205 Sunnyside, LLC V. Clackamas County Court Documents
205 Sunnyside, LLC V. Clackamas County Court Documents
205 Sunnyside, LLC V. Clackamas County Court Documents
23CV10550
Defendants.
2 1.
5 The property consists of 4.62 acres of land and 53,029 square feet of
6 building space providing restaurant, medical, office and retail services, and
9 Shopping Center.
10 2.
13 Community Health; Dave’s Hot Chicken; FreshFish Poke; Baja Fresh; The
14 Shoe Shop; Pho Sen 2; Original Thai BBQ; Luxury Nail Bar; Salon Volume;
16 Ocean Paradise Dive and Travel; Massage Envy; Starbucks; and FedEx.
17
8 4.
13 5.
17 Quality Inn Hotel and the Shopping Center is shown on the aerial attached
18 herein as Exhibit A.
2 The Quality Inn Hotel is a 100-room hotel used for the purpose
5 7.
7 16, 2023, voted to purchase the Quality Inn Hotel in the amount of $15.2
10 8.
12 Restrictions (“CC&Rs”) apply to the Shopping Center and the Quality Inn
13 Hotel dated April 29, 1988. The CC&Rs are attached herein as Exhibit B.
14 9.
17 violate certain provisions of the CC&Rs by converting the Quality Inn Hotel
2 The Quality Inn Hotel is a 100-room hotel used for the purpose
5 7.
7 16, 2023, voted to purchase the Quality Inn Hotel in the amount of $15.2
10 8.
12 Restrictions (“CC&Rs”) apply to the Shopping Center and the Quality Inn
13 Hotel dated April 29, 1988. The CC&Rs are attached herein as Exhibit B.
14 9.
17 violate certain provisions of the CC&Rs by converting the Quality Inn Hotel
3 restrain the County from converting the Quality Inn Hotel to emergency
5 PARTIES
6 11.
10 12.
14 13.
18
5 15.
8 the County to purchase the Quality Inn Hotel for emergency shelter
10 FACTUAL BACKGROUND
11 16.
13 purchase the Quality Inn Hotel, that the conversion of the Hotel to
14 emergency shelter housing for the homeless would adversely impact the
16 17.
18 of the Quality Inn Hotel to emergency shelter housing for the homeless
3 18.
5 Quality Inn Hotel would not violate the CC&Rs. The appraisal conducted
10 19.
12 Uses”, provides that the parties will devote buildings to the same general
13 use during the life of the CC&Rs. Exhibit 1 to the CC&Rs specifically
14 designated Parcel A as the “Hotel Property”. At the time the CC&Rs were
15 executed, and as shown on Exhibit 2 to the CC&Rs, the Days Inn Hotel
16 operated on Parcel A and in the building which now houses the Quality
2 violate Paragraph 8.
3 20.
6 will be out of harmony with the restaurant operating within the Shopping
9 housing for the homeless will be out of harmony with the restaurant and
11 21.
13 that the parties can enforce the provisions of any violation or threatened
15 22.
17 party seeking enforcement of the CC&Rs provide notice to the other party
3 for the homeless would violate Paragraphs 8 and 9 of the CC&Rs. Plaintiff
4 G Group also notified the County of its intent to enforce the CC&Rs and
7 Exhibit C.
8 23.
12 24.
13 This Court has jurisdiction under ORS 28.010 and ORS 28.020,
14 which grant circuit courts the power to declare rights regarding questions
15 arising under a contract. Plaintiffs are requesting the Court to declare that
17 housing for the homeless will violate Paragraphs 8 and 9 of the CC&Rs.
18
5 injunction restraining the County from converting the Quality Inn Hotel to
7 26.
9 Center and the Quality Inn Hotel are both located in Clackamas County.
10 27.
13 Shopping Center.
16 28.
19
4 party may have under the contract. The CC&Rs constitute a contract
9 30.
12 housing for the homeless either violates or threatens to violate the CC&Rs.
13 31.
15 will resolve the controversy between the parties and eliminate uncertainty
3 32.
6 33.
9 34.
