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Woodard Park Associates - Condemnation ~I City of Tigard RECORDS ® New Records Transmittal Emmaw Nw Department: Public Works Division Code: 6250 Date: June 27, 2011 Prepared by: Diane Jelderks Extension: 2465 Dept. Box No. None Description Dates Retention Code ALL ONE DOCUMENT Order for Immediate Possession (Condemnation) 6/17/11 Includes: Affidavit of Harlan E.Jones in Support of Order for immediate possession. Summons Case # C11-3134CV Woodard Park Associates,LLC, Sylvan Holdings, LLC, and Phil McHugh Affidavit of Services Sylvan Holding, LLC—Sydney D. Lovely, Registered Agent Acceptance of Services as to Defendant Phil McHugh Known as Ball Property Acquisition * * *TO BE COMPLETED BY RECORDS DIVISION STAFF Laserfiche ❑Yes ❑ No Vault ❑Yes ❑ No Entered by: Date: ]/Design and Communications/Records/New Records Transmittal—1/6/11 JORDAN VIA FACSIMILE RAMISfIc June 17, 2011 ATTORNEYS AT LAW CLIENT'S COPY C. Thomas Davis 12220 SW 1 st St Beaverton OR 97005 Re: Order for Immediate Possession City of Tigard v. Woodard Park Associates, LLC; Sylvan Holdings, LLC; and Phil McHugh Washington County Circuit Court Case No. C 11-3134CV Our File No. 50014-36792.013 HARLAN E.JONES Dear Tom: Admitted In: Enclosed is a copy of the conformed Order for Immediate Possession which Oregon and Washington Judge Donald Letourneau signed this morning regarding the above- referenced matter. Sincerely, JORDAN RAMIS Pc Direct Dial (503)598-5591 \ Harlan E. Jones V\ E-mail harlan.jones@jordanramis.com Enclosure cc w/enc.: Client 50014-36792.013282127 LDOCIRMH/6//7/20!1 Two Centerpointe Drive,6th Floor,Lake Oswego,OR 97035 1 503.598.7070 phone 1 503.598.7373 fax I www.jordanramis.com 1498 SE Tech Center Place.Suite 380.Vancouver.WA 98683 1 360.567.3900 phone 1 360.567.3901 fax 1 888.598.7070 toii free CLIENT'S COPY 1 2 3 4 IN THE CIRCUIT COURT OF THE STATE OF OREGON 5 FOR THE COUNTY OF WASHINGTON 6 CITY OF TIGARD, Case No. C11-3134CV .7 Plaintiff, ORDER FOR IMMEDIATE POSSESSION 8 V. (EX PARTE) 9 WOODARD PARK ASSOCIATES, LLC; SYLVAN HOLDINGS, LLC; and PHIL 10 MCHUGH, 11 Defendants. 12 13 IT APPEARING TO THE COURT that plaintiff has filed with this Court an affidavit 14 attesting to service of Notice of Immediate Possession on defendants Woodard Park Associates, 15 LLC, Sylvan Holdings, LLC and Phil McHugh,the current owners of the property that is the 16 subject of these proceedings; 17 IT FURTHER APPEARING TO THE COURT that defendants have agreed to waive 18 their right to object within ten days after the Notice of Immediate Possession under ORS 19 35.3.52(2); 20 IT FURTHER APPEARING TO THE COURT that a deposit as required by ORS 35.265 21 in the amount of$52,500.00 is to be tendered to the Court; 22 IT FURTHER APPEARING TO THE COURT that defendants reserve the right to assert 23 any legal defenses in their answer as provided under ORS 35.352(6); and 24 25 Page 1 —ORDER FOR IMMEDIATE POSSESSION JORDAN YRAMIat aS PC AttornePO Box 230669 Portland OR 97281 Telephone:503.598.7070 Fax:503.598.7373 50014-36792.013 281346 1.DOC\RMIV6/16/2011 I IT IS HEREBY ORDERED THAT plaintiff has the right to take and exercise immediate 2 possession of such property and interests otherwise consistent with the Notice of Immediate 3 Possession and as provided under ORS 35.352. 4 1-1 5 DATED this day of June, 2011. 