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HomeMy WebLinkAboutDeed APPLICANT 9/16/2022RECORDING COVER SHEET(Nease print or type) ' This cover sheet was prepared by the person presenting the Instrument for recording. The infomation'on this sheet is a reflection of the attached insbument and was added for the purpose of meeting first page recording requirements In the Stale 1 of Oregon, and does NOT affet the Instrument. ORS 205.234 1 79ds.space reaerwaffor we by After recording return to: ORS 205.234(1)(c) I Recording Off— Leahy Cox LLP Lane County Clerk 188 West B. Street Bldg N Lane County Deeds & Records 2019-008928 031111201901:25:41 PM Springfield, OR 97477 RPR-TRAN Cnt=l Stn=9 CASHIER 06 11pages $55.00 $11.00 $10.00 $61.00 $137.00 1. Title(s) of the transaction(s) ORS 2as.234(1)(a) Stipulated General Judgment 2. Direct party(ies) / grantor(s) Name(s) ORS 205.234(1)(6) City of Springfield, a Municipal Corporation of the State of Oregon, acting by and through the Springfield Utility Board 3. Indirect party(les) / grantee(s) Name(s) ORS 205.234(1)(b) Alberto Miranda, ala Alberto G. Miranda 4. True and actual consideration: 5. Send tax statements to; ORS 205.234(lXe) ORS 205.234(1) Amount In dollars or other $ I Other: 6. Satisfaction of lien, order, or warrent: ( 7. The amount of the monetary obligation imposed ORS 205.234(1)(f) I by the Ilan, order, or warrant: ORS 205.234(1)(f) ❑ FULL ❑ PARTIAL i $ 2,000,000.00 & Previously, recorded doatment reference: 9. If this instrument is being re-recorded complete the following statim. ent: ORS 205.244(2) "Rere ended at the request of _ to Correct prevbusly, recorded in book and page _. , or as fee number _ 1 2 3 4 5 6 7 B 9 10 1 BCV10053 IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR THE COUNTY OF LANE CITY OF SPRINGFIELD, a Municipal Corporation of the State of Oregon, acting by and through the SPRINGFIEW UTIDTY BOARD, V. Plaintiff, aka AuiERTO G. MIRANDA, 11 11 Defendant. 12 CASE No. 19CV10053 STIPULATED GENERAL JUDGMENT 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. Sundemlier 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-S—STIPUTATEG GENERALJUD DENT SAAIFEw GRIGGS U.. PO Bm470s OR 9730&0470 TEL: I503I 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("SettfementAgreement"). 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 ofthe Settlement Agreement reflectsthe parties'settlement 15 of all issues raised or that may be raised in this action; 16 The real property described in Exhibit 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 thisjudgment is vested in fee to SUB. SUB will file the lot line 24 adjustment application within 30 daysfrom entryofjudgmentto reflect the Amended(2019)Tax 2SLot 1100; 26 The subject property as described in the attached Exhibit A (TL 1000) and Exhibit B (2019 PAGE- 2-STIPUTAM GENE"OUDGMENT SA EUD GRIGGS U. . POBm470 SUEM OR 97308-0670 T¢: (503) 3931070 I 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; SO SUB deposited the sum of $167,500.00 with the Lane County Circuit Court Clerk upon 11 filingthiscase. 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 20 21 22 23 24 25 26 The real property described in Exhibits A and B is vested in SUB in fee, but for the exceptions expressly described or referenced in the attached legal descriptions. 2. Mr. Miranda has judgment for the total amount of $2,000,000.00 of which $167,500.OD held by the Oregon Judicial Department, which sum has been disbursed by the Oregon ial Department Financial Services to Garvey Shubert Barer Client Trust Account, Attention hia M. Fraser, 121 SW Morrison Street, Portland, OR 97204-3141. SUB shall issue a check to Mr. Miranda's attorney, payable to Garvey Shubert Barer Client Trust Account, in the PAGE-3—SnPI.IWED GENEWJUUGMEW SNLLPEID GRIGGS AAHEu PO BDe 470 Su¢M OR 9]308�]0 TEc (503(3941070 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. 3 3. 6 II 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 eventthat SUB does not use it fora public purpose within 12 ten (10) years of entry of this judgment. 13 14 is 16 17 19 20 21 22 23 24 25 26 PAGE-4—STIPULATED GENERAL JUDGMENT SmLrran GaLoes 308 PO Ra�4)D SgieM OR 9]308-06]0 Tec (503(3994070 1 S. 2 The judgment sum is all-inclusive; i.e., no additional money is owed to Mr. Miranda for 3 interest, fees, expenses, costs or disbursements. 