HomeMy WebLinkAboutOrder 022 - Notice of Default - PronghornDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org
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AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of April 25, 2012
Please see directions for completing this document on the next page.
DATE: April 19, 2012
FROM: Mark Pilliod Legal
TITLE OF AGENDA ITEM:
An Order Authorizing Interim County Administrator to Execute and Deliver Notice of Default.
PUBLIC HEARING ON THIS DATE? NO.
BACKGROUND AND POLICY IMPLICATIONS:
State law defines destination resort in part as "a self-contained development providing visitor-oriented
accommodations and developed recreational facilities in a setting with high natural amenities." County
Code also requires the number of units approved for residential sale may not be more than two (2) units
for each (1) unit of permanent overnight (visitor) lodging (State law requires 2.5:1). Ifa resort does not
construct all of the required overnight lodging units necessary to comply with the 2:1 ratio, then it is
required to guarantee through surety bonding or substantially equivalent financial assurances prior to
closure of sale of individual lots or units an amount necessary to cover the costs of constructing the
remaining overnight lodging units.
In 2002, Deschutes County approved Pronghorn's application for 289 single family residential lots.
The minimum number of overnight lodging units required under Oregon Statewide Planning Goal 8 is
150 units. Deschutes County approved Pronghorn's Improvement Agreement (IA) to construct 150
overnight lodging units in 2002. Between 2002 and 2008, the County permitted Pronghorn to increase
the number of single family residential lots from 289 to 384, which had the effect of increasing its
overnight lodging unit obligation from 150 to 192. During this same period, Pronghorn constructed 48
overnight lodging units. Therefore, to maintain compliance with the state's required 2: 1 ratio,
Deschutes County approved Pronghorn's Amendment to the IA in 2008 to provide a financial assurance
to construct 144 additional overnight lodging units. Specifically, the 2008 Amendment required
Pronghorn to build Hotel A, 64 units, by April 2011, and Hotel B, 80 units, by April 2013.
Since entering into the Amendment to the IA in 2008, Pronghorn has not constructed any overnight
lodging units. Deschutes County must ensure it retains the right to require compliance with State Law
and County Code to achieve the 2:1 ratio. Pronghorn's construction of only 48 overnight lodging units,
while enjoying the benefit of 384 single family lots, represents an 8: 1 ratio.
In discussions with the developer who signed the improvement agreement, it was apparent that further
extension of the obligations under the improvement agreement would not provide any certainty that the
overnight lodging units would be constructed in a timely manner.
FISCAL IMPLICATIONS:
None
RECOMMENDATION & ACTION REQUESTED:
Move adoption of recommended Order Number 2012-22, attached
ATTENDANCE: Mark Pilliod, Legal Counsel
DISTRIBUTION OF DOCUMENTS:
File original in Commissioners Journal, with copies to Legal and Finance
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LEGAL CO NSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Authorizing Interim County *
Administrator to Execute and Deliver Notice of * ORDER NO. 2012-022
Default. *
WHEREAS, Pronghorn Investors LLC, Pronghorn Villa Partners LLC., and Pronghorn Development
Company LLC (collectively "Developer") are the developer of Pronghorn Destination Resol1 development in
Deschutes County ("Project"); and
WHEREAS, as a part of the land use approval of the Project, Developer was required to complete
construction of overnight lodging units; and
WHEREAS, Developer is a party to that certain Improvement Agreement Amendment:, Deschutes
County document number 2008-171 ("Improvement Agreement"), recorded on May 21, 2008, in the Deschutes
County Official Records at 2008-22062, by which the County allowed Developer to proceed with the project,
sell properties comprising the Project and defer construction of overnight lodging units; and
WHEREAS, under the Improvement Agreement:, Developer agreed to complete construction of certain
overnight lodging units no later than May, 2011; and
WHEREAS, as security for performance of its obligations under the Improvement Agreement,
Developer caused to be deposited with the county an amount of cash which Developer asserted was sufficient to
satisfy the Developer's obligation to construct the overnight lodging units in the event Developer failed to do so;
and
WHEREAS, Developer has failed to complete the required overnight lodging units by the deadline set
forth in the Improvement Agreement and is therefore in default, now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. A default and breach of the Improvement Agreement is declared.