11 County has no lawful right to convert the Quality Inn Hotel to emergency
13 35.
16 converting the Quality Inn Hotel to emergency shelter housing for the
17 homeless.
2 the CC&Rs.
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Exhibit A
AFTER RECORDING RETURN TO:
Gramor Development, Inc.
10300 S. W. Greenburg Rd - #275
Portland, Oregon 97223
DECLARATION OF EASEMENTS,
COVENANTS, CONDITIONS AND RESTRICTIONS
-1- 88 16988
Exhibit B, Page 1 of 20
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2. Cross Access. The parties covenant that at all times
free vehicular and pedestrian access between the Parcels owned by
each party will not be impeded and will be maintained for the
mutual benefit and convenience of the patrons, business invitees,
and employees of the business enterprises conducted on Parcels A
Bandc.
4. Signage:
Exhibit B, Page 2 of 20
B. GRAMOR shall be solely responsible for all costs of
Placing, maintaining and operating such Sign. Upon completion of
the initial placement of the Sign, GRAMOR, at its sole cost,
shall restore the surface area to the same condition as existed
prior to the construction. Electrical power to such Sign shall
be separately metered if reasonably possible. In the event
separate metering is installed, GRAMOR shall nav all sums that
may become due for electrical energy supplied to the Sign and
shall keep BRUTGER indemnified against being called on to pay the
same. In the event separate metering is not installed BRUTGER
shall allocate such charges on a reasonable basis and GRAMOR
shall pay for such usage on a monthly basis based upon the rate
charged BRUTGER for electricity upon receipt from BRUTGER of a
copy of BRUTGER'S electric utility bill with respect to the month
for which payment is sought. GRAMOR shll have the duty as well
as the right to inspect the Sign and repair it or replace burned
out Lamps and to do all other work necessary to maintain the Sign
in proper working order, all of which shall be done at its sole
expense.
a)
Exhibit B, Page 3 of 20
structure on the lands which interferes with the access rights or
utility easement granted above. These restrictions shall not
apply to light towers, appurtenant electrical equipment, signs
relating to business conducted on Parcels A, B or C, traffic or
directicnal signs, feuces, gates or other traffic control
structures which at the time of the erection thereof are usual in
connection with the operation of parking lots and which do not
themselves interfere with usual operation of parking lots and
traffic flow.
=4-
Exhibit B, Page 4 of 20
filed agrees to promptly cause such Lien to be released and
discharged of record either by paying the indebtedness which gave
rise to such lien or posting such bond or other securities as
shall be required by law to obtain such release and discharge.
Nothing herein shall prevent a party permitting or causing such
lien to contest the validity thereof in any manner such party
chooses so long as such contest is pursued with reasonable
diligence, and in the event such contest is determined adversely,
such party shall promptly pay in full the required amount,
together with any interest penalty and costs.
s 5
ad
Exhibit B, Page 5 of 20
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enhancing and protecting the value, desirability and
attractiveness of the lands and every part thereof. All of the
limitations, restrictions, conditions and covenants in this
section entitled Protective Covenants shall run with the land and
shall be binding on all parties having or acquiring any right,
title or interest in Parcels B and C, or any part thereof, and
the benefit thereof shall inure to BRUTGER, its successors and
assigns so long as Parcel A, the Motel Property, shall be devoted
to hotel, motel, or motel/condominium use.
ll. Building Size. For the period of the five (5) years
next following the recording of this Agreement, no building
erected or modified on the south half of Parcel B may be of
greater size (ground floor area and height), than the building as
indice -ed on Exhibit 3; provided nevertheless, that iff GRAMOR
fails to comply with the provisions of paragraphs 8 and 12
‘N herein, then the restrictions of this paragraph 11 shall be
automatically thereby extended for an additional period of ten
(10) years beyond the initial five (5) year period stated herein.
Exhibit B, Page 6 of 20
Sik lea =.
GENERAL PROVISIONS:
-7-
Exhibit B, Page 7 of 20
expenses of attorney's fees and disbursements incurred therein by
the successful Litigant, including such costs and expenses
incurred in connection with any such action or proceeding and any
appeals therefrom.
