 Oregon Court of Appeals explained that under ORCP 79:
23 [A] preliminary injunction is to preserve the status quo so that, upon the final hearing,
24 full relief may be granted. State ex v. Mart, 135 Or 603, 613, 295 P 459 (1931); see also
State ex rel. McKenley Automotive v. Oldham, 283 Or 511, 515 n 3, 584 P2d 741
25 (1978)(describing function of preliminary injunction as protection of status quo). Thus, a
hearing on whether a preliminary injunction should issue is not a hearing on the merits,
26 see Fleming, Administrator v. Woodward, 180 or 486, 488, 177 P2d 428 (1947), but is
27 merely to determine whether the party seeking the injunction has made a sufficient
showing to warrant the preservation of the status quo unit the later hearing on the merits.
28 See American Life & Accident Ins. Co. v. Ferguson, 66 Or 417, 420, 134 P 1029 (1913).

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1
A preliminary injunction is appropriate to halt out-of-compliance behavior or
2
construction and prevent immediate irreparable injury, loss, and damage to a homeowners
3
4 association and its members. See, e.g., Conifer Ridge Homeowners Ass’n v. Hayworth, 176 Ore
5 App 603 (2001). There must be an “appreciable threat of continuing harm.” LeVasseur v.
6 Armon, 240 Ore App 250, 259 (2010) (internal citations omitted).
7 ORCP 82 A(1) requires that, prior to the issuance of a preliminary injunction, the
8
Plaintiff provide security in the amount deemed by the court as proper. ORCP 82(A)(1)(a).
9
“[T]he purpose of a bond or other the security is to protect the party enjoined from damages that
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11 occur because of the wrongful entry of the preliminary injunction.” Or. Educ. Ass’n v. Or.
12 Taxpayers United PAC, 227 Or App 37, 45 (2009) (citing Kern v. Gentner, 176 Or 479 (1945)).
13 ARGUMENT
14 The Court must enjoin Defendants from closing the Course. The Association is entitled to
15
a preliminary injunction under both ORCP 79A(1)(a) and ORCP 79A(1)(b). First, the
16
17 Association is entitled to prevail on its claims, and likely will do so. Second, allowing
18 Defendants to undertake their threatened action during the pendency of litigation would result in
19 irreparable harm to the Association, and that harm would render the judgment ineffectual.
20 1. The Association is likely to prevail on its claims.
21
The Association is entitled to a preliminary injunction under Subsection (a) because it is
22
23 likely to prevail on the merits, and the continuance of Defendants’ conduct will cause damage to
24 the Association during the litigation.
25 a. Breach of Covenant
26 The Association is likely to prevail on the merits on its breach of covenant claims. Courts
27
interpret restrictive covenants in the same manner as any other contractual provision. Yogman v.
28

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1 Parrott, 325 Or 358, 361 (1997). “First, the court examines the text of the disputed provision, in
2 the context of the document as a whole. If the provision is clear, the analysis ends.” Id. In this
3 case, the covenants are clear and they unambiguously entitle the Association to the requested
4 relief. No further interpretation is therefore necessary, and the Court should grant the
5
Association’s motion.
6
The Declaration places a number of obligations on CGC with respect to the Course.
7
8 First, Article III, Section 4 of the Declaration requires CGC to maintain the Course:
9 The maintenance, upkeep and repair of all out-of-bounds areas within the golf course,
shall be the sole responsibility of the golf course owner.
10
Second, Article VII, Section 3 of the Declaration provides that Creekside Golf may not change
11
12 the boundaries of the Golf Course:
13 The Declarant shall have the right to design, layout and construct the golf course and
related facilities upon those portions of the property described in Exhibit A which are
not
14 within the Property in such manner as may be elected by the Declarant and any successor
15 in interest thereto; and thereafter, the owner of the golf course and related facilities
shall have the right to modify, expand or contract the layout of the golf course and to
modify,
16 expand, contract, eliminate, construct or move the location of any related facility,
from time to time: provided, however, that no such modification or change shall
alter the
17 boundary lines of any portion of the property.
18 (Decl. Art. VII, Sect. 3)(Emphasis added). Finally, Article VII, Section 4 of the
Declaration 19
requires CGC to maintain the course in good condition:
20
21 Golf Course Owner's Obligations. The owner of the golf course shall be obligated to
reasonably maintain the appearance of the golf course and related facilities, and to
22 reasonably maintain any streams, ponds or lakes on the golf course so as to deter
the reproduction of mosquitoes and other noxious insects.
23
24
(Decl. Art. VII, Sect. 4)(Emphasis added).
25
Contrary to, and in direct violation of these requirements, CGC has indicated that it is
26
27 closing the Course on April 30, 2016, and thereafter, will not maintain the appearance of the golf
28 course, the out-of-bounds areas, streams, ponds or lakes. CGC has further stated that it intends

