HomeMy WebLinkAbout14-115 - United States Government - Memorandum of Understanding (Great Bear Motor Inn)14 -115
Council Approval 3/17/14
U.S. Department of Justice
United States Marshals Service
MEMORANDUM OF UNDERSTANDING
BETWEEN
UNITED STATES GOVERNMENT
AND
CITY OF TUKWILA
On August 27, 2013, the United States filed a Civil Complaint for Forfeiture In Rem against the
real property located at 14420 Tukwila International Boulevard, Tukwila, Washington, King
County parcel number 004000 -0175, also commonly known as the Great Bear Motor Inn. See
Docket No. 1; United States v. 14420 Tukwila Intl Blvd., et al., C13 -1532 JCC, WDWA.
All parties who appeared in this action to claim an interest in the above - captioned defendant
real property agreed to its forfeiture and withdrew or settled their claim.
On July 18, 2014, the Court in the above referenced civil forfeiture matter entered a Judgment
of Forfeiture, forfeiting the real property located at 14420 Tukwila International Boulevard,
Tukwila, Washington, King County parcel number 004000 -0175, also commonly known as the
Great Bear Motor Inn, in its entirety to the United States, with no right or title existing in any
other party. See Docket No. 101.
Pursuant to terms of the attached Judgment of Forfeiture, which incorporates the terms of the
attached Stipulated Settlement Agreement between the United States and Pacific City Bank,
the government will transfer all right, title and interest in the real property, commonly known
as the Great Bear Motor Inn, to the City of Tukwila via a Quit Claim Deed.
Digitally signed by
PAUL BAXLEY
Date: 2014.08.05
Signed: 14:41:54 -07'00'
Paul L. Baxley, on behalf of the United States
Olio(
Signed:
VOS
Jim rton, on •'=r�kP"of the City of Tukwila
001
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Case 2:13 -cv- 01532 -JCC Document 101 Filed 07/18/14 Page 1 of 4
THE HONORABLE JOHN C. COUGHENOUR
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
UNITED STATES OF AMERICA,
Plaintiff,
v.
REAL PROPERTY LOCATED AT
14420 TUKWILA INTERNATIONAL
BOULEVARD, TUKWILA,
WASHINGTON, KING COUNTY
PARCEL NUMBER 004000 -0175, et al.,
Defendant.
CASE NO. C13- 1532 -JCC
JUDGMENT OF FORFEITURE
This matter comes before the Court on the government's motion for entry of a judgment
of forfeiture of the real property located at 14420 Tukwila International Boulevard, Tukwila,
Washington, King Coutny parcel number 004000 -0175, also commonly known as the Great Bear
Motor Inn, together with its buildings, improvements, appurtenances, fixtures, attachments and
easements. (Dkt. No. 96.)
The government filed its initial verified Complaint for forfeiture in rem on August 27,
2013, seeking forfeiture of the Great Bear Motor Inn, along with certain other property. (Dkt.
No. 1.) The government's initial Complaint for forfeiture in rem alleged that the Defendant Real
Property was subject to forfeiture pursuant to 21 U.S.C. § 881(a)(7), for violations of 21 U.S.C. §
856(a)(2) (maintaining a drug involved premises) and 21 U.S.C. § 841(a)(1) (distribution of
JUDGMENT OF FORFEITURE
PAGE - 1
002
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Case 2:13 -cv- 01532 -JCC Document 101 Filed 07/18/14 Page 2 of 4
controlled substances); and 18 U.S.C. § 981(a)(1)(A) for violation of 18 U.S.C. §
1956(a)(1)(B)(i) (money laundering to conceal or disguise the proceeds of specified unlawful
activity) and 18 U.S.C. § 1956(a)(1)(A)(i) (money laundering with intent to promote unlawful
activity).
On September 6, 2013, Kulwinder Saroya filed a verified claim to the above - captioned
defendant real property. (Dkt. No. 18.) On September 13, 2013, Jaspal Singh filed a verified
claim to the above - captioned defendant real property. (Dkt. No. 41.) On September 24, 2013,
Pacific City Bank filed a verified claim to the above - captioned defendant real property. (Dkt. No.