6 a/Donald R. Letoumeau 7 Circuit Court Judge 8 SUBMITTED BY: 9 JORDAN RAMIS Pc 10 Harlan E. Jones, OSB # 850549 Attorneys for Plaintiff City of Tigard 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 2— ORDER FOR IMMEDIATE POSSESSION JORD m yRAMIat aS PCAtto . PO Box 230669 Portland OR 97281 Telephone:503.598.7070 Fax:503.598.7373 50014-36792.013 281346 1.DOC\RMH/6/16/2011 i 1 CERTIFICATE OF SERVICE 2 I hereby certify that on the date shown below, I served a true and correct copy of the foregoing 3 ORDER FOR IMMEDIATE POSSESSION on: 4 C. Thomas Davis 12220 SW First St 5 Beaverton OR 97005 Facsimile: (503) 644-9050 6 E-mail: tom@davislawfirm.net Attorney for Defendants Woodard Park Associates, LLC, Sylvan 7 Holdings, LLC and Phil McHugh 8 9 ❑ by first class mail, postage prepaid. 10 ❑ by hand delivery. 11 ❑ by facsimile transmission. 12 XD by facsimile transmission and first class mail, postage prepaid. 13 ❑ by electronic transmission and first class mail, postage prepaid. 14 DATED: June 16, 2011. 15 Harl J nes, OS 0549 16 Atto alntiff City of Tigard 17 18 19 20 21 22 23 24 25 CERTIFICATE OF SERVICE JORDAN RAPC Attorneys att La Law PO Box 230669 Portland OR 97281 Telephone:503.598.7070 Fax:503.598.7373 50014-36792.013 281346 1.DOC\RMH%6/16/2011 1 CLIENTS CON2 3 4 IN THE CIRCUIT COURT OF THE STATE OF OREGON 5 FOR THE COUNTY OF WASHINGTON 6 CITY OF TIGARD, Case No. C11-3134CV 7 Plaintiff, AFFIDAVIT OF HARLAN E. JONES IN SUPPORT OF ORDER FOR 8 V. IMMEDIATE POSSESSION 9 WOODARD PARK ASSOCIATES, LLC; SYLVAN HOLDINGS, LLC; and PHIL 10 MCHUGH, 11 Defendants. 12 STATE OF OREGON ) ) ss. 13 County of Clackamas ) 14 1, Harlan E. Jones, being first duly sworn, depose and say: 15 1. I am one of plaintiff's attorneys. I am a member of the Oregon State Bar, and 1 16 practice law in the state of Oregon with the firm of Jordan Ramis PC. I make this affidavit based 17 upon my personal knowledge, and I am competent to testify to the matters stated in this affidavit. 18 1 make this affidavit in support of Plaintiff's Order for Immediate Possession. 19 2. The record owners of the property at issue are defendants Woodard Park 20 Associates, LLC, Sylvan Holdings, LLC, and Phil McHugh. Of record, they are collectively the 21 only owners of the property. 22 3. A copy of the Notice of Immediate Possession was served on C. Thomas Davis, 23 attorney for all defendants on June 14, 2011. 24 4. Mr. Davis, on behalf of all defendants agreed, to waive defendants' statutory 10- 25 day period to object to immediate possession of the property by plaintiff. Page 1 —AFFIDAVIT OF HARLAN E. JONES IN JOARDA eyys RAMIaSNPC SUPPORT OF ORDER FOR IMMEDIATE PO Box 230669 POSSESSION Portland OR 97281 Telephone:503.598.7070 Fax:503.598.7373 50014-36792.013 281350 I.DOC\RMH/6/16/2011 1 5. Plaintiff has tendered to the Court $52,500.00 for e true value and just 2 compensation for the acquisition of the property. 3 Dated this 16th day of June, 2011. Har . Jones, OSB 0549 5 6 SUBSCRIBED AND SWORN to before me this da f June, 2011, by Harlan E. Jones. 7 8 OFFICIAL SES NOTARY PUBLIC FOR OREGON 9 PuBu NOTARYcEGON My Commission Expires COMMISSION N0.423011 10 MY COMMISSION EXPIRES NOV.2,2011 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PC Page 2—AFFIDAVIT OF HARLAN E. JONES IN JOARDA ttoreys at Law SUPPORT OF ORDER FOR IMMEDIATE PO Box 230669 POSSESSION Portland OR 97281 Telephone:503.598.7070 Fax:503.598.7373 50014-36792.013 281350 1.DOC\PMH/6/16/2011 1 CERTIFICATE OF SERVICE 2 I hereby certify that on the date shown below, I served a true and correct copy of the foregoing 3 AFFIDAVIT OF HARLAN E. JONES IN SUPPORT OF ORDER FOR IMMEDIATE 4 POSSESSION on: 5 C. Thomas Davis 12220 SW First St 6 Beaverton OR 97005 Facsimile: (503) 644-9050 7 E-mail: tom@davislawfirm.net Attorney for Defendants Woodard Park Associates, LLC, Sylvan 8 Holdings, LLC and Phil McHugh 9 10 ❑ by first class mail, postage prepaid. 