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Page 1 of2 -ORDER NO. 2012-022
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Section 2. The Deschutes County Interim Administrator is authorized and directed to execute and
deliver by mail a Notice of Default, in substantially the form attached hereto, marked Exhibit A and
incorporated by reference herein.
DATED April __, 2012 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DEBONE, Chair
ATTEST: ALAN UNGER, Vice Chair
Recording Secretary TAMMY BANEY, Commissioner
Page 2 of2 -ORDER NO. 2012-022
~EWED G~ ,
L GAL COUNSEL
For Recording Stamp Only
[DATE]
CERTIFIED MAIL RETURN RECEIPT REQUESTED
Attn: Tom Hix
High Desert Development, LLC
Pronghorn Investors LLC
Pronghorn Villa Partners LLC
Pronghorn Development Company LLC
480 San Antonio Rd, Ste 205
Mountain View, CA 94040-1245
Pronghorn Intangibles, LLC
c/o Shane Orr
Jacobs Chase LLC
1050 1 i h St., Ste 1500
Denver, CO 80265
Attn: Jeff Schultz
Societe Generale
2001 Ross Ave., Ste 4900
Dallas, TX 95201
Attn: Tia Lewis
Schwabe Williamson & Wyatt PC
360 SW Bond St, Ste. 400
Bend,OR 97702
Attn: Gerald S. Casilli
Casilli Revocable Trust UTA
2905 Woodside Road
Woodside, CA 94062
Pronghorn Intangibles, LLC
c/o Elizabeth Dickson
747 SW Mill View Way
Bend, OR 97702
Attn: Thomas P. Arnold
Locke Liddell & Sapp LLP
2200 Ross Ave, Ste 2200
Dallas, TX 75201
URGENT -NOTICE OF DEFAULT
YOU ARE HEREBY NOTIFIED THAT THERE IS A DEFAULT BY DEVELOPER OR OTHER
PERSON OWING AN OBLIGATION OR BY HIS SUCCESSOR IN INTEREST. The obligation is
set forth in the Improvement Agreement Amendment, Deschutes County Document No. 2008-171,
recorded on May 21, 2008 in the Deschutes County Official Records at 2008-22062 ("Agreement").
The parties to the Agreement are:
1. Developer/Grantor/Licensor: Pronghorn Investors LLC I Pronghorn Villa Partners LLC
Pronghorn Development Company LLC
Any successor in interest, pursuant to Section I 21 of the Agreement
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Notice of Default
Pronghorn Investors LLC, et al
Page 2 01'2
2. Grantee/Licensee: Deschutes County ("County")
The property which is the subject of the Agreement is legally described as in Exhibit A, attached and
incorporated by reference herein.
The Agreement is in default for the following reasons:
1. The Developer has failed to "install and complete, or cause to be installed and completed"
Hotel A, described in Section 4 of the Agreement ("Required Improvements"), by the
completion deadline of May 1,2011, as required by Section 5.2 of the Agreement.
2. The Developer has failed to provide County with annual updates, in accordance with Section
5.6 ofthe Agreement, of Developer's progress in constructing the Required Improvements.
Pursuant to the Agreement, if within 30 days from the date of this notice you have not cured the
default, the County shall have the right without further notice to draw on the Security as provided in
Section 8 of the Agreement and to enter and remain on the property as provided as provided in Section
7. At the end of the 30-day period, if the Required Improvements are not completed, the County shall
step and in and commence or complete the Required Improvements and shall draw on the Trust
Account.
Dated this of ,2012 BOARD OF COUNTY COMMISSIONERS --------'
OF DESCHUTES COUNTY, OREGON
ANTHONY DEBONE, Chair
ALAN UNGER, Vice Chair
ATTEST:
Recording Secretary TAMMY BANEY, Commissioner
EXHIBIT "A"
TRACT I:
Lot 11, CORE AREA AT PRONGHORN, Recorded December 15, 2005 as
document No. 2005-86135, Deschutes County, Oregon.