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1 to let its staff go and to sell the property to a real estate developer. CGC’s asserted position is in
2 direct violation of Article III, Section 4 and Article VII, Section 4 of the Declaration. A closed,
3 unstaffed, golf course is not a reasonably maintained golf course.
4 Additionally, as stated above, CGC has indicated that it plans on developing portions of
5
the golf course into a residential neighborhood. CGC’s most immediate plan has been to develop
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homes on the fairway of hole no. 14. CGC has already pursued a subdivision application to
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8 develop the fairway of hole no. 14 with the City of Salem and, after having the application
9 denied, had appealed the decision to the Planning Commission. Though the appeal has since
10 been withdrawn, CGC’s actions demonstrate its intent to develop property within the Course into
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residential homes in contradiction to the direct violation of Article VII, Section 2 of the
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Declaration, which prohibits alterations to the Course boundaries.
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14 CGC’s plans to close the Course in order to develop the Course property into a new
15 residential neighborhood is such an obvious violation of its obligations under the Declaration, the
16 Association will prevail on the merits of its breach of covenant

claims. 17
b. Equitable Servitude
18
The Association is also likely to prevail on its claim for an equitable servitude. In
19
20 Mountain High Homeowners Ass’n v. J. L. Ward Constr. Co., 228 Or App 424 ( 2009), the
21 Oregon Court of Appeals acknowledged a homeowners association’s right to an equitable
22 servitude when the developer makes representations about the nature of the community, which
23 are foreseeably relied upon by the purchasers within that community. In Mountain High, the
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subdivision was marketed to prospective purchases as a golf course community. The golf course
25
26 was supposed to be an enhancement to the value of the homes, and was essential to the
27 purchasers’ decision to purchase homes in the community. The developer wished to develop
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1 some of the golf holes into homes, but the Court of Appeals held that the homeowners
2 association has established an equitable servitude over the course. In so doing, it adopted
3 Restatement of Servitudes 2.10 which sets out a 5 factor test for establishing an equitable
4 servitude by
estoppel: 5
An equitable servitude by estoppel may be created as the result of (1) either express or
6
implied representation made under circumstances where (2) it is reasonably foreseeable
that the person to whom the representation is made will rely on it, (3) that the person
does
7
so rely, (4) such reliance is reasonable, and (5) the establishment of a servitude is
8
necessary to avoid injustice.
9
Id. at 438. In Mountain High, the defendants’ representations that the community would continue
10
as a golf course community and the buyers’ reasonable reliance upon those representations were
11
enough to uphold the trial court’s determination that an equitable servitude had been created in
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favor of the owners.
13
14 With one exception, Mountain High cannot be distinguished from the present case. The
15 only significant difference is that, in Mountain High, the developer had already closed the golf
16 course, so the court ordered the developer to reopen the course. This case meets all the factual
17
and legal elements for an equitable servitude set out in Mountain High. The Association will
18
present evidence that CDC’s predecessor-in-interest sold homes, which were advertised as part
19
20 of the “emerald splendor of the Willamette” and an “18-hole golf community” and that the
21 purchasers of those homes reasonable relied upon these and other representations when deciding
22 to purchase. As such, the owners by and through the Association are entitled to an equitable
23 servitude preventing the suspension of operation of the Course or development of the Course.
24
2. The Association will be irreparably injured if Defendants are not enjoined.
25
26 A preliminary injunction is required to prevent irreparable harm to the Association.
27 Irreparable injury is one that “cannot receive reasonable or complete redress in a court of law.”
28
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1 Bergerson v. Salem-Keizer Sch. Dist., 185 Ore App 649, 660 (2003) (citing Arlington Sch. Dist.
2 No. 3 v. Arlington Ed. Assoc., 184 Ore App 97, 55 P3d 546 (2002)).
3 As detailed above, CGC has threatened to shut down the golf course as of April 30, 2016.
4 Furthermore, CGC is attempting to develop the golf course holes. Both actions will result in
5
irreparable injury to the Association. The shutdown of the course would immediately interrupt
6
play on the course and reduce the value of the homes within the Community. Additionally, once
7
8 the Course falls into disrepair, it cannot be reasonably restored to operational order without the
9 expenditure of considerable funds. Any development of the golf course holes will also result in
10 the expenditure of considerable money for work which cannot be legally performed and will be
11
undone by the Court’s order in the Association’s favor at the end of the case. Both the shutdown
12
and the Course development will irreparably injure the Association and owners such that there is
13
14 no adequate remedy at law for the Association and the threat of immediate harm is continuing.
15 3. Bond or other security
16 ORCP 82 provides:
17
No restraining order or preliminary injunction shall issue except upon the giving
18 of security by the applicant, in such sum as the court deems proper, for the
payment of such costs, damages, and attorney fees as may be incurred or
suffered
19 by any party who is found to have been wrongfully enjoined or restrained.
20 As such, the Court should require a bond in the sum deemed proper by the Court. The
21
Association offers that the alleged economic shortfall of $150,000.00 is an appropriate
22
23 ceiling for the amount of the bond.
24 CONCLUSION
25 Defendants threaten to suspend maintenance of the golf course and development of the
26 hole no. 14 in violation of the covenants and the Association’s equitable servitude. The
27
threatened suspension of operation of the golf course and development of the holes will cause
28
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1 irreparable harm to the Association and its members, for which there is no adequate remedy at
2 law. For the reasons explained above, the Court must enjoin Defendants’ conduct pending trial
3 on the merits. The Court must order Defendants to continue to operate the course in its current
4 condition, with all its present amenities, pending trial on the merits.
5
6 Dated this 26th day of April, 2016. VIAL FOTHERINGHAM LLP
7 /s/ T. Beau Ellis

