HomeMy WebLinkAbout010 96COUNTY OF JEFFERSON
STATE OF WASHINGTON
In the Matter of Authorization to the )
Jefferson County Prosecuting Attomey )
on behalf of Jefferson County to enter into )
SETTLEMENT AGREEMENT AND RELEASE )
in Court of Appeals, Cause No. 18500-8-11, )
Friends of Pvlali Ppint v. )
~l~fferson County, Pvlali Ppint Partners, et al., )
RESOLUTION NO.
10 -96
WHEREAS, a stipulated Settlement and Release was negotiated among the parties to this
action, which sought review of the decision of the Honorable.Judge William Howard of the Jefferson
CounW Superior Court in the matter of Friend8 of Pulali Point v. Jefferson County, et al, Court of
Appeals Cause No. 18500-8-11; which affirmed the county's position granting a large lot subdivision
for Pulali Point partners; and
WHEREAS, the Jefferson County Director of Community Development and Deputy Director of
Public Services, have reviewed the proposed Settlement and Release and has advised the Prosecutor
that the proposed Settlement is within the scope of the original approved findings, now, therefore,
BE ITHEREBY RESOLVED, that the Jefferson CounW Board of Commissioners recommend that
the Jefferson County Prosecuting Attorney's Office enter into a stipulated Settlement and Release,
attached hereto as Exhibit "A", dismissing this matter.
APPROVED AND SIGNED this ~ day of January, 1996.
%1
Lorna L. Delaney,
Clerk of the Board
J EFFE~SON-~O~TY /x
//
~Member
21ON APPROVED AS TO FORM:
'l~avid Skeen,
Prosecuting Attorney
(Excused Absence)
Glen Huntingford, Member
Director of Community Development
ROBERT F. BAKEMEIER
TWO UNION SQUARE
~01 UNION STREET
SEATTLE, WA 98101
pROSECUTING
January 10, 1996
VIA FAX
David S. Mann
Bricklin & Gendler
1424 Fourth Avenue, Suite 1015
Seattle, WA 98101
Re: Friends of Pulali Point v. Jefferson Coun _ty, et al.
Dear David:
Transmitted with this letter is a proposed Settlement
Agreement which effectuates the proposal contained in your letter dated
December 27, 1995. It includes a proposed form of motion for dismissal
of the appeal. You will note that we request that the members of the
Friends group be identified in the signature block, to clarify that all
individuals will be bound by the agreement.
I telephoned Paul Mcllrath at Jefferson County on Monday,
to inform him of the developments. He believes that Jefferson County
should be a party to the settlement. Accordingly, by copy of this letter, I
transmit the proposed Settlement Agreement to him for review.
Please note that I am distributing the proposed Settlement
Agreement to the Partners with this letter. While I do not expect any
significant modifications, it is conceivable that someone might have some
suggested revisions. I have asked them to submit any comments to me by
Monday, January 15, 1996.
EXHIBIT A
David S. Mann
January 10, 1996
Page 2
I suggest that we confer by telephone at your earliest
convenience. We look forward to resolving this matter.
Very truly yours,
Robert F. Bakemeier
Enclosures
cc: Paul E. Mcllrath (via fax)
All Pulali Point Partners
~ETTLEMENT AGREEMENT AND RELEAS~
This Settlement Agreement And Release (the "Agreement,,)
is entered into this day of January, 1996, by THE FRIENDS OF
PULALI POINT (the "Fre~s,,), JEFFERSON COUNTY (the "County,,),
and PULALI POINT PARTNERS (the "Partners")(all three collectively
referred to in this Agreement as the "Parties,,).
This Agreement is premised upon the following facts:
A. The Partners own approximately forty-acres of land
on Pulali Point in Jefferson County (the "Property,,).
B. The Partners have voluntarily entered into a
Conservation Agreement amongst themselves, that imposed certain
restrictions upon the Partners, use of the Property. The
Partners have voluntarily entered into a Bald Eagle Management
Plan with the State of Washington that applies to the Property.
C. The Partners applied to the County to subdivide the
Property into a Large Lot Subdiyision pursuant to application
number LL02-92.