EXCEPTING THEREFROM that portion platted as The Residence Club at
Pronghorn Villas Condominiums Supplemental Plat No.1: Annexation
of Stage 2 Recorded August 21, 2006 as Document No. 2006-57317
TRACT II:
Parcel I:
An undivided 2/12 Interest in Unit 108 RESIDENCE CLUB AT
PRONGHORN VILLAS CONDOMINIUMS, Recorded August 23, 2005 as
Document No. 2005-56018 Deschutes County, Oregon, described in
and subject to that certain Condominium Declaration of Ownership and
Fractional Plan for the Residence Club at Pronghorn Villas
Condominiums recorded August 23, 2005 In Volume 2005, Page
56019, Deschutes County Official Records, and rerecorded September
6, 2005 in Volume 2005, Page 59517, and amended by document
recorded March 13, 2006 In Volume 2006, Page 16873, together with
the limited and general common elements as set forth therein,
appertaining to said unit.
(COMMONLY KNOWN AS INTERESTS G & L)
PARCEL II:
An undivided 2/12 interest in Unit 304 RESIDENCE CLUB AT
PRONGHORN VILLAS CONDOMINIUMS, Recorded August 23, 2005 as
Document No. 2005-56018 Deschutes County, Oregon, described in
and subject to that certain Condominium Declaration of Ownership and
Fractional Plan for the Residence Club at Pronghorn Villas
Condominiums recorded August 23, 2005 in Volume 2005, Page
56019, Deschutes County Official Records, and rerecorded September
6, 2005 in Volume 2005, Page 59517, and amended by document
recorded March 13, 2006 in Volume 2006, Page 16873, together with
the limited and general common elements as set forth therein,
appertaining to said unit.
(COMMONLY KNOWN AS INTERESTS J, & K)
Page 1 of 11, Exhibit A to Notice of Default
TRACT III:
PARCEL I:
An undivided 10/12 interest In Unit 401 RESIDENCE CLUB AT
PRONGHORN VILLAS CONDOMINIUMS SUPPLEMENTAL PLAT NO.1:
ANNEXATION OF STAGE 2, recorded August 21, 2006 as Document
No. 2006-57317 Deschutes County, Oregon, described in and subject
to that certain Condominium Declaration of Ownership and Fractional
Plan for the Residence Club at Pronghorn Villas Condominiums
recorded August 23, 2005 in Volume 2005, Page 56019, Deschutes
County Official Records, and rerecorded September 6, 2005 In Volume
2005, Page 59517; and in Supplemental Declaration of Ownership &
Fractional Plan for the Residence Club at Pronghorn Villas
Condominiums Supplemental Plat No.1: Annexation of Stage 2
recorded August 21, 2006 In Volume 2006 Page 57318; also together
with the limited and general common elements as set forth therein,
appertaining to said unit.
(COMMONLY KNOWN AS INTERESTS C, 0, E, F, G, H, I, J, K & L)
PARCEL II:
An undivided 10/12 Interest in Unit 404 RESIDENCE CLUB AT
PRONGHORN VILLAS CONDOMINIUMS SUPPLEMENTAL PLAT NO.1:
ANNEXATION OF STAGE 2, recorded August 21, 2006 as Document
No. 2006-57317, Deschutes County, Oregon, described in and subject
to that certain Condominium Declaration of Ownership and Fractional
Plan for the Residence Club at Pronghorn Villas Condominiums
recorded August 23, 2005 In Volume 2005, Page 56019, Deschutes
County Official Records, and rerecorded September 6, 2005 in Volume
2005, Page 59517; and in Supplemental Declaration of Ownership &
Fractional Plan for the Residence Club at Pronghorn Villas
Condominiums Supplemental Plat No.1: Annexation of Stage 2
recorded August 21, 2006 in Volume 2006 Page 57318; also
together with the limited and general common elements as set forth
therein, appertaining to said unit.
(COMMONLY KNOWN AS INTERESTS C, 0, E, F, G, H, I, J, K & L)
I Page 2 of 11, Exhibit A to Notice of Default
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PARCEL III:
An undivided 12/12 interest In Unit 405 RESIDENCE CLUB AT
PRONGHORN VILLAS CONDOMINIUMS SUPPLEMENTAL PLAT NO.1:
ANNEXATION OF STAGE 2, recorded August 21, 2006 as Document
No. 2006-57317, Deschutes County, Oregon, described In and subject
to that certain Condominium Declaration of Ownership and Fractional
Plan for the Residence Club at Pronghorn Villas Condominiums
recorded August 23, 2005 in Volume 2005, Page 56019, Deschutes
County Official Records, and rerecorded September 6, 2005 In Volume
2005, Page 59517; and In Supplemental Declaration of Ownership &
Fractional Plan for the Residence Club at Pronghorn Villas
Condominiums Supplemental Plat No.1: Annexation of Stage 2
recorded August 21, 2006 In Volume 2006 Page 57318; also
together with the limited and general common elements as set forth
therein, appertaining to said unIt.