58.) On November 26, 2013, Claimant Pacific City Bank filed an answer to the verified
Complaint for forfeiture in rem. (Dkt. No. 70.)
On January 7, 2014, the government filed an Amended Complaint for forfeiture in rem,
after being granted leave by the Court. (Dkt. No. 74.) In the Amended Complaint, the
government asserted claims against additional personal property, while maintaining the same
cause of action against the above - referenced defendant real property.
Notice of the amended forfeiture action was published on the www.forfeiture.gov website
for at least thirty consecutive days, starting on January 10, 2014. All interested persons were
advised to file their claims pursuant to Supplemental Rule G(5) of the Federal Rules of Civil
Procedure with the Clerk of the Court within sixty days after the first date of publication and to
serve their answers to the Complaint within twenty -one days after filing a claim.
On March 4, 2014, the United States, Claimants Jaspal Singh and Kulwinder Saroya, by
and through their attorneys, and potential interested parties Joga Singh Saroya, Balwinder Kaur,
Balwant Kaur, Amandeep Kaur, and Kanwaljit Kaur, entered into a settlement agreement
wherein Claimants Jaspal Singh and Kulwinder Saroya agreed to the withdrawal of their claims
to the defendant real property, and potential interested parties Joga Singh Saroya, Balwinder
Kaur, Balwant Kaur, Amandeep Kaur, and Kanwaljit Kaur agreed not to assert an interest or file
a claim as to the defendant real property. (Dkt. No. 79.)
JUDGMENT OF FORFEITURE
PAGE -2
003
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Case 2:13 -cv- 01532 -JCC Document 101 Filed 07/18/14 Page 3 of 4
On May 2, 2014, the United States and Claimant Pacific City Bank, by and through its
counsel, entered into a settlement agreement wherein Claimant Pacific City Bank agreed to
withdraw its claim. (Dkt. No. 91.) In consideration for the withdrawal of its claim, the United
States agreed that upon the entry of a Judgment of Forfeiture, the United States will pay
$1,580,000.00 in United States funds to Claimant Pacific City Bank. This payment will be
comprised of the full proceeds of a Government to Government transfer between the United
States and the City of Tukwila and shall be in full satisfaction of Claimant Pacific City Bank's
interest in the above - described defendant real property.
All parties believed to have an interest in the above - captioned defendant real property
have been properly served. All parties who have appeared in this action to claim an interest in the
above - captioned defendant real property have agreed to its forfeiture and withdrawn or settled
their claim.
More than sixty days have passed since the notice of the forfeiture action was published
on the www.forfeiture.gov website. To date, no other claims to the above - captioned defendant
real property have been filed and no other answers to the complaint have been filed, and the time
for doing so has expired.
Now, therefore, upon Motion of the Plaintiff for a Judgment finally forfeiting the
defendant real property located at 14420 Tukwila International Boulevard, Tukwila, Washington,
King County parcel number 004000 -0175, also commonly known as the Great Bear Motor Inn,
together with its buildings, improvements, appurtenances, fixtures, attachments and easements,
to the United States of America, it is hereby ORDERED, ADJUDGED and DECREED as
follows:
1. This Court has jurisdiction over this action under 28 U.S.C. § 1345 and 1355, and
venue pursuant to 28 U.S.C. § 1395.
2. The defendant property located at 14420 Tukwila International Boulevard,
Tukwila, Washington, King County parcel number 004000 -0175, also commonly known as the
JUDGMENT OF FORFEITURE
PAGE -3
004
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Case 2:13 -cv- 01532 -JCC Document 101 Filed 07/18/14 Page 4 of 4
Great Bear Motor Inn, together with its buildings, improvements, appurtenances, fixtures,
attachments and easements, more particularly described as:
THAT PORTION OF LOTS 12 AND 13, BLOCK 2 ADAMS HOME TRACTS,
ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 11 OF
PLATS, PAGE 31, IN KING COUNTY, WASHINGTON, LYING EAST OF
STATE ROAD NO. 1, NORTH OF A LINE 25 FEET NORTH OF AND
PARALLEL WITH THE SOUTH LINE OF SAID LOTS AND SOUTH OF A
LINE 125 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF
LOT 13, AND
THE SOUTH 125 FEET OF THE WEST 60 FEET OF LOT 14, BLOCK 2,
ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF,
RECORDED IN VOLUME 11 OF PLATS, PAGE 31, IN KING COUNTY,
WASHINGTON;
is hereby forfeited to the United States of America and no right, title or interest in the above -
described defendant real property shall exist in any other party.