D. On July 8, 1993, the County issued a Final
Mitigated Determination of Nonsignificance ("MDNS,,) under the
State Environmental Policy Act for application number LL02-92.
E. The Friends and the Partners respectively filed
appeals of the MDNS to the County Board of Commissioners.
F. After public hearing by the County Board of
Commissioners, on November 1, 1993, the County issued an Addendum
Modifying the MDNS which stated, ~D-~D_/~, that application
number LL02-92, as mitigated "was not likely to result in
S' ° '
lgnlficant adverse environmental impacts.,,
G. On November 18, 1993, the County issued a Large Lot
Subdivision Summary Approval for application number LL02-92.
H. On December 17, 1993, the Friends filed in the
Superior Court for Jefferson County (the "Superior Court,,) a
Petition for Writ of Review and related papers that challenged
the County,s action~ regarding the Property and application.'
number LL02-92. That litigation was captioned Friends of Pulal]
1
r~t~,~
Point v. Jefferson County. Pulali Point Partners. et al., Civil
Action No. 93-2-00405-1.
I. On February 3, 1994, the Superior Court entered an
Order for Issuance of Writ of Review and Setting Hearing
Schedule, and a Writ of Review.
J. After the submission of the Return of Writ,
briefing, and oral argument, on July 13, 1994, the Superior Court
entered a Final Judgment Affirming Actions of Jefferson County
Regarding Application of Pulali Point Partners for Large Lot
Subdivision, and a Memorandum Opinion. The Superior Court
affirmed the actions of Jefferson County "because no clear error
by Jefferson County has been established, because no specific,
probable, significant, adverse environmental impacts have been
established, and because substantial evidence supports the
actions, of Jefferson County."
K. On August 10, 1994, the Friends filed a Notice of
Appeal to Court of Appeals, Division II, seeking review of the
Superior Court's Final Judgment and Memorandum Opinion. That
litigation was captioned Friends of Pulali Point v. Jefferson
county, Pulali Point Partners, et al., Action No. 18500-8-II (the
"Appeal"). After briefing to the Court of Appeals, the case was
scheduled for oral argument on January 30, 1996.
L. The Parties to this Agreement desire to settle all
claims which were asserted, or could have been asserted in the
above-referenced proceedings, lawsuits, and appeals, including
those arising from the County's.actions regarding the Property
and application number LL02-92.
NOW, THEREFORE, in consideration of the foregoing facts
and the mutual covenants contained in this Agreement, the Parties
agree as follows:
1. The Partners shall amend the Conservation Agreement
to provide that all renters (if any) will be subject to the terms
of the Conservation Agreement and the Eagle Management Plan.
2. The Partners shall designate a contact person by
providing that person's name, address and telephone number to
counsel for the Friends.
3. The Friends shall designate a contact person
providing that person's name, address and telephone number to
counsel for the Partners.
4. Representative(s) of the Partners and
representative(s) ~f the Friends shall have a meeting during the
spring or summer of 1996 to exchange information at a mutually
agreeable time and place to be determined by their respective
contact persons.
5. Concurrent with the execution of this Agreement,
the Friends, by and through its counsel, shall file with the
Court of Appeals, Division II, a Motion for Dismissal With
Prejudice, providing for the dismissal with prejudice of the
Appeal in its entirety, in the form attached to this Agreement as
Exhibit A. Each party will be responsible for its own fees and
costs.
6. In consideration Of the mutual promises contained
in this Agreement, the Friends (and all of its members,
representatives, heirs, successors, and assigns) hereby release
and forever discharge the County and the Partners (including the
partnership, all-partners, representatives, heirs, successors,
and assigns) from all claims, demands, rights, actions, causes of
action or suits of any kind or nature, whether presently known or
unknown, which may have arisen or hereafter arise, on account of
or in any way related to the Countyts actions regarding the
Property and application number LL02-92.
7. This Agreement constitutes a single integrated
contract expressing the entire agreement of the Parties. There
have been no other representations or agreements, whether oral or
written, in regard to this Agreement or its subject matter. If
any provision of this Agreement is held invalid, it shall be
considered severable from the remainder, and the remaining
provisions shall be given full force and effect.