8 T. Beau Ellis, OSB #093437
Christopher M. Tingey, OSB # 014326
9 17355 SW Boones Ferry Road, Suite A
Lake Oswego, OR 97035
10 T: (503) 684-4111
F: (503) 598-7758
11 E: beau.ellis@vf-law.com
E: cmt@vf-law.com
12 Of Attorneys for Plaintiff
13 Trial Attorney(s):
T. Beau Ellis, OSB #093437
14 Christopher M. Tingey, OSB # 014326
15
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INJUNCTION 17355 SW Boones Ferry Rd., Suite A
Lake Oswego, OR 97035
Phone: 503-684-4111
Fax: 503-598-7798
P14722-003
1 CERTIFICATE OF SERVICE
2 I hereby certify that on the below date, I served a true and correct copy of the below
3 stated document on the below stated persons, using the below stated method of service.
4 Mail by first-class mail, postage prepaid to the last known address of the persons
identified below;
5
Fax by facsimile transmission to the last known facsimile of the persons identified
6 below;
7 E-Filing by electronic filing with the Oregon Judicial Department File and Serve;
8 E-mail by electronic mail to the last known e-mail address of the persons identified
below, and if sent by electronic mail only, under agreement pursuant to ORCP 9.
9
Name/Address Relationship Manner of Service
10 Mark Shipman, OSB #931041
Saalfeld Griggs PC Attorney for Defendants Mail
11 PO Box 470 E-mail
Salem, Oregon 97308
12
13 Document
PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION
14
15
Dated this 26th day of April, 2016. VIAL FOTHERINGHAM LLP
16
17 /s/ T. Beau Ellis
T. Beau Ellis, OSB #093437
18 Christopher M. Tingey, OSB # 014326
17355 SW Boones Ferry Road, Suite A
19 Lake Oswego, OR 97035
T: (503) 684-4111
20 F: (503) 598-7758
E: beau.ellis@vf-law.com
21 E: cmt@vf-law.com
Of Attorneys for Plaintiff
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P14722-003
Exhibit "A"
Real property in the County of Marion, State of Oregon, described as follows:
A TRACT OF LAND LYING IN SECTION 21 AND 22, TOWNSHIP 8 SOUTH, RANGE 3 WEST WILLAMETTE
MERIDIAN, MARION COUNTY, OREGON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A 5/8" IRON ROD AT THE SOUTHWEST CORNER OF LOT 31, OF FAIRWAY ONE AT
CREEKSIDE P.U.D., AS RECORDED IN VOLUME 40, PAGE 113, MARION COUNTY BOOK OF TOWN
PLATS; THENCE ALONG THE ARC OF A 384.34 FOOT RADIUS CURVE RIGHT (LONG CHORD: SOUTH
71°17'02" WEST 244.91 FEET) 249.26 FEET TO A 5/8" IRON ROD; THENCE NORTH 89°16'48" WEST
484.45 FEET TO A 5/8" IRON ROD; THENCE ALONG THE ARC OF A 316.00 FOOT RADIUS CURVE LEFT
(LONG CHORD: SOUTH 71°47'32" WEST 205.01 FEET) 208.78 FEET TO A 5/8" IRON ROD; THENCE
SOUTH 0°42'45" WEST 261.68 FEET TO A 5/8" IRON ROD; THENCE SOUTH 25°28'45" WEST 220.80
FEET TO A
5/8" IRON ROD; THENCE NORTH 78°22'34" EAST 45.25 FEET TO A 5/8" IRON ROD; THENCE NORTH
87°20'20" EAST 138.72 FEET TO A 5/8" IRON ROD; THENCE SOUTH 78°35'55" EAST 195.13 FEET TO A
5/8" IRON ROD; THENCE SOUTH 49°06'28" EAST 114.75 FEET TO A 5/8" IRON ROD; THENCE SOUTH
5/8" IRON ROD; THENCE SOUTH 71°56'44" EAST 148.23 FEET TO A 5/8" IRON ROD; THENCE NORTH