11 ❑ by hand delivery. 12 ❑ by facsimile transmission. 13 FXJ by facsimile transmission and first class mail, postage pr aid. 14 ❑ by electronic transmission and first class mail, postage repaid. 15 DATED: June 16, 2011. 16 arlan . Jones 850549 17 or Plaintiff City of Tigard 18 19 20 21 22 23 24 25 CERTIFICATE OF SERVICE ]oR Pc Attoorneme yss aat t LLaaw PO Box 230669 Portland OR 97281 Telephone:503.598.7070 Fax:503.598.7373 50014-36792.013 281350 1.DOC\RMH/6/16/2011 JORDAN June 16, 2011 CUNI'S CON ATTORNEYS AT LAW Circuit Court Administrator Washington County Circuit Court Clerk 150 N First Avenue Hillsboro OR 97124 Re: Proof of Service Documents City of Tigard v. Woodard Park Associates, LLC; Sylvan Holdings, LLC; and Phil McHugh Washington County Circuit Court Case No. C 11-3134C V Our File No. 50014-36792.013 Dear Circuit Court Administrator: HARLAN E.JONES Enclosed for filing are the following documents: Admitted In: Oregon and Washington 1. Summons and Affidavit of Service as to defendant Woodard Park Associates, LLC; 2. Summons and Affidavit of Service as to defendant Sylvan Holdings, LLC; and 3. Summons and Acceptance of Service as to defendant Phil McHugh. Direct Dial (503) 598-5591 After filing these documents, please complete and return the enclosed confirmation card. E-mail harlan.jones@jordanramis.com Thank you for your assistance. Sincerel , JORD N RAMIS Pc 1 Harla . Jones Enclosur cc w/enc.: Client 50014-36792.013 281517 LDDC CMH/6//6/20/1 Two Centerpointe Drive,6th Floor,Lake Oswego,OR 97035 1 503.598.7070 phone 1 503.598.7373 fax I www.jordanramis.com 1498 SE Tech Center Place,Suite 380,Vancouver,WA 98683 1 360.567.3900 phone 1 360.567.3901 fax 1 888.598.7070 toll free IN THE CIRCUIT COURT OF THE STATE OF OREGON CT'S CON FOR THE COUNTY OF WASHINGTON s' � ,w CITY OF TIGARD, Case No. C1 I � 3 1 cc,3 ° Plaintiff, SUMMONS V. WOODARD PARK ASSOCIATES,LLC; SYLVAN HOLDINGS,LLC; and PHIL MCHUGH, Defendants. TO: Jerry Mason Registered Agent for Woodard Park Associates, LLC 6823 SE Canyon Rd Portland OR 97225 IN THE NAME OF THE STATE OF OREGON: You are required to appear and to defend against the Complaint filed against you in this case within thirty(30)days from the date of service of this Summons upon you. If you fail to appear and to defend,plaintiff will apply to the Court for the relief demanded in the Complaint. NOTICE TO DEFENDANT : READ THESE PAPERS CAREFULLY! You must"appear"in this case or the other side will win automatical To"appear"you must file with the Court a legal paper called a"motion"or"answer." The"motion"or"answer" st be given to the Court Clerk or Administrator within thirty(30)days along with the required filing fee. It must be in p per form and have proof of service on the plaintiff's attorney or, if the plaintiff does not havean attorney,proof of se ice on the plaintiff. If you have questions,you should see an attorney immediately. you need help in fmdin orney,you may call the Oregon State Bar's Lawyer Referral Service at(503)684-3763 r toll-free in Orego 00)452-7636. ar E.Jo es,OS Of r laintiff I certify that I have prepared this copy of Summons and that I have tte efully compared this copy with the original. I further certify that this is a true,exact,complete and correct copy