8. The terms and conditions of this Agreement shall be
binding on and shall inure to the benefit of the Parties and
their respective members, representatives, heirs, successors, and
assigns.
9. The Parties acknowledge that the terms of this
Agreement were reached after bargaining and negotiation and have
been reviewed by and discussed with their own respective counsel.
The Parties further, agree that this Agreement shall not be
construed in favor of or against any party. The undersigned
warrant and represent that they have complete and proper
authority to execute this Agreement on behalf of the Parties,
that they have read this Agreement and understand it contents,
and that any and all necessary minutes and resolutions
authorizing the Parties to enter into this Agreement and to
undertake its actions, terms, conditions, and covenants have been
duly made and approved.
10. T~is Agreement expresses the full and complete
settlement of all-claims related to the Property made or
contemplated by the Friends (and its members, representatives,
heirs, successors, and assigns) against the County and the
Partners. The County and the Partners expressly deny the
validity of the claims which have been asserted by the Friends.
11. This Agreement gives rise to no rights or
obligations whatsoever, express or implied, other than those
expressly set forth in this Agreement. Without limiting the
foregoing, this Agreement gives rise to no rights whatsoever
vested in the Friends (including its members, representatives,
heirs, successors, and assigns) related in any way to the
Property, the Conservation Agreement, or the Bald Eagle
Management Plan.
12. This Agreement may be executed in counterparts and
each executed counterpart shall have the same force and effect as
an original instrument, as if all Parties to all the counterparts
had signed the same instrument.
FRIENDS OF PULALI POINT
[Davi4--list names of
By.
Its
all members]
JEFFERSON COUNTY
By.
Its
PULALI POINT PARTNERS
By,
Its
V01_
IN THE COURT OF APPEALS
OF THE STATE OF WASHINGTON
DIVISION II
FRIENDS OF PULALI POINT, )
)
Appellant, )
)
v. )
)
JEFFERSON COUNTY; )
PULALI POINT PARTNERS; )
and JOHN and JANE DOES, 1-20, )
)
Respondents. )
)
NO. 18500-8-II
MOTION TO DISMISS
WITH PREJUDICE
Pursuant to Rule 18.2 of the Rules of
Appellate Procedure, Appellant Friends of Pulali
Point hereby moves the Court for an order
dismissing the above-captioned appeal in its
entirety with prejudice and without any award of
fees and costs. As indicated below, the
Respondents have no objection to this motion. It
should be noted that oral argument on the merits
of the above-captioned case has been set for
EXHIBIT A
Tuesday, January 30, 1996, at 11:00 a.m., and
should be cancelled.
DATED this day of January, 1996.
Respectfully submitted,
BRICKLIN & GENDLER
By:
David S. Mann,
WSBA No. 21068
Attorneys for Appellants
Respondents, JEFFERSON COUNTY
and PULALI POINT PARTNERS,
have no objection to this motion.
JEFFERSON COUNTY
By:
Paul E. McIlrath, WSBA #16376
Jefferson County Prosecutor
Attorney for Respondent Jefferson County
PULALI POINT PARTNERS PRO SE
By:
Robert F. Bakemeier, WSBA #12574
Roger Myklebust, WSBA #4815
Pro Se for Respondent Pulali Point Partners
jiI~N-1E~-Ei6 !0:z~8 F~OI~I;IBOCLES, CAT£S
BOGLE & GATES P,L,L,C,
I D: 20~SIS2 ! 2660
Two Union Square
601 Union Street
Law Offices Seattle, Washington 98101-2346
(206) (,SZ-SISl
Fax: (206) 621.2660
SEATTLE/47#5
Date: January 16, 1996
Total Pages (Including Cover Page): 9
PAGE 1/~
The information contained in this transmission is attorney privileged and confidential. It is intended
only for the use of the individual(s) or entity(ies) named below. IF THE READER OF THIS MESSAGE
IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT'YOU ARE NOT
AUTHORIZED TO REVIEW THE FOLLOWING PAGES AND THAT ANY DISSEMINATION,
DISTRIBUTION OR COPY OF TfHS COMMUNI~TION IS STRIPY PROI-rlRtTED. If you have
received this communication in error, please notify us immediately by telephone collect and return the
original message to us at the above address via the U.S. Postal Serv/ce. We will reimburse you for
postage. Thank you.