(COMMONLY KNOWN AS INTERESTS A, B, C, D, E, F, G, H, I, J, K & L)
TRACT IV:
Lots 104, and Developer Lot C ESTATES AT PRONGHORN, PHASE 2,
Recorded August 18, 2003, Document No. 2003 -56597, Official
Records, Deschutes County, Oregon
TRACT V:
lots 230, 240 through 244, 248, 251, 252, 256 through 260, 262,
263, 268, 269, 274 275, 282, 283 and 285, Developer lot D,
Developer lot E, Developer lot F; and Developer lot G, ESTATES AT
PRONGHORN, PHASE 3, Recorded November 10, 2004, Document No.
2004 -67478, Official Records, Deschutes County, Oregon.
TOGETHER WITH a tract of land, being a portion of Lot 177, ESTATES
AT PRONGHORN, PHASE 2, as recorded on August 18, 2003,
Document No. 2003-56597, Official Records, Deschutes County,
Oregon and located in the North Half (Nl/2) of Section 16, Township
16 South, Range 13 East, Willamette Meridian, Deschutes County,
Oregon, being more fully described as follows:
BEGINNING from the Southwesterly corner of Lot 177, ESTATES AT
PRONGHORN, PHASE 2, as recorded in the Deschutes County Clerks
Records in Cabinet "GIl, Page 3, said point being a found yellow plastic
cap marked "W&H Pacific"; thence along a line common to the
Westerly line of said Lot 177, and the Easterly line of Developer Lot
Page 3 of 11 , Exhibit A to Notice of Default
"F", ESTATES AT PRONGHORN, PHASE 3, as recorded in the Deschutes
County Clerks Records in Cabinet "G", Page 512, North 11°40'0611
West, 76.07 feet to a found yellow plastic cap marked "W&H Pacific";
thence leaving said common line and along the Northerly line of said
Lot 177 and being common to said Developer Lot "F", North 69°34'24"
East, 21.87 feet; thence leaving said Northerly line and said common
line South 03°33'40" West, 82.29 feet to the point of beginning.
EXCEPTING THEREFROM that portion of Developer Lot F described in
the following 4 Lot Line Adjustment descriptions:
LOT 177 & DEVELOPER LOT "F" ADJUSTMENT AREA
Lot line adjustment description located in the North Half of Section 16,
Township 16 South, Range 13 East, Willamette Meridian, Deschutes
County, Oregon being more fully described as follows:
BEGINNING FROM the Northeasterly corner of Lot 177, ESTATES AT
PRONGHORN, PHASE 2 as recorded in the Deschutes County clerks
records in Cabinet "Gil, Page 3, said point being a found yellow plastic
cap marked "W&H Paclfic"i thence along a line common to the
Westerly line of said Lot 177, and the Easterly line of Developer Lot
"F", Estates At Pronghorn, Phase 3, as recorded in the Deschutes
County clerks records in Cabinet "G", Page 512, South 69°34'25"
West, 171.06 feet; thence leaving said common line North 03°33'40"
East, 68.57 feet; thence North 75°34'36" East, 132.84 feet; thence
South 33°13'15" East, 50.00 feet to the POINT OF BEGINNING.
LOT 178 & DEVELOPER LOT "F" ADJUSTMENT AREA
Lot Line Adjustment Description located in the North Half (Nl/2) of
Section 16, Township 16 South, Range 13 East, Willamette Meridian,
Deschutes County, Oregon being more fully described as follows:
BEGINNING from the Northwesterly corner of Lot 178, ESTATES AT
PRONGHORN, PHASE 2 as recorded In the Deschutes County clerks
records In Cabinet "Gil, Page 3, said point being a found yellow plastic
cap marked "W&H Pacific"; thence along a line common to the
Westerly line of said Lot 178, and the Easterly line of Developer Lot
"F", ESTATES AT PRONGHORN, PHASE 3, as recorded in the Deschutes
County clerks records in Cabinet "Gil, Page 512, thence South
30°59'58" West, 113.67 feet; to the Southwesterly corner of Lot 178,
being a found yellow plastic cap marked "W&H Pacific"; thence leaving
said common line North 33°13'15" West, 50.00 feet; thence North
Page 4 of 11. Exhibit A to Notice of Default
39°20'24" East, 93.58 feet; thence South 57°48'06" East, 31.46 feet
the POINT OF BEGINNING.