84°19'03" EAST 108.68 FEET TO A 5/8" IRON ROD; THENCE NORTH 25°33'32" EAST 112.74 FEET TO A
5/8" IRON ROD; THENCE NORTH 72°10'12" EAST 116.08 FEET TO A 5/8" IRON ROD; THENCE SOUTH
65°36'24" EAST 93.59 FEET A 5/8" IRON ROD; THENCE SOUTH 56°53'07" EAST 157.13 FEET TO A 5/8"
IRON ROD; THENCE SOUTH 50°37'56" EAST 170.84 FEET TO A 5/8" IRON ROD; THENCE SOUTH
19°37'49" EAST 87.01 FEET TO A 5/8" IRON ROD: THENCE SOUTH 8°22'21" EAST 191.71 FEET A 5/8"
IRON ROD; THENCE SOUTH 3°30'40" EAST 223.95 FEET TO A 5/8" IRON ROD; THENCE SOUTH
15°18'08" WEST 153.91 FEET TO A 5/8" IRON ROD; THENCE SOUTH 17°10'35" WEST 215.42 FEET TO A
5/8" IRON ROD; THENCE SOUTH 74°11'23'' EAST 113.38 FEET TO A 5/8" IRON ROD; THENCE NORTH
53°47'34" EAST 63.68 FEET TO A 5/8" IRON ROD; THENCE NORTH 35°04'06'' EAST 201.75 FEET TO A
5/8" IRON ROD; THENCE NORTH 33°54'31" 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-OF-
WAY LINE AS FOLLOWS: NORTH 36°24'26" WEST 309.20 FEET; THENCE NORTH 24°18'49" WEST
255.71 FEET; THENCE ALONG THE ARC OF A 1109.84 FOOT RADIUS CURVE RIGHT (LONG CHORD:
EXHIBIT A
1 of
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 AT
CREEKSIDE P.U.D.-PHASE I IN VOLUME 40, PAGE 21, SAID BOOK OF TOWN PLATS; THENCE ALONG
THE SOUTHERLY LINE OF SAID PHASE I AS FOLLOWS: ON THE ARC OF A 493.52 FOOT RADIUS CURVE
RIGHT) LONG CHORD: NORTH 56°36'07" WEST 165.77 FEET) 166.56 FEET TO A 5/8" IRON ROD;
THENCE NORTH 46°56'00" WEST 300.11 FEET TO A 5/8" IRON ROD; THENCE SOUTH 43°04'00" WEST
100.00 FEET TO A 5/8" IRON ROD; THENCE NORTH 46°56'00" WEST 162.00 FEET TO A 5/8" IRON ROD;
THENCE NORTH 50°38'35" WEST 74.38 FEET TO A 5/8" IRON ROD; THENCE NORTH 59°23'54" WEST
240.00 FEET TO A 5/8' IRON ROD TO THE SOUTHWEST CORNER OF LOT 31, SAID PHASE I, BEING
ALSO THE SOUTHEAST CORNER OF LOT 63, OF GOLF CLUB ESTATE AT CREEKSIDE P.U.D.-PHASE 2, IN
VOLUME 40, PAGE 94, SAID BOOK OF TOWN PLATS; THENCE ALONG THE SOUTHERLY LINE OF SAID
PHASE 2 AS FOLLOWS: NORTH 85°31'00" WEST 320.00 FEET TO A 5/8" IRON ROD; THENCE NORTH
85°40'18" WEST 80.00 FEET TO A 5/8" IRON ROD; THENCE NORTH 87°55'41" WEST 80.00 FEET TO A
5/8" IRON ROD; THENCE SOUTH 89°09'08" WEST 80.00 FEET TO A 5/8" IRON ROD; THENCE SOUTH
86°13'58" WEST 80.00 FEET TO A 5/8" IRON ROD; THENCE NORTH 88°52'15" WEST 80.61 FEET TO A
5/8" IRON ROD; THENCE SOUTH 87°26'34" WEST 80.16 FEET TO A 5/8" IRON ROD; THENCE NORTH
5/8" IRON ROD; THENCE NORTH 72°10'24" WEST 36.94 FEET TO A 5/8" IRON ROD; THENCE NORTH
6°08'05" WEST 55.00 FEET TO A 5/8" IRON ROD AT THE NORTHWEST CORNER OF LOT 75, SAID
PHASE 2, BEING ALSO IN THE SOUTHERLY LINE OF SAID FAIRWAY ONE AT CREEKSIDE P.U.D.;
THENCE ALONG THE SOUTHERLY LINE OF SAID FAIRWAY ONE AS FOLLOWS: SOUTH 83°51'55" WEST
132.63 FEET TO A 5/8" IRON ROD; THENCE ALONG THE ARC OF A 336.92 FOOT RADIUS CURVE RIGHT
(LONG CHORD: NORTH 87°31'30" WEST 100.87 FEET) 101.25 FEET TO A 5/8" IRON ROD; THENCE
ALONG THE ARC OF A 252.25 FOOT RADIUS CURVE LEFT (LONG CHORD: NORTH 80°14'32" WEST