oigmal. The post office address at which papers in this action may be served upon plaintiff by mail is: c/o Jordan Sader is PC,Two Centerpointe Dr,6`"Flr,Lake Oswego,OR 97035,(503) 598-7070. DATED this day of ,2011. Harlan E.Jones,OSB# 850549 Of Attorneys for Plaintiff SUMMONS 50014-36792.013 269739 I.DOCIRMH/6/3/2011 AFFIDAVIT OF SERVICE State of Oregon County of Washington Circuit Court Case Number: C113134CV Plaintiff: CLIENTS CON City of Tigard, vs. Defendant: Woodard Park Associates, LLC; Sylvan Holdings, LLC; and Phil McHugh, Received by RUSH PROCESS SERVICE, INC. to be served on Woodard Park Associates, LLC % Jerry Mason, Registered Agent, 6823 SW Canyon Rd., Portland, OR 97225. I, Herman Garcia, being duly sworn, depose and say that on the 9th day of June,2011 at 3:49 pm, I: Served the within named corporation by delivering a true copy of a Summons; Complaint In Eminent Domain by personal service upon Marjorie Poon,Accounting Clerk who is authorized to accept service on behalf of the registered agent. I am a competent person over 18 years of age and a resident of the State of Oregon; I am not a party to nor an officer, director or employee of, nor attorney for any party. The entity/person served by me is the same entity/person named in the action, corporate or otherwise, and I know that the person, firm or corporation served is the identical one named in the action. IL Subscribed a Swo n to before me on the 16th day Herman Garcia of June, 29,1. Process Server RUSH PROCESS SERVICE, INC. ,1NOTARY PUBL 2014 N.E. Sandy Blvd., Suite 204 Portland, OR 97232 OFFICIAL SEAL (503) 232-3667 DONEVAY CURDY NOTARY PUBLIC-OREGON Our Job Serial Number: SKS-2011007669 COMMISSION NO.458459 Ref: 50014-36792.013 MY COMMISSION EXPIRES MAY 18,2015 Copyright©1992-2011 Database Services,Inc.-Process Server's Toolbox V6.4t IN THE CIRCUIT COURT OF THE STATE OF OREGON CLIENTS CON FOR THE COUNTY OF WASHINGTONC 11 — c��7 1 c3¢� 4 C V CITY OF TIGARD, Case No. l� Plaintiff, SUMMONS V. WOODARD PARK ASSOCIATES,LLC; SYLVAN HOLDINGS,LLC; and PHIL MCHUGH, Defendants. TO: Sydney D. Lovely Registered Agent Sylvan Holdings, LLC 19300 SW Heightsview Dr Beaverton OR 97007 IN THE NAME OF THE STATE OF OREGON: You are required to appear and to defend against the Complaint filed against you in this case within thirty(3 0)days from the date of service of this Summons upon you. If you fail to appear and to defend,plaintiff will apply to the Court for the relief demanded in the Complaint. NOTICE TO DEFENDANT : READ THESE PAPERS CAREFULLY ! You must"appear"in this case or the other side will win automatically. To"appear"you must file with the Court a legal paper called a"motion"or"answer." The"motion"or"answer"must be given to the Court Clerk or Administrator within thirty(30)days along with the required filing fee. It must be in proper form and have proof of service on the plaintiff's attorney or, if the plaintiff does not have an attorney,proof of rice on the plaintiff. If you have questions,you should see an attorney immediate . If you need help in finding an attorney,you may call the Oregon State Bar's Lawyer Referral Service at(503)684-37 3 or toll-free in Oregon at(800)452-7636. ar SB# 850549 neys for Plaintiff I certify that I have prepared this copy of Summons and that I ave carefully compared this copy with the original. I further certify that this is a true,exact, complete and correct co of the original. The post office address at which papers in this action may be served upon plaintiff by mail is: c/o Jordan chrader Ramis PC,Two Centerpointe Dr,6h Flr,Lake Oswego,OR 97035,(503)598-7070. DATED this day of ,2011. Harlan E.Jones,OSB# 850549 Of Attorneys for Plaintiff SUMMONS 50014-36792.013 269746 I.DOC"H/6/3/2011 AFFIDAVIT OF SERVICE State of Oregon County of Washington Circuit Court Case Number: C113134CV €r Plaintiff: ' City of Tigard, VS. Defendant: Woodard Park Associates, LLC; Sylvan Holdings, LLC; and Phil McHugh, Received by RUSH PROCESS SERVICE, INC. to be served on Sylvan Holdings, LLC% Sydney D. Lovely, Registered Agent, 19300 SW Heightsview Dr., Beaverton, OR 97007. I, Leta Spiger, being duly sworn, depose and say that on the 11th day of June, 2011 at 3:28 pm, I: Served the within named corporation by delivering a true copy of the Summons; Complaint In Eminent Domain personally and in person to Sydney Lovely, Registered Agent who is the Registered Agent. I am a competent person over 18 years of age and a resident of the State of Oregon; I am not a party to nor an officer, director or employee of, nor attorney for any party. The entity/person served by me is the same entity/person named in the action, corporate or otherwise, and I know that the person, firm or corporation served is the identical one named in the action. /lam Subscribed an wo to before me on the 16th day Le�Spig�er �� of June, 201 Process Server RUSH PROCESS SERVICE, INC. NOTARY 2014 N.E. Sandy Blvd., Suite 204 Portland, OR 97232 AL SE AL (503)232-3667 CURDY Our Job Serial Number: SKS-2011007668 gim OREGON Ref: 50014-36792.013 .458459 MAY 18,2015 Copyright©1992-2011 Database Services,Inc.-Process Server's Toolbox V6.4t IN THE CIRCUIT COURT OF THE STATE OF OREGO E ��py U[NIT'S FOR THE COUNTY OF WASHINGTON CITY OF TIGARD, Case No. Plaintiff, SUMMONS CII — 31 3 4 C 1! �T V. 1, cJ !✓ WOODARD PARK ASSOCIATES,LLC; SYLVAN HOLDINGS,LLC; and PHIL MCHUGH, Defendants. TO: Phil McHugh 5719 SW Seymour Portland OR 97221 IN THE NAME OF THE STATE OF OREGON: You are required to appear and to defend against the Complaint filed against you in this case within thirty(30)days from the date of service of this Summons upon you. If you fail to appear and to defend,plaintiff will apply to the Court for the relief demanded in the Complaint. NOTICE TO DEFENDANT : READ THESE PAPERS CAREFULLY! You must"appear"in this case or the other side will win automatically. To"appear"you must file with the Court a legal paper called a`.`motion"or"answer." The"motion"or"answer"must be given to the Court Clerk or Administrator within thirty(3 0)days along with the required filing fee. It must be in proper rm and have proof of service on the plaintiff's attorney or,if the plaintiff does not have an attorney,proof of service n the plaintiff. If you have questions,you should see an attorney immediately. If y u need help in f nding an attorney,you may call Oregon State Bar's Lawyer Referral Service at(503)684-3763 or 11-free in Oregon at(800)452-7636 Harlan E. n60attiff 0549 Of Attorne s I certify that I have prepared this copy of Summons and that I ha a carefully compared this copy with the original. I further certify that this is a true, exact,complete and correct copy f the original. The post office address at which papers in this action may be served upon plaintiff by mail is: c/o Jordan ader Ramis PC,Two Centerpointe Dr,6h Flr,Lake Oswego,OR 97035,(503)598-7070. DATED this day of ,2011. Harlan E.Jones,OSB# 850549 Of Attorneys for Plaintiff SUMMONS 50014-36792.013269748_1.DOC ZMH/6/3/2011 C'_iENT'S COPY 1 2 3 4 IN THE CIRCUIT COURT OF THE STATE OF OREGON 5 FOR THE COUNTY OF WASHINGTON 6 CITY OF TIGARD, Case No.CI 1-3134CV 7 Plaintiff, ACCEPTANCE OF SERVICE AS TO DEFENDANT PHIL MCHUGH 8 V. 9 WOODARD PARK ASSOCIATES,LLC; SYLVAN HOLDINGS, LLC; and PHIL 10 MCHUGH, 11 Defendants. 