LOT 179 & DEVELOPER LOT "F" ADJUSTMENT AREA
Lot line adjustment description located in the North Half (N 1/2) of
Section 16, Township 16 South, Range 13 East, Willamette Meridian,
Deschutes County, Oregon being more fully described as follows:
Beginning From The Southwesterly Corner Of Lot 179, ESTATES AT
PRONGHORN, PHASE 2 as recorded In the Deschutes county clerks
records in Cabinet "Gil, Page 3, said point being a found yellow plastic
cap marked "W&H Pacific"; thence North 57°48'06" West, 31.46 feet;
thence North 39°20'24" East, 89.45 feet; thence South 77°34'46"
East, 19.49 feet to the Northwesterly corner of said Lot 179; thence
along a line common to the Westerly line of said Lot 179, and the
Easterly line of Developer Lot "F", ESTATES AT PRONGHORN, PHASE 3,
as recorded in the Deschutes County clerks records in Cabinet "G",
Page 512, South 30°59'58" West, 95.37 feet the pOint of beginning.
LOT 180 & DEVELOPER LOT "F" ADJUSTMENT AREA
Lot line adjustment description located In the North Half (N1/2) of
Section 16, Township 16 South, Range 13 East, Willamette Meridian,
Deschutes County, Oregon being more fully described as follows:
BEGINNING from the Northwesterly corner of Lot 180, ESTATES AT
PRONGHORN, PHASE 2 as recorded in the Deschutes County clerks
records in Cabinet "Gil, Page 3, said pOint being a found yellow plastic
cap marked "W&H Pacific"; thence along a line common to the
Westerly line of said Lot 180, and the Easterly line of Developer Lot
"F", ESTATES AT PRONGHORN, PHASE 3, as recorded in the Deschutes
County clerks records in Cabinet "G", Page 512, South 30°59'58"
West, 119.80 feet; thence leaving said common line North 77°34'46"
West, 19.49 feet; thence North 39°20'24" East, 127.36 feet to the
POINT OF BEGINNING.
Page 5 of 11. Exhibit A to Notice of Default
TRACT VI:
The Northwest Quarter of Section 16, Township 16 South, Range 13,
East of the Willamette Meridian, also known as Parcell of Partition
Plat 1993-59, Recorded September 2, 1993, Document No. 1993
030812, Deschutes County Plat Records, Deschutes County, Oregon.
EXCEPTING THEREFROM any portion lying within the boundaries of
ESTATES AT PRONGHORN, PHASE 2, Recorded August 18, 2003,
Document No. 2003 -56597, Official Records, and within the
boundaries of ESTATES AT PRONGHORN, PHASE 3, Recorded
November 10, 2004, Document No. 2004 -67478, Official Records.
TRACT VII:
A parcel of land located In South Half of Section 16, Township 16
South, Range 13 East, WlIIamette Meridian, Deschutes County,
Oregon, being more particularly described as follows:
All of the South Half (51/2) of Section 16, Township 16 South, Range
13 East, Willamette Meridian, Deschutes County, Oregon.
EXCLUDING:
That portion of ESTATES AT PRONGHORN, PHASE 1, lying In the
Southeast Quarter (SE1/4) of Section 16, Township 16 South, Range
13 East, Willamette Meridian as recorded December 19, 2002,
Document No. 2002-71282, in the Deschutes County Official Records.
ALSO EXCLUDING:
Any portion lying within the plat of CORE AREA AT PRONGHORN,
recorded December 15, 2005 as Document 2005-86135 in Deschutes
County Official Records.
ALSO EXCLUDING:
An portion lying within the plat of VILLAS AT PRONGHORN
TOWNHOUSES, recorded March 16, 2006 as Document 2006-18025 in
Deschutes County Official Records.