11.67 FEET)
11.67 FEET TO A 5/8" IRON ROD; THENCE SOUTH 11°59'22" EAST 77.91 FEET TO A 5/8" IRON ROD;
THENCE SOUTH 78°00'38" WEST 150.80 FEET TO A 5/8" IRON ROD; THENCE NORTH 74°48'07" WEST
THENCE NORTH 85°00'15" WEST 64.45 FEET TO THE POINT OF BEGINNING.
ALSO: (13TH FAIRWAY)
EXHIBIT A
2 of
BEGINNING AT THE NORTHWEST CORNER OF LOT 62 OF THE GOLF CLUB ESTATES AT CREEKSIDE,
PHASE 2, P.U.D., AS RECORDED IN THE MARION COUNTY BOOK OF TOWN PLATS; THENCE RUNNING
SOUTH 4°29'00" WEST 57.71 FEET TO THE SOUTHWEST CORNER OF SAID LOT 62 ON THE NORTHERLY
RIGHT OF WAY LINE OF CREEKSIDE DRIVE; THENCE ALONG SAID RIGHT OF WAY LINE NORTH
85°31'00" WEST 122.10; THENCE 320.60 FEET ALONG A 1730.00 FOOT RADIUS CURVE TO THE LEFT,
(THE CHORD OF WHICH BEARS SOUTH 89'10'28" WEST 320.15 FEET); THENCE SOUTH 83°51'55" WEST
415.12 FEET TO THE WESTERLY BOUNDARY OF PUD.; THENCE CONTINUING ALONG SAID RIGHT OF
WAY LINE SOUTH 83°51'55" WEST 132.62 FEET; THENCE 86.23 FEET ALONG A 286.95 FOOT RADIUS
CURVE TO THE RIGHT, (THE CHORD OF WHICH BEARS NORTH 87°31'32" WEST 85.91 FEET); THENCE
LEAVING SAID RIGHT OF WAY LINE NORTH 08°13'11" WEST 70.40 FEET; THENCE NORTH 85° 44'11"
EAST 168.91 FEET; THENCE NORTH 26°33'53" EAST 50.95 FEET; THENCE NORTH 42°22'47" EAST 74.74
FEET; THENCE NORTH 55°05'07" EAST 54.85 FEET; THENCE NORTH 74°44'19" EAST 60.34 FEET;
THENCE NORTH 43°31'12" EAST 84.51 FEET; THENCE NORTH 59°51'45" EAST 85.51 FEET; THENCE
NORTH 67°35'01" EAST 92.75 FEET; THENCE NORTH 78°10'34" EAST 132.73 FEET; THENCE NORTH
75'40'13" EAST 129.25 FEET; THENCE NORTH 84°58'50" EAST 81.05 FEET; THENCE NORTH 79°05'06"
EAST 58.44 FEET; THENCE NORTH 86°33'17" EAST 68.52 FEET; THENCE NORTH 86°30'54" EAST 181.99
FEET; THENCE SOUTH 80°38'56" EAST 48.97 FEET TO THE SOUTHWEST CORNER OF LOT 50 OF GOLF
CLUB ESTATES AT CREEKSIDE PUD., AS RECORDED IN THE MARION COUNTY BOOK OF TOWN PLATS;
THENCE RUNNING SOUTH 89°49'27" EAST 160.00 FEET TO THE SOUTHWEST CORNER OF LOT 48 OF
SAID P.U.D.; THENCE SOUTH 85°26'27" EAST 240.13 FEET ALONG THE SOUTH LINES OF LOTS 48, 47
AND 46 TO THE SOUTHWEST CORNER OF LOT 45; THENCE SOUTH 84°12'00" EAST 406.89 FEET ALONG
THE SOUTH LINES OF LOTS 45, 44, 43, 42, AND 41 TO THE SOUTHEAST CORNER OF LOT 41 ON THE
WEST SIDE OF CROOKED STICK LOOP; THENCE SOUTH 12°06'00" WEST 320.70 FEET ALONG THE
WEST SIDE OF CROOKED STICK LOOP TO THE NORTHEAST CORNER OF LOT 40 OF SAID P.U.D.;
THENCE RUNNING NORTH 84°12'00" WEST 363.89 FEET ALONG THE NORTH LINE OF LOTS 40, 38, 37
AND 36 TO THE NORTHWEST CORNER OF LOT 36 OF SAID P.U.D.; THENCE NORTH 85°31'00" WEST
338.06 FEET ALONG THE NORTH SIDE OF LOTS 35, 34, 33 AND 32 TO THE NORTHWEST CORNER OF
LOT 32, BEING ALSO THE NORTHEAST CORNER OF LOT 61 OF SAID PHASE 2 P.U.D.; THENCE NORTH
85°31'00" WEST 27.30 FEET ALONG THE NORTH LINE OF SAID LOT 61; THENCE SOUTH 77°41'12"
WEST 159.51 FEET ALONG THE NORTH LINE OF LOTS 61 AND 62, THENCE SOUTH 87°14'37" WEST
22.54 FEET TO THE POINT OF BEGINNING.
ALSO: (14TH FAIRWAY)