3. The United States marshals Service, and /or its agents and representatives shall
dispose of the defendant real property in accordance with the law.
4. The Court shall deliver three "raised seal," certified copies of this Judgment of
Forfeiture to the United States Attorney's Office in Seattle, WA.
DATED this 18th day of July 2014.
JUDGMENT OF FORFEITURE
PAGE -4
L(,c,
John C. Coughenour
UNITED STATES DISTRICT JUDGE
005
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Case 2:13 -cv- 01532 -JCC Document 91 Filed 05/02/14 Page 1 of 11
The Honorable John C. Coughenour
UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
UNITED STATES OF AMERICA,
Plaintiff
v.
REAL PROPERTY LOCATED AT 14420
TUKWILA INTERNATIONAL
BOULEVARD, TUKWILA, WASHINGTON,
KING COUNTY PARCEL NUMBER
004000 -0175, and
REAL PROPERTY LOCATED AT 3754
SOUTH 175th STREET, SEATAC,
WASHINGTON, KING COUNTY PARCEL
NUMBER 538100 -0439
and
Pacific City Bank,
Defendants,
Claimant.
NO. C13-1532 JCC
EXPEDITED SETTLEMENT
AGREEMENT AS TO REAL PROPERTY
LOCATED AT 14420 TUKWILA
INTERNATIONAL BOULEVARD,
TUKWILA, WASHINGTON AND 3754
SOUTH 175`h STREET, SEATAC,
WASHINGTON
IT IS HEREBY STIPULATED by and between the United States of America and
Claimant Pacific City Bank to compromise and settle its interest in the following real
properties:
a. Real property located at 14420 Tukwila International Boulevard, Tukwila,
Washington, King County parcel number 004000 -0175, also commonly known as
SETTLEMENT AGREEMENT - 1
C13- 1532U.S. v. Real Property located at 14420 Tukwila International Blvd., et al.
UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101
(206) 553 -7970 006
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Case 2:13 -cv- 01532 -JCC Document 91 Filed 05/02/14 Page 2 of 11
the Great Bear Motor Inn, together with its buildings, improvements,
appurtenances, fixtures, attachments and easements, more particularly described
as:
THAT PORTION OF LOTS 12 AND 13, BLOCK 2 ADAMS HOME
TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN
VOLUME 11 OF PLATS, PAGE 31, IN KING COUNTY,
WASHINGTON, LYING EAST OF STATE ROAD NO 1, NORTH OF A
LINE 25 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE
OF SAID LOTS AND SOUTH OF A. LINE 125 FEET NORTH OF AND
PARALLEL WITH THE SOUTH LINE OF LOT 13, AND
THE SOUTH 125 FEET OF THE WEST 60 FEET OF LOT 14, BLOCK 2,
ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF,
RECORDED IN VOLUME 11 OF PLATS, PAGE 31, IN KING
COUNTY, WASHINGTON;
hereinafter referred to as "14420 Tukwila International Boulevard," and
b. Real property located at 3754 South 175th Street, SeaTac, Washington,
King County parcel numbers 538100 -0439 and 538100 -0437, together with its
buildings, improvements, appurtenances, fixtures, attachments and easements,
more particularly described as:
BEGINNING AT A POINT ON THE WEST LINE OF SECTION 27,
TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY,
WASHINGTON, DISTANT SOUTH 00°01'11" WEST 1,835 29 FEET
FROM THE NORTHWEST CORNER OF SAID SECTION 27,
THENCE SOUTH 89°59'10" EAST 730 FEET,
THENCE SOUTH 00 °02'46" EAST 2943 00 FEET,
THENCE SOUTH 89°59'10" EAST 1,200 00 FEET TO THE TRUE
POINT OF THIS DESCRIPTION,
THENCE CONTINUING SOUTH 89 °59' 10" EAST 100 FEET,
THENCE SOUTH 00 °02'46" EAST 107 FEET,
THENCE NORTH 89°59'10" WEST 100 FEET,
THENCE NORTH 00 °02'46" WEST 107 FEET TO THE 'TRUE POINT
OF BEGINNING,
(ALSO KNOWN AS A PORTION OF LOT 16, BLOCK 37, MCMICKEN
HEIGHTS NO 4, ACCORDING TO THE UNRECORDED PLAT
THEREOF)
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON;
SETTLEMENT AGREEMENT - 2
C13- 1532U.S. v. Real Property located at 14420 Tukwila International Blvd,, et al.
UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101
(206) 553-7970 007
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Case 2:13 -cv- 01532 -JCC Document 91 Filed 05/02/14 Page 3 of 11
hereinafter referred to as "3754 South 175th Street."
This stipulated settlement is entered into between the parties pursuant to the
following terms:
1. The parties to this Agreement hereby stipulate that Pacific City Bank is a
bona fide purchaser for value of the right, title, or interest in the real
properties located at 14420 Tukwila International Boulevard and 3754
South 175th Street, and that any violations of Title 21, United States Code,
Sections 841(a)(1) and 856(a)(2) and /or Title 18, United States Code,
Section 1956(a)(1)(A)(i) and (B)(i), involving the defendant real properties,
occurred without the knowledge and consent of Pacific City Bank.
2. The United States agrees and recognizes that the interest of Pacific City
Bank in the above - described real properties arises out of a promissory note
in the original amount of $1,500,000,00 in United States funds secured by
the following instruments:
a, A first- position Deed of Trust recorded against the above -
referenced defendant real property located at 14420 Tukwila
International Boulevard with King County Recorder under
document number 20121204000731 (hereinafter sometimes
referred to as "Primary Deed ") on December 4, 2012; and
b. A second - position Deed of Trusts recorded against the
defendant real property located at 3754 South 175th Street
with King County Recorder under document number
20121204000734 (hereinafter sometimes referred to as
"Secondary Deed ") on December 4, 2012.
1 Claimant JP Morgan Chase has an earlier recorded Deed of Trust against the real property located at 3754 South
175th Street, granting them first position as a lien holder. Their interest will be negotiated in a separate settlement
agreement.
SETTLEMENT AGREEMENT - 3
C13- 1532U.S. v. Real Property located at 14420 Tukwila International Blvd., et al.
UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101
(206) 553-7970 008
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Case 2:13 -cv- 01532 -JCC Document 91 Filed 05/02/14 Page 4 of 11
3. Claimant Pacific City Bank warrants that, as of February 13, 2014, the
payoff amount for this promissory note is $1,592,444.37 in United States
funds which includes the following:
a. The principle balance of $1,571,485.35 as of March 3, 2014;
b. Interest through March 2013, totaling $4,052.02;
c. Appraisal Fee in the amount of $3,800.00;
d. Daily interest accruing at the rate of $213.26 per diem; and
f. Attorney's fees due in the amount of $13,127.00 (estimated as of
March 3, 2014).
4. Pursuant to the terms contained within this stipulated agreement, Pacific
City Bank agrees to withdraw its claims to the above - referenced defendant
real properties and further consents to forfeiture of the defendant real
properties to the United States.
5. The United States warrants that upon the entry of a Final Judgment of
Forfeiture, forfeiting the above - referenced defendant real property located
at 14420 Tukwila International Boulevard in its entirety to the United
States, the United States will engage in a government to government
transfer of title with the City of Tukwila for the cash price of $1,580,000.00
in United States funds2. The transfer will be effectuated through the
recording of a Quit Claim Deed with the King County.
6. In consideration for Pacific City Bank withdrawing its claims to the above -
referenced defendant real properties, the United States agrees to pay the
above- referenced $1,580,000.00 in United States funds, comprising the full
proceeds of the above - referenced Government to Government transfer, to
Pacific City Bank in satisfaction of its promissory note.