ALSO EXCLUDING:
That portion of ESTATES AT PRONGHORN PHASE 2, Developer lot "C",
lying in the Southeast Quarter (SE1/4) of Section 16, Township 16
South, Range 13 East, WlIlamette Meridian, as recorded August 18,
Page 6 of 11, Exhibit A to Notice of Default
2003/ Document No. 2003 -56597 in the Deschutes County Official
Records.
ALSO EXCLUDING:
That portion of ESTATES AT PRONGHORN, PHASE 3, Recorded
November 10/ 2004, Document No. 2004 -67478/ Official Records/
lying In the South Half (51/2) of Section 16 South/ Range 13, East/
Willamette Meridian/ Deschutes County, Oregon.
ALSO EXCLUDING:
Any portion contained with the plat of RESIDENCE CLUB AT
PRONGHORN VILLAS CONDOMINIUMS Recorded August 23, 2005 as
Document 2005-56018.
TRACT VIII:
Lots 1/ 3/ 4/ 5/ 6/ 7/ 8/ 9/ 10/ and Developer Lot 1/ CORE AREA AT
PRONGHORN, recorded December 15, 2005 as Document 2005-86135
in Deschutes County Official Records.
TRACT X:
The Northeast Quarter (NE1/4) of Section 16/ Township 16 South,
Range 13/ East of the Willamette Meridian, Deschutes County, Oregon.
EXCEPTING THEREFROM any portion lying within the boundaries of
ESTATES AT PRONGHORN, PHASE 1/ Recorded December 19, 2002/
Document No. 2002 -71282/ Official Records, ESTATES AT
PRONGHORN/ PHASE 2/ Recorded August 18/ 2003, Document No.
2003 -56597/ Official Records, and ESTATES AT PRONGHORN, PHASE
3, Recorded November 10, 2004, Document No. 2004 -67478, Official
Records.
TRACT XI:
All property in VILLAS AT PRONGHORN TOWNHOUSES, recorded March
16, 2006 as Document 2006-18025 in Deschutes County Official
Records
TRACT XII:
Parcels 1 & 2, Partition Plat 2005-38, Recorded May 26, 2005,
Document No. 2005 -32432, Official Records, Deschutes County,
Oregon.
Page 7 of 11 , Exhibit A to Notice of Default
EXCEPTING FROM ALL OF THE ABOVE PROPERTY, THE
FOLLOWING PROPERTIES:
Lot 1, VILLAS AT PRONGHORN TOWNHOUSES, Deschutes County,
Oregon.
Recorded: August 3, 2007
Document No.: 2007-42973, Official Records
Lot 3, VILLAS AT PRONGHORN TOWNHOMES, recorded in Deschutes
County, survey records as CS16825.
TOGETHER WITH: Beginning at the Northerly angle pOint on the
Southerly line of said Lot 3, point of which bears North 46°37'45" East,
31.90 feet from the Southwest corner of said Lot 3: thence South
43°22'15" East along the line common to Lots 3 and 4 of said plat,
7.90 feet to the Southerly angle point on said Southerly line; thence
South 46°37'45" West along the projection of said common line 2.00
feet; thence parallel to the line between the Northerly and Southerly
angle pOints on said Southerly line North 43°22'15" West, 7.90 feet to
a point on said common line; thence along said common line North
46°37'45" East, 2.00 feet to the point of beginning.
Recorded: March 9, 2007
Document No.: 2007-14374, Official Records
Lot 3 of Villas at Pronghorn Townhomes, located in Deschutes County,
Oregon, according to the Plat of Villas at Pronghorn Townhomes,
recorded In Deschutes County, Oregon, Official Records on March 16,
2006, as Document No. 2006-18025, in Plat Cabinet G, at pages 1079
1080.
TOGETHER WITH A parcel of real property located in Deschutes
County, Oregon, resulting from the Deschutes County, Oregon, Lot
Line Adjustment No. LL-06-84, described as: Beginning at the
Northerly angle point on the Southerly line of said Lot 3, point of which
Page 8 of 11, Exhibit A to Notice of Default
bears North 46°37'45" East! 31.90 feet from the Southwest corner of
said Lot 3; thence South 43°22'15" East along the line common to Lots
3 and 4 of said plat, 7.90 feet to the Southerly angle point on said
Southerly line; thence South 46°37'45" West along the projection of
said common line 2.00 feet; thence parallel to the line between the
Northerly and Southerly angle points on said Southerly line North
43°22'15" West! 7.90 feet to a point on said common line; thence
along said common line North 46°37'45" East, 2.00 feet to the point of
beginning.
