HomeMy WebLinkAboutApplication APPLICANT 3/19/2019 (2)18CV10053
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4 IN THE CIRCUIT COURT FOR THE STATE OF OREGON
5 FOR THE COUNTY OF LANE
6 CITY OF SPRINGFIELD, a Municipal Corporation of
the State of Oregon, acting by and through the
7 SPRINGFIELD UTILITY BOARD,
CASE No. 18CV10053
8 Plaintiff,
STIPULATED GENERAL JUDGMENT
9 V.
10 ALBERTO MIRANDA, aka ALBERTO G. MIRANDA,
11 Defendant.
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13 This matter comes to the Court upon stipulation of the parties who have settled the
14 above -captioned case. Plaintiff, the City of Springfield, acting by and through its Springfield Utility
15 Board (hereinafter "SUB") appears by and through Paul J. Sundermier and Jennifer C. Paul, of
16 Saalfeld Griggs PC, Salem. Defendant, Alberto Miranda, aka Alberto G. Miranda (hereinafter "Mr.
17 Miranda") appears by and through Cynthia M. Fraser and Paul H. Trinchero, of Garvey Schubert
18 Barer PC, Portland.
19 The parties stipulate, agree and advise the Court of the following:
20 The parties have reached an agreement settling and resolving all claims, counterclaims,
21 and defenses that were or could have been raised herein related to the above -captioned matter;
22 The parties acknowledge that the above -captioned matter was filed as a condemnation
23 proceeding related to the taking by SUB of certain easement interests over portions of Mr.
24 Miranda's property located in Lane County, Oregon and further identified as Tax Lots 1000, 1100,
25 and 3701, for the construction and maintenance of electric transmission lines to connect the
26 existing Bonneville Power Administration Alvey Substation;
PAGE - 1 — STIPULATED GENERAL JUDGMENT
Cate, Rocolved:._ 3Sy/aa+9-- e_
SAALFELD GRIGGS r-Ilunnnr.: AL
LAWYERS
PO Box 470 SALEM OR 97308-0470 TEc (503) 399-1070
1 The parties acknowledge that the present settlement of the parties' dispute, among other
2 things, involves a negotiated agreement that involves the fee transfer of Tax Lots 1000, 1100, in
3 their entirety and certain portions of Tax Lot 3701 as further defined herein, by this judgment to
4 SUB, which is a greater acquisition of property interests than SUB resolved to take pursuant to
5 SUB Resolution No. 2017-06, which is however agreed to as necessary for purposes of fully and
6 finally resolving the condemnation dispute between the parties;
7 The parties' terms of settlement are further reflected by written documentation signed
8 by Mr. Miranda on January 22, 2019, and approved by SUB in a special emergency session on
9 January 17, 2019 ("Settlement Agreement"). Within the Settlement Agreement the parties agree
10 that the term Agent(s) as used in the Settlement Agreement is defined to mean a person or
11 business authorized to act on Mr. Miranda's behalf;
12 No good cause exists for setting aside the settlement agreement or for setting this case
13 for trial;
14 Thisjudgment and the terms of the Settlement Agreement reflects the parties' settlement
15 of all issues raised or that may be raised in this action;
16 The real property described in Exhibit A attached hereto and incorporated herein by this
17 reference is the legal description of Tax Lot 1000 (parcel 1) owned by Mr. Miranda, which is by
18 this judgment vested in fee in SUB, excepting the express exceptions identified in the legal
19 descriptions therein;
20 The real property described in Exhibit B attached hereto and incorporated herein by this
21 reference is the legal description for Amended (2019) Tax Lot 1100, which is the fee of former