2 This amount reflects a June 30, 2013 appraisal value, conducted on behalf of the City of Tukwila by Kinder
Matthews. City of Tukwila has initiated an action in eminent domain to acquire certain properties located on
International Boulevard. This appraisal value reflects the amount that the City of Tukwila would have offered to the
titled owners of the real property upon which the Great Bear Motor Inn is located. City of Tukwila has indicated
that they will honor this appraisal amount.
SETTLEMENT AGREEMENT - 4
C13- 1532U.S. v. Real Property located at 14420 Tukwila International Blvd., et al.
UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101
(206) 553-7970 009
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Case 2:13 -cv- 01532 -JCC Document 91 Filed 05/02/14 Page 5 of 11
7. The United States warrants that contemporaneous with the transfer of title
of the defendant real property located at 14220 Tukwila International
Boulevard, the City of Tukwila will present to the United States Marshals
Service, and /or its agents and /or representatives, a cashier's check made
payable to Pacific City Bank in the sum of $1,580,000.00 in United States
Funds. This cashier's check will then be delivered by the United States
Marshals to Claimant Pacific City Bank, by and through its undersigned
counsel and /or any other authorized agent or representative, within ninety
(90) days of the Court's approval of this settlement agreement.
8. Claimant Pacific City Bank agrees that the payment of $1,580,000.00 in
United States funds, shall be in full settlement and satisfaction of all claims
by Pacific City Bank to the defendant real property 14420 Tukwila
International Boulevard, and of all claims arising from and relating to the
seizure, detention, and forfeiture of the defendant real property 14420
Tukwila International Boulevard.
9. The United States agrees that the forfeiture of the defendant real property
14420 Tukwila International Boulevard is in full settlement and satisfaction
of the forfeiture action as to that defendant real property and that the
Government will seek no further claims or actions, or causes of action,
against the Claimant Pacific City Bank with respect to the facts establishing
the basis for the seizure of the defendant real property 14420 Tukwila
International Boulevard.
10. The United States agrees that upon entry of a Final Judgment of Forfeiture
forfeiting the defendant real property located at 3754 South 175th Street to
the United States and sale of the real property pursuant to the Final
Judgment of Forfeiture, the United States will not contest payment to
Pacific City Bank, after full satisfaction of the first -in -line Deed of Trust
held in the benefit of JP Morgan Chase, the following: the remaining funds
due and owing under the above - referenced promissory note to be no greater
SETTLEMENT AGREEMENT - 5
C13- 1532U.S. v. Real Property located at 14420 Tukwila International Blvd., et al.
UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101
(206) 553 -7970 010
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Case 2:13 -cv- 01532 -JCC Document 91 Filed 05/02/14 Page 6 of 11
than the amount of $12,444.37 (as of March 3, 2014), and not accruing any
further daily interest, or any other costs.
11. Claimant Pacific City Bank agrees that the payment of any available funds
from the sale of the defendant property located at 5754 South 175th Street,
shall be in full settlement and satisfaction of all claims by Pacific City Bank
to said defendant real property, and of all claims arising from and relating
to the seizure, detention, and forfeiture of that defendant real property.
12. In the event that there are no available funds from the sale of the defendant
property located at 3754 South 175th Street and the promissory note is not
satisfied in full, Claimant Pacific City Bank agrees and stipulates not to
seek further payment or settlement from the United States. The parties
agree that nothing in this stipulation, however, precludes Claimant Pacific
City Bank from pursuing recovery of all remaining funds owed to it under
the Promissory Note from the original signatories to the Promissory Note or
any guarantors thereof, to the extent it is entitled to do so by the terms of
the Promissory Note or other loan documents, or pursuant to any applicable
provision of Washington State law.
13. Upon payment of all available funds, as described above, Petitioner Pacific
City Bank agrees to release and hold harmless the United States, and any
agents, servants, and employees of the United States (and any involved
state or local law enforcement agencies and their agents, servants, or
employees), in their individual or official capacities, from any and all
claims by Pacific City Bank and their agents that currently exist or that may
arise as a result of the Government's actions against and relating to the
above - referenced defendant real properties.
14. Claimant Pacific City Bank agrees not to pursue against the United States
any other rights that it may have under the Primary or Secondary Deed,
including but not limited to the right to assess additional interest or
penalties, or the right to initiate a non judicial foreclosure action.