TOGETHER WITH an easement for Ingress and egress to, from and
through Common Areas in favor of Owners as set out in that certain
Declaration of Protective Covenants, Conditions and Restrictions for
the Villas at Pronghorn! recorded in Deschutes County, Oregon Official
Records on March 16, 2006, as Document No. 2006-18026.
Recorded: August 31! 2007
Document No.: 2007-48111, Official Records
Lot 2, VILLAS AT PRONGHORN TOWNHOUSES, Deschutes County,
Oregon.
Recorded: September 6, 2007
Document No.: 2007-48854, Official Records
Lot 9, VILLAS AT PRONGHORN TOWNHOUSES, Deschutes County,
Oregon.
Recorded: October 15, 2007
Document No.: 2007-55105, Official Records
Lot 6, VILLAS AT PRONGHORN TOWNHOUSES, recorded in Deschutes
County Surveyor's records as CS16825.
TOGETHER WITH: Beginning from the most Easterly corner common
to Lots 5 and 6 of said plat of Villas at Pronghorn Townhomes; thence
along the line common to said Lots 5 and 6, North 89°31'15" West,
86.54 feet tot the true point of beginning; thence South 00°28'45"
West, 7.98 feet; thence North 89°31'15" West 2.00 feet; thence
Page 9 om,Exhibit A to Notice of Default
leaving said common line North 00°28'45" East, 7.98 feet; thence
South 89°31'15" East, 2.00 feet to the true point of beginning.
Recorded: November 14, 2007
Document No.: 2007-59608, Official Records
Lot 5, VILLAS AT PRONGHORN TOWNHOUSES, recorded in Deschutes
County Surveyor's records as CS 16825.
EXCEPTING THEREFROM: Beginning from the most Easterly corner
common to Lots 5 and 6 of said plat of Villas at Pronghorn
Townhomes; thence along the line common to said Lots 5 and 6, North
89°31'15/1 West, 86.54 feet tot the true point of beginning; thence
South 00°28'45/1 West, 7.98 feet; thence North 89°31'15" West 2.00
feet; thence leaving said common line North 00°28'45" East, 7.98
feet; thence South 89°31'15" East, 2.00 feet to the true point of
beginning.
Recorded: November 14, 2007
Document No.: 2007-59609, Official Records
Lot 10, VILLAS AT PRONGHORN TOWNHOUSES, Deschutes County,
Oregon.
Recorded: November 26, 2007
Document No.: 2007-61156, Official Records
Lot 12, VILLAS AT PRONGHORN TOWNHOUSES, Deschutes County,
Oregon.
Recorded: November 30, 2007
Document No.: 2007-62018, Official Records
Lot 4 of VILLAS AT PRONGHORN TOWNHOFVIES, recorded in Deschutes
County survey records as CS16825.
EXCEPTING THEREFROM: Beginning at the Northerly angle pOint on
the Southerly line of Lot 3 of said plat, point of which bears North
Page 10 of 11, Exhibit A to Notice of Default
46°37'45" East, 31.90 feet from the Southwest corner of said Lot 3:
thence South 43°22 /15/1 East along the line common to Lots 3 and 4 of
said plat, 7.90 feet to the Southerly angle point on said Southerly line;
thence South 49°37'45" West along the projection of said common line
2.00 feet; thence parallel to the line between the Northerly and
Southerly angle pOints on said Southerly line North 43°22'15" West,
7.90 feet to a point on said common line; thence along said common
line North 46°37'45" East, 2.00 feet to the point of beginning.
Recorded: June 21, 2007
Document No.: 2007-34972, Official Records
Re-recorded: June 27, 2007
Document No.: 2007-35867, Official Records
Lot 11, VILLAS AT PRONGHORN TOWNHOUSES Deschutes County,
Oregon.
Recorded February 20, 2008 as document Number 2008-7587
Page 110,11, Exhibit A to Notice of Default