BEGINNING AT THE SOUTHWEST CORNER OF LOT 15 OF THE GOLF CLUB ESTATES AT CREEKSIDE
P.U.D.--PHASE I DEVELOPMENT AS RECORDED IN THE MARION COUNTY BOOK OF TOWN PLATS;
THENCE SOUTH 77°54'00" EAST 100.00 FEET ALONG THE SOUTH SIDE OF SAID LOT 15 TO THE
SOUTHEAST CORNER OF LOT 15; THENCE NORTH 12°06'00" EAST 73.00 FEET TO THE SOUTHEAST
CORNER OF LOT 14; THENCE NORTH 59°49'07" EAST 33.68 FEET TO THE SOUTHWEST CORNER OF
LOT 13; THENCE SOUTH 89°51'30" EAST 43.28 FEET ALONG SAID LOT 13 TO THE NORTHWEST
CORNER OF LOT 12; THENCE SOUTH 09°52'20" EAST 319.98 FEET ALONG THE WEST SIDE OF LOTS 12,
11, 10 AND LOT 9 TO THE SOUTHWEST CORNER OF LOT 9; THENCE SOUTH 08°29'38" EAST 240.00
FEET ALONG LOTS 8, 7 AND LOT 6, TO THE SOUTHWEST CORNER OF LOT 6; THENCE SOUTH 00°32'51"
WEST 74.96 FEET TO THE SOUTHWEST OF LOT 5; THENCE SOUTH 12°07'48" WEST 74.34 FEET TO THE
SOUTHWEST CORNER OF LOT 4; THENCE SOUTH 71°56'38" EAST 100.00 FEET TO A POINT ON THE
WEST SIDE OF THE CROOKED STICK LOOP THENCE SOUTHERLY 101.96 FEET ALONG THE WEST SIDE
OF SAID CROOKED STICK LOOP, THAT IS A 460 FOOT RADIUS CURVE TO THE RIGHT, (THE CHORD OF
WHICH BEARS SOUTH 24°24'21" WEST 101.75 FEET); THENCE CONTINUING ALONG SAID CROOKED
STICK LOOP, SOUTH 30°45'20" WEST 177.05 FEET; THENCE 34.33 FEET ALONG A 20.00 FOOT RADIUS
CURVE TO THE RIGHT (THE CHORD OF WHICH BEARS SOUTH 79°55'38" WEST 30.27 FEET); THENCE
30.02 FEET ALONG A 433.52 FOOT RADIUS CURVE TO THE RIGHT, (THE CHORD OF WHICH BEARS
NORTH 48°55'02" WEST 30.01 FEET); THENCE NORTH 46°56'00" WEST 327.67 FEET TO THE
SOUTHEAST CORNER OF LOT 22 OF SAID PLAT; THENCE NORTH 21°27'20" EAST 170.59 FEET ALONG
LOT 22 AND A PORTION OF LOT 21; THENCE NORTH 12°06'00" EAST 472.05 FEET TO THE NORTHEAST
CORNER OF LOT 16; THENCE NORTH 77°54'00" WEST 100.00 FEET TO THE NORTHWEST CORNER OF
SAID LOT 16; THENCE NORTH 12°06'00" EAST 30.00 FEET TO THE POINT OF BEGINNING.
EXHIBIT A
3 of
TOGETHER WITH AN EASEMENT FOR ACCESS OVER THAT CERTAIN ROADWAY SHOWN AS CREEKSIDE
DRIVE ON SUBDIVISION PLAT GOLF CLUB ESTATE AND CREEKSIDE PUD. PHASE I AS RECORDED IN
THE MARION COUNTY BOOK OF TOWN PLATS, VOLUME 40, PAGE 21; SUBDIVISION PLAT GOLF CLUB
ESTATES AT CREEKSIDE PUD. PHASE 2 AS RECORDED IN THE MARION COUNTY BOOK OF TOWN
PLATS, VOLUME 40, PAGE 94; SUBDIVISION PLAT FAIRWAY I AT CREEKSIDE P.U.D. AS RECORDED IN
THE MARION COUNTY BOOK OF TOWN PLATS, VOLUME 40, PAGE 113, AS DISCLOSED IN ARTICLE 8,
SECTION 4 OF THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF GOLF
COURSE ESTATES AT CREEKSIDE, RECORDED AUGUST 26, 1992 IN REEL 982 PAGE 273 AS MODIFIED
BY DECLARATION OF MODIFIED COVENANTS, CONDITIONS AND RESTRICTIONS OF GOLF COURSE
ESTATES AT CREEKSIDE, RECORDED AT REEL 1144, PAGE 300, AND AS MODIFIED BY SECOND
MODIFICATION OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF GOLF
COURSE ESTATES AT CREEKSIDE, RECORDED AT REEL 1163, PAGE 784, MARION COUNTY RECORDS.
ALSO TOGETHER WITH THOSE EASEMENTS SET FORTH IN THAT GOLF PLAY EASEMENT, INCLUDING
THE TERMS AND PROVISIONS THEREOF, RECORDED MARCH 22, 1995 IN REEL 1227, PAGE 617, DEED
RECORDS FOR MARION COUNTY, OREGON.
SAVE AND EXCEPT:

BEGINNING AT THE NORTHEAST CORNER OF LOT 1, OF FAIRWAY ONE AT CREEKSIDE P.U.D.
DEVELOPMENT AS PLATTED AND RECORDED IN THE MARION COUNTY BOOK OF TOWN PLATS,
VOLUME 40, PAGE 113; THENCE RUNNING SOUTHEASTERLY ALONG A 252.25 FOOT RADIUS CURVE TO
THE RIGHT 11.67 FEET (THE CHORD OF WHICH BEARS SOUTH 80°14'32" EAST 11.67 FEET); THENCE
CONTINUING SOUTHEASTERLY ALONG A 336.92 FOOT RADIUS CURVE TO THE LEFT 50.88 FEET (THE
CHORD OF WHICH BEARS SOUTH 83°14'32" EAST 50.83 FEET); THENCE SOUTH 34°31'42" EAST 31.72
SET; THENCE SOUTH 34°22'40" WEST 40.51 FEET; THENCE SOUTH 57°49'40" WEST 43.48 FEET;
THENCE SOUTH 78°00' 38" WEST 162.00 FEET, PARALLEL WITH THE SOUTH BOUNDARY OF THE SAID
FAIRWAY ONE DEVELOPMENT; THENCE CONTINUING PARALLEL WITH THE SAID SOUTH BOUNDARY OF
THE FAIRWAY ONE DEVELOPMENT, NORTH 74°48'07" WEST 416.64 FEET; THENCE NORTH 15°11'53"
EAST 18.01 FEET TO THE SOUTHWEST CORNER OF LOT 10 OF FAIRWAY ONE AT CREEKSIDE PUD.
DEVELOPMENT; THENCE FOLLOWING ALONG THE SOUTH BOUNDARY OF THE SAID FAIRWAY ONE
PROJECT, SOUTH 74°48'07" EAST 418.85 FEET; THENCE NORTH 78°00'38" EAST 150.80 FEET TO THE
SOUTHEAST CORNER OF SAID LOT 1 OF FAIRWAY ONE AT CREEKSIDE; THENCE NORTH 11°59'22"
WEST 77.91 FEET TO THE POINT OF BEGINNING.
SAVE AND EXCEPT THAT PORTION CONVEYED IN STATUTORY BARGAIN AND SALE DEED RECORDED
APRIL 18, 2008 AS REEL 2943, PAGE 124, FILM RECORDS, WHICH IS PARTICULARLY DESCRIBED AS
FOLLOWS:
A PORTION OF A TRACT OF LAND DESCRIBED IN REEL 1906, PAGE 396, MARION COUNTY, OREGON
DEED RECORDS, SAID TRACT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 511, GOLF CLUB ESTATES AT CREEKSIDE PHASE 12,
P.U.D. (PHASE 12) AS RECORDED IN THE MARION COUNTY BOOK OF TOWN PLATS IN VOLUME H46,
PAGE 70, MARION COUNTY, OREGON BOOK OF TOWN PLATS, THENCE SOUTH 17°10'43" WEST, ALONG
THE EAST LINE OF SAID LOT, A DISTANCE OF 162.26 FEET; THENCE SOUTH 00°17'02" EAST, A
DISTANCE OF 140.27 FEET; THENCE SOUTH 02°55'54" WEST, A DISTANCE OF 160.58 FEET; THENCE
SOUTH 04°00'03" EAST, A DISTANCE OF 125.35 FEET; THENCE NORTH 26°04'44" EAST, LEAVING SAID
LOT LINE, A DISTANCE OF 37.76 FEET, TO THE CENTERLINE OF BATTLE CREEK; THENCE NORTH
04°55'25" WEST, ALONG SAID CENTERLINE OF CREEK, A DISTANCE OF 12.60 FEET; THENCE NORTH
19°40'55" WEST, A DISTANCE OF 22.32 FEET; THENCE NORTH 23°12'23" EAST, A DISTANCE OF 33.07
FEET; THENCE NORTH 35°19'07" EAST, A DISTANCE OF 28.11 FEET; THENCE NORTH 45°24'51" EAST,
A DISTANCE OF 23.65 FEET; THENCE NORTH 10°04'34" EAST, LEAVING SAID CENTERLINE OF CREEK, A
DISTANCE OF 70.55 FEET; THENCE NORTH 02°10'23" WEST, A DISTANCE OF 48.50 FEET; THENCE
NORTHEASTERLY, ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 2307.50 FEET, (THE CHORD OF
WHICH BEARS NORTH 00°00'41" EAST, 332.59 FEET), AN ARC DISTANCE OF 332.88 FEET, TO THE
POINT OF BEGINNING.
EXHIBIT A
4 of
ALSO TOGETHER WITH:
BEGINNING AT A 5/8" IRON ROD, BEING THE NORTHEAST CORNER OF LOT 474, GOLF CLUB ESTATES
AT CREEKSIDE PHASE 11 P.U.D., AS RECORDED IN VOLUME 45, PAGE 182, MARION COUNTY BOOK OF
TOWN PLATS AND LOCATED IN THE NORTHWEST 1/4 OF SECTION 22, TOWNSHIP 8 SOUTH, RANGE 3
WEST, WILLAMETTE MERIDIAN, MARION COUNTY, OREGON; THENCE NORTH 80°58'12" EAST 524.48
FEET TO A 5/8" IRON ROD; THENCE SOUTH 00°21'48" WEST 76.00 FEET TO A 5/8" IRON ROD; THENCE
NORTH 77°04'10" EAST 130.04 FEET TO A 5/8" IRON ROD: THENCE 64.08 FEET ALONG A 975.00 FOOT
RADIUS CURVE TO THE RIGHT (THE CHORD OF WHICH BEARS NORTH 78°57'08" EAST 64.07 FEET) TO
A 5/8" IRON ROD; THENCE NORTH 12°08'44" WEST 201.18 FEET TO A 5/8" IRON ROD; THENCE SOUTH
5/8" IRON ROD; THENCE SOUTH 65°15'55" WEST 238.89 FEET TO A 5/8" IRON ROD; THENCE SOUTH
51°50'48" WEST 96.43 TO THE POINT OF BEGINNING.
NOTE: This Legal Description was created prior to January 01, 2008.
EXHIBIT A
5 of

