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HomeMy WebLinkAboutApplication APPLICANT 3/19/2019 (2)18CV10053 1 2 3 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. 12 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: 18 1. 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. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PAGE - 4 —STIPULATED GENERAL JUDGMENT SAALFELD GRIGGS LAWYERS PO Box 470 SALEM OR 97308-0470 TEc (503) 399-1070 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23, 24 25 26 5. 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 s,ynea. zrzWO19 02 19 PM "� 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 �'-51t`g91't�a" AI 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 . IV 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 [dill 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