12 13 I, C. Thomas Davis, attorney at law, on behalf of defendant Phil McHugh,hereby accept 14 service of a true copy of the Summons and Complaint in the above-entitled matter and represent 15 that I am authorized to do sjW 16 Dated this k/ day of June, 2011. /+ 17 By. y/ C. Thomas Davis, OSB# 812037 18 19 20 21 22 23 24 25 PagePa1 ACCEPTANCE OF SERVICE AS TO JORDAN RAMIS PC — Attorneys at Law DEFENDANT PHIL MCHUGH PO Box 230669 Portland OR 97281 Telephone:503.598.7070 Fax:503.598.7373 50014-36792.013 280292 I.DOC\RMH/6/13/2011 1 2 3 4 IN THE CIRCUIT COURT OF THE STATE OF OREGON 5 FOR THE COUNTY OF WASHINGTON 6 CITY OF TIGARD, Case No. C11-3134CV 7 Plaintiff, ORDER FOR IMMEDIATE POSSESSION 8 V. (EX PARTE) 9 WOODARD PARK ASSOCIATES, LLC,- SYLVAN LC;SYLVAN HOLDINGS, LLC; and PHIL 10 MCHUGH, 11 Defendants. 12 13 IT APPEARING TO THE COURT that plaintiff has filed with this Court an affidavit 14 attesting to service of Notice of Immediate Possession on defendants Woodard Park Associates, 15 LLC,Sylvan Holdings, LLC and Phil McHugh,the current owners of the property that is the 16 subject of these proceedings; 17 IT FURTHER APPEARING TO THE COURT that defendants have agreed to waive 18 their right to object within ten days after the Notice of Immediate Possession under ORS 19 35.352(2); 20 IT FURTHER APPEARING TO THE COURT that a deposit as required by ORS 35.265 21 in the amount of$52,500.00 is to be tendered to the Court; 22 IT FURTHER APPEARING TO THE COURT that defendants reserve the right to assert 23 any legal defenses in their answer as provided under ORS 35.352(6); and 24 25 Page 1 —ORDER FOR IMMEDIATE POSSESSION JOARDm yRAMIaS`PC ttoPO Box 230669 Portland OR 97281 Telephone:503.598.7070 Fax:503.598.7373 50014-36792.013 281346 1.DOCIRMW6/16/2011 1 IT IS HEREBY ORDERED THAT plaintiff has the right to take and exercise immediate 2 possession of such property and interests otherwise consistent with the Notice of Immediate 3 Possession and as provided under ORS 35.352. 4 5 DATED this day of June, 2011. 6 7 Circuit Court Judge 8 SUBMITTED BY: 9 JORDAN RAMIS Pc 10 Harlan E. Jones, OSB # 850549 11 Attorneys for Plaintiff City of Tigard 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 2—ORDER FOR IMMEDIATE POSSESSION J RD DAN amt Law o PO Box 230669 Portland OR 97281 Telephone:503.598.7070 Fax:503.598.7373 50014-36792.013 281346_1.DOC\RMW6/16/2011 I CERTIFICATE OF SERVICE 2 I hereby certify that on the date shown below, I served a true and correct copy of the foregoing 3 ORDER FOR IMMEDIATE POSSESSION on: 4 C. Thomas Davis 12220 SW First St 5 Beaverton OR 97005 Facsimile: (503)644-9050 6 E-mail: tom@davislawfirm.net Attorney for Defendants Woodard Park Associates, LLC, Sylvan 7 Holdings,LLC and Phil McHugh 8 9 ❑ by first class mail,postage prepaid. 10 ❑ by hand delivery. 11 ❑ by facsimile transmission. 12 x❑ by facsimile transmission and first class mail,postage prepaid. , 13 ❑ by electronic transmission and first class mail, postage prep 14 DATED: June 16, 2011. 15 Harla4,K J es, OS 0549 16 Attontiff City of Tigard 17 rey4r 18 19 20 21 22 23 24 25 CERTIFICATE OF SERVICE JORDAN RAMIS PC Attorneys at Law PO Box 230669 Portland OR 97281 Telephone:503.598.7070 Fax:503.598.7373 50014-36792.013 281346 LDOMMH/6A 2011 I