Motion For Preliminary Injuction

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Motion For Preliminary Injuction

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1 ALTIS RYAN PEOPLES

4 FOR THE COUNTY OF MARION

5 CREEKSIDE HOMEOWNERS ) Case No. 16CV13722

5 This Motion is supported by the following Points and Authorities.

6 POINTS AND AUTHORITIES

23 Development within some of the later phases continues.

PAGE 2 – PLAINTIFF'S MOTION FOR PRELIMINARY VIAL FOTHERINGHAM LLP

10 94.630(1)(e), 94.777-780. Furthermore, the Association is authorized to initiate litigation

10 members in the PUD.

PAGE 5 – PLAINTIFF'S MOTION FOR PRELIMINARY VIAL FOTHERINGHAM LLP

PAGE 6 – PLAINTIFF'S MOTION FOR PRELIMINARY VIAL FOTHERINGHAM LLP

PAGE 7 – PLAINTIFF'S MOTION FOR PRELIMINARY VIAL FOTHERINGHAM LLP

3 unstaffed, golf course is not a reasonably maintained golf course.

16 Association will prevail on the merits of its breach of covenant

21 Oregon Court of Appeals acknowledged a homeowners association’s right to an equitable

15 3. Bond or other security

7 /s/ T. Beau Ellis

Real property in the County of Marion, State of Oregon, described as follows:

ALSO: (13TH FAIRWAY)

ALSO: (14TH FAIRWAY)

SAVE AND EXCEPT:

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