4 5 6 7 8 9 10 11 12 13 IT IS SO STIPULATED: 14 SI JENNIFER C. PAUL 15 JENNIFER C. PAUL, OSB No.104791 Email: jpaul@sglaw.com 16 Phone: 503.399.1070 Of Attorneys for Plaintiff 17 18 SUBMITTED BY: JENNIFER C. PAUL, OSB No.104791 19 Email: jpaul@sglaw.com Phone: 503.399.1070 20 Of Attorneysfor Plaintiff 21 22 23 24 25 26 PAGE - 5—STIPOIATED GENERAOUDGMENT D9Pm =WD19D 19PN RCIeHF aanonr, oYeukaDrklJWpe S/ CYNTHIA M. FRASER Cynthia M. Fraser, OSB N0.872243 Email: cfmser@gsblaw.com Phone: 503.228.3939 Of Attorneys for Defendant SAALFELD GRIGGS UAW s M B 470 SA M OR 97308-0070 Ta. (503) 399-1070 EXHIEUT"A" LEGAL DESCRIPTION TAX LOT:1000 7,TZT-7-5 Beginning at a point on the Eaeledyright of my lined the relocated U.S. Highway MD. 99 North 0' OT mon a7MSfeel Chino No. 33 in avnehp 13 Sosh, reRaw SWadof9rethe ceN�m�ii�Meddism and Sxaei running thence North SS' Sr Fsd 76,83 feet thence Nosh W OT 30' East 512.16 fed; thence South Sr SrEnd 33726 rest thence Scullin 0.27'30' Wed 724.84 fact to the Easterly line of "Id FSg!"W. Venice feeg a distance off5553.e�4l to the pace radius curve left' beggimMg, M Une County, Oragan. of which banner North O.OS Nkd - EXCEPT THEREFROM that portion lying wider the calmed right of my, In Lane County, Oregon. ALSO EXCEPT THEREFROM Out portion described In deed to 0u Side of Quipar, by and 9nough lis State Highway Commission, recorded June 12,1947, or Back 349 pages 641.642 and 543, Lane County Oregon Deed Records, In Lane Coudy, Oregon_ ALSO EXCEPT THEREFROM Out portion swathed in deed to lire Stale of Oregon, by and through lis Side Highemy Commission, recorded NovaraWS. 1961. Re oeption Na 49599. Lorre Courtly Oregon Dead Recoils, In Loo Coop. Oregon _ EXHIBIT 6 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 I OF LAND PARTITION PLAT NO. 93-P'0340, RECORDED APRIL 23, 1993, LANE COUNTY OREGON OFFICIAL RECORDS; THENCE ALONG THE EAST LINE OF SAID PARCEL 1, SOUTH 002828" WEST 633.61 FEET, TO A 5/8° IRON ROD MARKING THE SOUTHEAST CORNER OF SAID PARCEL 1, BEING A POINT ON THE NORTHERLY UNE OF INTERSTATE HIGHWAY NO. S; 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 FOOT RADIUS CURVE TO THE LEFT, THE LONG CHORD OF WHICH BEARS NORTH 7031'58" WEST 36.50 FEET, AND A DELTA ANGLE OF 120'20', A DISTANCE OF 3650 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. S, 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 UNE OF PARCEL 2, NORTH 1220'42" 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 8798'59' EAST, 259.39 FEET, RETURNING TO THE POINT OF BEGINNING. REGISTERED OREGON MAY 12, 2011 DANIELADAM NELSON NEWAL DATE, 12131/20 1 CERTIFICATE OF READINESS 2 1 hereby certify, pursuant to UTCR 5.100 as of the 22n° day of February, 2019, that: 3 All service requirements for service of the proposed Order or Judgment were satisfied because: 4 ❑ Service on each counsel occurred not less than three (3) days prior to submission to 5 the court; 6 0 Copy was served on a self -represented parry not less than seven (7) days prior to submission to the Court and with a notice of the time period when objections are due; 7 ® The enclosed Order or Judgment is stipulated to and no objection exists to the 8 Judgment or Order; 9 The proposed Order or Judgment is ready for judicial signature because: 30 ® Each partyaffetted bythis Order or Judgment has stipulatedto the Order or Judgment, as shown by each party's signature on the document being submitted; 11 ❑ 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 12 confirmation of approval sent to me; 13 0 1 have served a copy of this Order or Judgment on each party entitled to service and: 14 ❑ No objections have been served on me; 15 ❑ 1 received objections that I could not resolve with a party despite reasonable 16 efforts to do so. I have filed a copy of the objections I received and indicated which objections remain unresolved. 17 18 SAALFELD GRIGGSrc 19 By s/JFNNIFER C. PAI➢ 20 JENNIFER C. PAUL, OSB No. 104791 Email: jpaul@sglaw.com 21 PALILJ. SUNDERMIER, OSB N0.824078 22 Email: psundermler@sglaw.com PHONE: (503) 399-1070 Fax: (503) 371-2927 23 Of Attornevs for Plaintiff 24 25 26 PAGE - g — STIPUTATED GENSMOUDGME SAALFELD GRIGGS I mEn PO Bmc470 seam OR 97308-0470 TD: (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 CERTIFICATE OF SER RCE I hereby certify that on the 22nd day February, 2019, 1 served STIPUTATEDGENERAL JUDGMENT on: Cynthia M. Fraser & Paul H. Trinchero Garvey Schubert Barer PC 121 SW Morrison St., 11th Floor Portland, OR 97204 cfmser@gsblaw.com ptrinchero@gsblaw.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. ® 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). SAALFEW GRIGGS n: 8y Sl 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 Attorneys for Plaintiff -AI,,,, fas42Q seel p(t 97308-D470 TR: (503) 39 1070 rirt,rrl vumixaxneo awra wu woxuac�wxnn�maw moraic�Hu,inavnwaw