RECIPIENT(S):
To: Paul E. Mcllrath
Jefferson County Pros. Attny.
Sender- Robert F. Bakemeier
Secretary- Charlene Finnelly
Client/SMatter N-tuber- 99992/00001
ADDITIONAL MESSAGE:
Fax No. : 360-385-0073
Conf. No.: 360-385-9180
Phone- 206-621-1412
Phone- 206-442-6996
Client/Matter Name- RFB/Pulali Point
Original To Follow
Floor- 51
Floor- 51
..... '"' ~ tOSNgy
IF ANY PAGES ARE NOT LEGIRLE OR YOU DO NOT RECEIVE ALL THE PAGES,
PLEASE CONTACT OUR OPERATOR AS SOON AS POSSIBLE AT (206) 621-1541.
JAN-16-96 1~:48 FROM:BOGLE&GATES SEATTLE/4?#5 ID;2066212BBO PAGE 2/9
T~O ~ S~U~
January 16, 1996
VIA HAND DELIVERY
David S. Mann
Bncklin & Oendler
1424 Fourth Avenue, Suite 1015
S~attle, WA 98101
VIA FAX AND OVERNIGHT
Paul E. McIlrath
Jefferson County Prosecuting Attorney
Jefferson County Courthouse
P.O. Box 1220
Port Townsend, WA 98368
Re: Friends of Pulali Point v. Jefferson Coun .ty, et.. al.
Dear David and Paul:
I have discussed with you both the revisions made to the
~af-t Settlement Agreement. In particular, paragraphs L~ 6, and 10 have
been rev/se& David and I have agreed upon the language by telephone,
and therefore I believe that the agreement is ready for execution by ail
three paxties.
I understand that David will be working with his client to
designate one person authorized to bind the entire group of Friends.
David, enclosed you will find a copy of the final agreement for execution
by the Friends. In addition, enclosed you will find an original Motion for
Dismissal for your signature and filing. I have signed it for the Partners.
Paul has indicated that David is authorized to sign it on his behalf. Then,
David can file the Motion, accomplish the dismissal, and work with the
Clerk to strike the oral argument from the Court's calendar.
David S. Mann
Paul E. McIkath
January 16, 1996
Page 2
I understand that Paul has been working to obtain the
approval and resolution necessary tO execute the agreement for the
County. Paul, I am faxing you a copy of the final agreement in order'to
facilitate your efforts. A hard copy will follow by overnight mail for the
County's execution.
To simplify matters, I suggest that the three parties execute
the agreement by counterparts. Please send me the original signature
pages, and I shall then transmit the complete document, with copies of all
signature pages, to each of you.
If you have any quest/om, please call me at (206) 621-1412.
Very truly yours,
Robert F. Bakemeier
Enclosures
cc: All Pulah Point Partners (w/enc.)
O~N-16-BB 1~;4~ FRO~;BOGLE&G~TES SEATTLE/4?#5
ID:2066212660 P~GE 4/~
SETTLEME~T ~GREEMENT AND RE,LEA$~
This Settlement A~reement And Release (the "Agreement")
is entered into this~ day of January, 1996, by THS FRIEIqDS OF
PULALI POINT (the "Friends"), JEFFERSON COUNTY (the "County"),
and PULALI POINT PARTNERS (the "Partners")(all three collectively
referred to in this A~reement as the "Parties").
This Agreement is premised upon the following facts:
A. The Partners own approximately forty-acres of land
on Pulali Point in Jefferson County (the "Property").
B. The Partners have voluntarily entered into a
Conservation A~reement amongst themselves, that imposed certain
restrictions upon the Partners' use of the Property. Th~
Partners have voluntarily entered into a Bald Eagle Management
Plan with the S~ate of washington that applies to ~he Property.
C. The Partners applied to the County to subdivide the
Property into a Large Lot Subdivision pursuant to application
number LL02-92.
D. On July 8, 1993, the County issued a Final
Mitigated Determination of Nonsignificance ("MDNS") under the
State Environmental Policy Act for application number LL02-92.