~8-
Exhibit B, Page 8 of 20
IN WITNESS WHERECF, the parties have caused this Agreement to
be executed effective the date and year first set forth above.
By R. E. neni sane
By: # ») x be : 77
RoE. Beaupr
STATE OF MINNESOTA)
)ss.
COUNTY OF STEARNS }
The foregoing instrument was acknowledged before ae this
Bitte day of Dei k , 1988, by “te A. ce Jr
the pice Spoesident. ot BRUTGER EQUITIES, INC., a Minnesota
corporation, on behalf of the corporation.
tary siaedh
Exhibit B, Page 9 of 20
A j
STATE OF WASHINGRGNYOREGON
ss.
COUNTY OF — CLACKAMAS)
Roger D. Neils
Hoolihan & Neils
1011 North 2nd Street
P.O. Box 307
St. Cloud, MN 56302
(612) 253-7130
Exhibit B, Page 10 of 20
EXHIBIT "1°
(COMreeur ny | \
Exhibit B, Page 11 of 20
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2. Cross Access. The parties covenant that at all times
free vehicular and pedestrian access between the Parcels owned by
each party will not be impeded and will be maintained for the
mutual benefit and convenience of the patrons, business invitees,
and employees of the business enterprises conducted on Parcels A
Bandc.
4. Signage:
Exhibit B, Page 2 of 20
Exhibit “1" Continued...
Legal Description Continued...
Exhibit B, Page 13 of 20
PARCEL C The Adjacent Property
A
recorded July 26, 1979 under Clackamas County Recorder's
Fee No. 7932222; thence along said North line of the
Killian Tract, South 89° 44° 10" East, a distance of
232.10 fect to the re-entry corner of said Lot 1, “NT.
SCOTT ACRES"; thenee North 01° O8* SI)” East, a distance
of 95.13 feet to the place of beginning. :
Exhibit B, Page 14 of 20
PARCEL C The Adjacent Property
Exhibit B, Page 15 of 20
nnenad Son GES cae See
Exhibit B, Page 16 of 20
structure on the lands which interferes with the access rights or
utility easement granted above. These restrictions shall not
apply to light towers, appurtenant electrical equipment, signs
relating to business conducted on Parcels A, B or C, traffic or
directicnal signs, feuces, gates or other traffic control
structures which at the time of the erection thereof are usual in
connection with the operation of parking lots and which do not
themselves interfere with usual operation of parking lots and
traffic flow.
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Exhibit B, Page 4 of 20
Exhibit B, Page 18 of 20
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Exhibit B, Page 20 of 20
February 23, 2023
Gregory S. Hathaway
1125 NW Couch Street, Suite 550
Portland, OR 97209
[email protected]
(503) 303-3103 Direct
(503) 303-3101 Main
Exhibit C, Page 1 of 3
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enhancing and protecting the value, desirability and
attractiveness of the lands and every part thereof. All of the
limitations, restrictions, conditions and covenants in this
section entitled Protective Covenants shall run with the land and
shall be binding on all parties having or acquiring any right,
title or interest in Parcels B and C, or any part thereof, and
the benefit thereof shall inure to BRUTGER, its successors and
assigns so long as Parcel A, the Motel Property, shall be devoted
to hotel, motel, or motel/condominium use.
ll. Building Size. For the period of the five (5) years
next following the recording of this Agreement, no building
erected or modified on the south half of Parcel B may be of
greater size (ground floor area and height), than the building as
indice -ed on Exhibit 3; provided nevertheless, that iff GRAMOR
fails to comply with the provisions of paragraphs 8 and 12
‘N herein, then the restrictions of this paragraph 11 shall be
automatically thereby extended for an additional period of ten
(10) years beyond the initial five (5) year period stated herein.
Exhibit B, Page 6 of 20
Clackamas County Board of Commissioners
Paul Choi
February 23, 2023
Page 3
Thank you.
Gregory S. Hathaway
GSH/ep
Exhibit C, Page 3 of 3