22 Tax Lot 1100 and a certain portion of Tax Lot 3701 previously held in fee by Mr. Miranda.
23 Amended (2019) Tax Lot 1100 by this judgment is vested in fee to SUB. SUB will file the lot line
24 adjustment application within 30 days from entry of judgment to reflect the Amended (2019) Tax
25 Lot 1100;
26 The subject property as described in the attached Exhibit A (TL 1000) and Exhibit B (2019
PAGE - 2 —STIPULATED GENERAL JUDGMENT
SAALFELD GRIGGS--�qhi^C.r, All
LAWYERS
PO Box 470 SALEM OR 97308-0470 TEc 1503) 399-1070
1 TL 1100) is acquired for purposes of settling the above -captioned matter. Mr. Miranda does not
2 waive the right to repurchase in fee the portion of property being acquired for a public purpose
3 identified in SUB's resolution. SUB has a 10 -year period from the entry of this judgment to use
4 that portion of the subject property for a public purpose. Mr. Miranda may exercise the right of
5 repurchase with respect to that portion of the subject property as provided in ORS 35.385 to
6 35.415, to the extent applicable, if SUB does not use it for a public purpose within ten (10) years;
7 The total judgment sum to be paid by SUB for Tax Lot 1000, Amended (2019) Tax Lot 1100
8 and any claims for interest, fees, expenses, costs, disbursement or any other claim is
9 $2,000,000.00;
10 SUB deposited the sum of $167,500.00 with the Lane County Circuit Court Clerk upon
11 filing this case. That deposited sum is credited toward the total judgment sum, leaving a balance
12 due of $1,832,500.00;
13 This Court shall retain jurisdiction to resolve any disputes regarding the Settlement
14 Agreement and this judgment;
15 SUB is now entitled to judgment transferring Tax Lot 1000, Amended (2019) Tax Lot 1100
16 Mr. Miranda is entitled to the judgment sum of $2,000,000.00. Now therefore:
17 IT IS HEREBY ORDERED AND ADJUDGED:
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19 The real property described in Exhibits A and B is vested in SUB in fee, but for the
20 exceptions expressly described or referenced in the attached legal descriptions.
21 2.
22 Mr. Miranda has judgment for the total amount of $2,000,000.00 of which $167,500.00
23 was held by the Oregon Judicial Department, which sum has been disbursed by the Oregon
24 Judicial Department Financial Services to Garvey Shubert Barer Client Trust Account, Attention
25 Cynthia M. Fraser, 121 SW Morrison Street, Portland, OR 97204-3141. SUB shall issue a check
26 sent to Mr. Miranda's attorney, payable to Garvey Shubert Barer Client Trust Account, in the
PAGE -.3 —STIPULATED GENERAL JUDGMENT
SAALFELD GRIGGS
LAWYERS
PO Box 470 SALEM OR 97308-0470 TEL: (503) 399-107C
Date V1ew)lVecJ:._
Vll1 jhpw: Al,
I amount of $32,500.00 and to Alberto Miranda for the remaining $1,800,000.00 within seven (7)
2 business days of entry of this judgment. The undersigned will be contacted upon the availability
3 of Mr. Miranda's funds for pick up at SUB's main office located at 250 A Street, Springfield, OR
4 97477.
5 3.
6 All claims, counterclaims and defenses which were raised or could have been raised
7 concerning the above -captioned proceeding are dismissed.
8 4.
9 Mr. Miranda retains his right of repurchase pursuant to ORS 35.385 to 35.415, in fee for
10 that portion of the subject property being acquired and described in the Resolution No. 2017-06
11 and SUB's Complaint and Exhibits in the event that SUB does not use it for a public purpose within
12 ten (10) years of entry of this judgment.
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PAGE - 4 —STIPULATED GENERAL JUDGMENT
SAALFELD GRIGGS
LAWYERS
PO Box 470 SALEM OR 97308-0470 TEc (503) 399-1070
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The judgment sum is all-inclusive; i.e., no additional money is owed to Mr. Miranda for
interest, fees, expenses, costs or disbursements.