~. The Friends and the Partners respectively filed
appeals o~ ~he M~NS to the County Board o~ Commissioners.
F. After public hearing by the County Board of
Co~issioners, on November 1, 1993, the County issued an Addendum
Modifying the MDNS which stated, inter ali~, that application
number LL02-92, as mitigated, "was not likely to result in
signific~n~ adverse environmental impacts."
G. On November 18, !993, the County issued a Large Lot
Subdivision Summary Approval for application number LL02-92.
H. On December 17, 1993, the Friends filed in the
Superior Cour~ for Jefferson County (the "Superior Court") a
Petition for Writ of Review and related papers that challenged
the County's actions re~arding the Property and application
number LL02-92. That litigation was captioned Friends Of Pulal~
?oint v. Jef.~erson Court,v, Pulali Point Partners, et al., Civil
Action NO. 93-2-00405-1.
SETTLEMENT AGREEMENTA~D
RELEASE -- PULALI POINT
~N-18-98 18:49 FROM:8OGLE&GhTE$ SEhTTLE/47#5 ID:2088212880 PRGE 5/9
I. On February 3, 1994, the Superior Court entered an
Order for Issuance of Writof Review and Setting Hearing
Schedule, and a Writ of Review.
J. After the submission of the Return of Writ,
briefing, and oral argument, on July 13, 1994, the Superior Court
entered a Final Judgment Affirming Actions of Jefferson County
Regarding Application of Pulali Point Partners for Large Lot
Subdivision, and a Memorandum Opinion. The Superior Court
affirmed the actions of Jefferson County "because no clear error
by Jefferson County has been established, because no specific,
probable, significant, adverse environmental impacts have been
established, and because substantial evidence supports the
actions of Jefferson County."
K. On August 10, 1994, the Friends filed a Notice of
Appeal to Court of Appeals, Division II, seeking review of the
Superior Court's Final Judgment and Memorandum Opinion. That
litigation was captioned ~iends of Pulal~. Point v. Jefferson
County, Pu!~!i Point Partners, ~%..a!., Action NO. 18500-8-II (the
"Appeal"). After briefing to the Court of Appeals, the case was
scheduled for oral argument on January 30, 1996.
L. The Parties to this Agreement desire to settle all
claims which were asserted, or could have been asserted in the
above-referenced proceedings, lawsuits, or appeals_
NOW, THEREFORE, in consideration of the foregoing facts
and the mutual covenants contained in this Agreement, the Parties
agree as follows:
1. The Partners shall amend the Conservation Agreement
to provide that all renters (if a~y) ~ll-.be-..sub~t-~o~.~he terms
of the Conservation Agreement and t~Eag!e Management Pi~
2. The Partners shall desighate a~.-~on by
providing that person's name, address and telephone number to
counsel for the Friends.
3. The Friends shall 'designate a contact person
providing that person's name, address and telephone number to
counsel for the Partners.
4. Representative(s) of the Partners and
representative(s) of the Friends shall have a meeting during the
spring or summer of 1996 to exchange information at a mutually
agreeable time and place to be determined by their respective
contact persons_
SETTLEMENT AGREEM~NTAND
RELEASE -- PULALI POINT
JAN-16-9~ 10;5~ F~O~;BOGLE&G~TES SE~TTLE/4?#5 ID;20662126~0 P~GE 6/~
5. Concurrent with the execution of this Agreement,
the Friends, by and through its counsel, shall file with the
Court of Appeals, Division II, a Motion for Dismissal With
Prejudice, providing for the dismissal with prejudice of the
Appeal in its entirety, in the form attached to this Agreement as
Exhibit A. Each party will be responsible for its own fees and
costs.
6. In consideration of the mutual promises contained
in this Agreement, the Friends (and all of its members,
representatives, heirs, successors, and assigns) hereby release
and forever discharge the County and the Partners (including the
partnership, all partners, representatives, heirs, successors,
and assigns) from all claims, demands, rights, actions, causes of
action or suits of any kind or nature, whether presently known or
unknown, that arose, may have arisen or hereafter arise, out of
the subject matters addressed by the appeals to the~County Board
Of Commissioners, the Superior Court action, or the Appeal.- ~'
7. This Agreement constitutes a single integrated
contract expressing the entire agreement of the Parties. There
have been no Other representations or agreements, whether oral or
written, in regard to this Agreement or its subject matter. If
any provision of this Agreement is held invalid, it shall be
considered severable from the remainder, and the remaining
provisions shall be given full force and effect.