IT IS SO STIPULATED:
S/ JENNIFER C. PAUL
JENNIFER C. PAUL, OSB No. 104791
Email: jpaul@sglaw.com
Phone: 503.399.1070
Of Attorneys for Plaintiff
SUBMITTED BY:
JENNIFER C. PAUL, OSB No. 104791
Email: jpaul@sglaw.com
Phone: 503.399.1070
Of Attorneys for Plaintiff
PAGE - 5 — STIPULATED GENERAL JUDGMENT
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R.Curtts Conover, Circuli Court Judge
SI CYNTHIA M. FRASER
Cynthia M. Fraser, OSB No. 872243
Email: cfraser@gsblaw.com
Phone: 503.228.3939
Of Attorneys for Defendant
Date k
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SAALFELD GRIGGS
LAWYERS
PO Box 470 SALEM OR 97308-0470 TEL: (503)399-1070
EXHIBIT "A"
LEGAL DESCRIPTION
TAX LOT: 1000
PARCEL t:
Beginning at a point on the Easterly right of way line of the relocated U. S, Highway No, 99 North 0" 07'
30' East 647.48 feet and North 890 57' East 516.64 feet from the Southeast comer of the Chas. B. Sweet
Donation Land Claim No. 38 in Township 18 South, Range 3 West of the Willamette Meridian; and
running thence North 88° 67' East 75,83 feet; thence North 00 07'300 East 512.16 feet; thence South
53° 57' East 337.26 feet; thence South 00 27'30" West 724.84 feet to the Easterly line of said Highway;
thence on the arc of a 1662,4 feel radius curve left (the long chord of which bears North 40" 00' West
634.87 feel) a distance of 653.84 feet to the place of beginning, in Lane County, Oregon.
EXCEPT THEREFROM that portion lying within the railroad right of way, In Lane County, Oregon.
ALSO EXCEPT THEREFROM that portion described In deed to the State of Oregon, by and through Its
State Highway Commission, recorded June 12,1947, in Book 349, Pages 641, 642 and 643, Lane
County Oregon Deed Records, In Lane County, Oregon.
ALSO EXCEPT THEREFROM that portion described In deed to the State of Oregon, by and through Its
State Highway Commission, recorded November 8, 1961, Reception No. 49699. Lane County Oregon
Deed Records, in Lane County, Oregon.
Oailo t1,ccc IV-rI:
EXHIBIT B
LEGAL DESCRIPTION
TAX LOT: 1100
AMENDED 2019
ALL OF THOSE LANDS DESCRIBED IN THAT WARRANTY DEED RECORDED JANUARY 22,1996, ON REEL
2133R, AS INSTRUMENT NUMBER 9603969, LANE COUNTY OREGON OFFICIAL RECORDS.
ALSO; BEGINNING AT A 5/8" IRON ROD MARKING THE NORTHEAST CORNER OF PARCEL 1 OF LAND
PARTITION PLAT NO. 93-P0340, RECORDED APRIL 23, 1993, LANE COUNTY OREGON OFFICIAL RECORDS;
THENCE ALONG THE EAST LINE OF SAID PARCEL 1, SOUTH 00°28'28" WEST 633.61 FEET, TO A 5/8" IRON
ROD MARKING THE SOUTHEAST CORNER OF SAID PARCEL 1, BEING A POINT ON THE NORTHERLY LINE
OF INTERSTATE HIGHWAY NO. 5; THENCE ALONG SAID NORTHERLY LINE, NORTH 88°03'27" WEST 5,48
FEET TO A 5/8" IRON ROD, BEING THE START OF A CURVE TO THE LEFT; THENCE ALONG A 1562.40 F00T
RADIUS CURVE TO THE LEFT, THE LONG CHORD OF WHICH BEARS NORTH 70°31'58" WEST 36.50 FEET,
AND A DELTA ANGLE OF 1°20'20", A DISTANCE OF 36.50 FEET, TO THE SOUTHEAST CORNER OF PARCEL 2
OF SAID LAND PARTITION PLAT NO.93-P0340, BEING MARKED BY A 5/8" IRON ROD; THENCE LEAVING
SAID NORTH MARGIN OF INTERSTATE HIGHWAY NO. 5, AND RUNNING ALONG THE EAST LINE OF SAID
PARCEL 2, NORTH 00°28'28" EAST, 50.00 FEET TO A 5/8" IRON ROD; THENCE CONTINUING ALONG SAID
EAST LINE OF PARCEL 2, NORTH 12°20'42" WEST, 277.02 FEET TO A 5/8" IRON ROD; THENCE
CONTINUING ALONG SAID EAST LINE OF PARCEL 2, NORTH 26°19'29" WEST, 349.80 FEET, TO THE
INTERIOR ELL CORNER OF SAID PARCEL 1, BEING THE MOST NORTHERLY NORTHEAST CORNER OF SAID
PARCEL 2, BEING MARKED BY A MAG NAIL AND BRASS DISK; THENCE SOUTH 87°08'59" EAST, 259.39
FEET, RETURNING TO THE POINT OF BEGINNING.