8. The terms and conditions of this Agreement shall be
binding on and shall inure to the benefit of the Parties.and
their respective members, representatives, heirs, successors, and
assigns.
9. The Parties acknowledge that the terms of this
Agreement were reached after bargaining and negotiation and have
been reviewed by and discussed with their own respective counsel.
The Parties further agree that this Agreement shall not be
construed in favor of or against any party. The undersigned
warrant and represent that they have complete and proper
authority to execute this Agreement on behalf of the Parties,
that they have read this Agreement and understand it contents,
and that any and all necessary minutes and resolutions
authorizing the Parties to enter into this Agreement and to
undertake its actions, terms, conditions, and covenants have been
duly made and approved.
10. This Agreement expresses the full and complete
settlement of all claims related to the Property made or
contemplated by the Friends (and its members, representatives,
heirs, successors, and assigns) against the County and the
Partners, that arose, may have arisen or hereafter arise out of
the subject matters addressed by the appeals to the County Board
SETTLEMENT AGREEME~ AND
RELEASE -- PULALI POINT
JAN-1B-~6 10:50 FROM:BOGLE&GATES SEATTLE/47#5 ID:2066212660 PAGE 7/9
of Commissioners, the Superior Court action, or the Appeal. The
County and the Partners expressly deny the validity of the claims
which have been asserted by the Friends.
11. This Agreement gives rise to no rights or
obligations whatsoever, express or implied, other than those
expressly set forth in this Agreement. Without limiting the
foregoing, this Agreement gives rise to no rights whatsoever
vested in the Friends (including its members, representatives,
heirs, successors, and assigns) related in any way to the
Property, the Conservation Agreement, or the Bald Eagle
Management Plan.
12. This Agreement may be executed in counterparts and
each executed counterpart shall have the same force and effect as
an original instrument, as if all Parties to all the counterparts
had signed the same instrument.
FRIENDS OF PULALI POINT
By
Its
Dated
JEFFERSON COUNTY
By
Its
Dated
PULALI POINT PARTNERS
By
!ts
Dated
SETTLEMENT AGREEMENT AND
RELEASE -- PULALI POINT
4
JAN-1B-g6 10=51 FROM=BOGLE&GATES SEATTLE/47#S ID=~O~I~B PAGE
IN T~E COURT OF APPEALS
OF ThE STATE OF WASHINGTON
DIVISION II
FRIENDS OF P~I POINT,
Appellant,
v.
JEFFERSON COUNTY;
PULALI POINT PARTNERS;
and JOHN and JANE DOES, 1-20,
Respondents.
NO. 18500-8-II
MOTION TO DISMISS
WITH PREJUDIC-E
Pursuant to Rule 18.2 of the Rules of
Appellate Procedure, Appellant Friends of Pulali
Point hereby moves the Court for an order
dismissing the above-captioned appeal in its
entirety with prejudice and without any award of
fees and costs. As indicated below, the
Respondents have no objection to this motion. It
should be noted that oral argument on the merits
of the above-captioned case has been set for
EXHIBIT A
JAN-16-~6 10=51 F~O~=BOGL£&GAT£S $£ATTL£/4?#5 ID:20GG212B60 PACE
Tuesday, January 30, 1996, at 11:00 a.m., and
should be cancelled.
DATED this __ day of January, 1996.
Respectfully submitted,
BRICK~IN & GENDLER
David S. Mann,
WSBA No. 21068
Attorneys for Appellant
Respondents, JEFFERSON COUNTY
and PULALI POINT PARTNERS,
have no objection to this motion.
JEFFERSON COtrNTY
By:
Paul E. McIlrath, WSBA #16376
Jefferson County Prosecutor
Attorney for Respondent Jefferson County
PULALI POINT PARTNERS PRO SE
Robert F. Bakemeier, WSBA #12574
Roger Myklebust, WSBA #4815
Pro Se for Respondent Pulali Point Partners