REGISTERED
OREGON
MAY 12, 2011
DANIEL ADAM NELSON
RENEWAL DATE 12131/207b
Date flocoFac#:3v(yjl .
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CERTIFICATE OF READINESS
I hereby certify, pursuant to UTCR 5.100 as of the 2211 day of February, 2019, that:
All service requirements for service of the proposed Order or Judgment were satisfied because:
❑ Service on each counsel occurred not less than three (3) days prior to submission to
the court;
❑ Copy was served on a self -represented party not less than seven (7) days prior to
submission to the Court and with a notice of the time period when objections are due;
ZI The enclosed Order or Judgment is stipulated to and no objection exists to the
Judgment or Order;
The proposed Order or Judgment is ready for judicial signature because:
® Each party affected bythis Order orJudgment has stipulated to the Order or Judgment,
as shown by each party's signature on the document being submitted;
❑ Each party affected by this Order or Judgment has approved the Order or Judgment,
as shown by each party's signature on the documents being submitted or by written
confirmation of approval sent to me;
❑ 1 have served a copy of this Order or Judgment on each party entitled to service and:
❑ No objections have been served on me;
❑ I received objections that I could not resolve with a party despite reasonable
efforts to do so. I have filed a copy of the objections I received and indicated
which objections remain unresolved.
PAGE - S — STIPULATED GENERAL JUDGMENT
SAALFELD GRIGGS Pc
By SI JENNIFER C. PAUL
JENNIFER C. PAUL, OSB No. 104791
Email: jpaul@sglaw.com
PAULJ. SUNDERMIER, OSB No. 824078
Email: psundermier@sglaw.com
PHONE: (503) 399-1070
Fax: (503) 371-2927
Of Attornevs for Plaintiff
i
SAALFELD GRIGGS
LAWYERS
PO Box 470 SALEM OR 97308-0470 TEL: (503) 399-1070
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CERTIFICATE OF SERVICE
I hereby certify that on the 22nd day February, 2019, 1 served STIPULATED GENERAL JUDGMENT
Cynthia M. Fraser & Paul H. Trinchero
Garvey Schubert Barer PC
121 SW Morrison St., lith Floor
Portland, OR 97204
cfraser@gsblaw.com
ptrinchero@gsbiaw.com
Of Attorneys for Defendant
❑ by causing a true and correct copy to be hand -delivered to the last known address of each
person listed. It was contained in a sealed envelope and addressed as stated above.
® by electronic means through the Court's Case Management/Electronic Case File
system, which will send automatic notification of filing to each person listed above.
® by mailing a true and correct copy to the last known address of each person listed. It was
contained in a sealed envelope, with postage paid, addressed as stated above, and
deposited with the US Postal Service in Salem, Oregon.
Yj by emailing a true and correct copy to the last known email address of each person listed,
with either consent to email service or confirmation of receipt of the e-mail and all
attachment(s).
PAGE - 9 -STIPULATED GENERAL JUDGMENT
SAALFELD GRIGGS Pc
By S/ JENNIFER C. PAUL
JENNIFER C. PAUL, OSB No. 104791
Email: jpaul@sglaw.com
PAUL J. SUNDERMIER, OSB No. 824078
Email: psundermier@sglaw.com
Phone: (503) 399-1070
Fax: (503) 371-2927
Of Attorneys for Plaintiff
t1 .tc,: � r ;IvrLi; 319/dSr�
SAALFELD GRIGGS
LAWYERS
PO Box 470 SALEM OR 97308-0470 TEL: 1503)399-1070