SETTLEMENT AGREEMENT - 6
C13- 1532U.S. v. Real Property located at 14420 Tukwila International Blvd., et al.
UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101
(206) 553 -7970 011
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Case 2:13 -cv- 01532 -JCC Document 91 Filed 05/02/14 Page 7 of 11
15. Claimant Pacific City Bank understands and agrees that by entering into
this expedited settlement of its interest in the defendant real properties, it
waives any rights to litigate further its interest in the real property and to
petition for remission or mitigation of the forfeiture. If this Agreement is
approved by the Court, then unless specifically directed by an order of the
Court, the lienholder shall be excused and relieved from further
participation in this action.
16. The parties agree to execute further documents, to the extent necessary, to
convey Claimant's interest to the above - referenced defendant real
properties to the United States and to implement further the terms of this
settlement.
17. Each party agrees to bear its own costs and attorneys' fees, except as
specified in paragraph 3 above.
18. Payment to the Claimant pursuant to this settlement agreement is
contingent upon forfeiture of the real property to the United States. Further,
the terms of this settlement agreement shall be subject to approval by the
United States district court. Violation of any terms or conditions herein
shall be construed as a violation of an order of the court.
SETTLEMENT AGREEMENT -7
C13- 1532U.S. v. Real Property located at 14420 Tukwila International Blvd., et al.
UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101
(206) 553 -7970 012
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Case 2:13 -cv- 01532 -JCC Document 91 Filed 05/02/14 Page 8 of 11
19. The parties agree that if the United States is not able to obtain a bid or offer
for the defendant real property located at 3754 South 1756 Street sufficient
to satisfy both its payment due to Claimant JP Morgan Chase Bank, N.A.
and Claimant Pacific City Bank and all the United States' reasonable
expenses associated with the property's forfeiture, including but not limited
to seizure and marketing, the United States shall instead convey title to the
property to JP Morgan Chase Bank, N.A. as the beneficiary of the first-
priority Deed of Trust, subject to the unpaid balance due and owing to.
Pacific City Bank as beneficiary of the second- priority Deed of Trust.
DATED this 2nd day of May, 2014. .
Respectfully submitted,
DATED:
DATED:
JENNY A..'
RICHARD E. COZEN` -°-
JUSTIN W. ARNOLD
JILL OTAKE
Assistant United States Attorneys
700 Stewart Street, Suite 5220
Seattle, Washington 98101.
(206) 553- 2242.; fax (206) 553 -6934
E =Mail: Richard.E.Cohen@usdoj.gov
KARL PARK
Attorney for Claimant Pacific City Bank
Law Office of Karl Park.
402 S. 333rd Street Suite B35
Federal Way, WA 98003 .
(253)815 -1400; fax (253) 322 -0879 fax
Email: karlpark99 @yahoo.com.
SETTLEMENT AGREEMENT - 8
C13- 1532U.S. v. Real Property located at 14420 Tukwila International Blvd., et al.
UNITED STATES AYr0RNEY
700 STEWART STREET; SUITE 5220
SEATTLE, WASHINGTON 9RI0I
(206)553 -7970 013
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Case 2:13 -cv- 01532 -JCC Document 91 Filed 05/02/14 Page 9 of 11
19. The parties agree that if the United States is not able to obtain a bid or offer
for the defendant real property located at 3754 South 175th Street sufficient
to satisfy both its payment due to Claimant JP Morgan Chase Bank, N.A.
and Claimant Pacific City Bank and all the United States' reasonable
expenses associated with the property's forfeiture, including but not limited
to seizure and marketing, the United States shall instead convey title to the
15.1'6136A00 t) ase`B'arik;`N:A 'as tie flliciary 6kititig
priority Deed of Trust, subject to the unpaid balance due and owing to
Pacific City Bank as beneficiary of the second - priority Deed of Trust.
DATED this day of , 2014.
Respectfully submitted,
DATED:
DATED: 5////51
JENNY A. DURKAN
RICHARD E. COHEN
JUSTIN W. ARNOLD
JILL OTAKE
Assistant United States Attorneys
700 Stewart Street, Suite 5220
Seattle, Washington 98101
(206) 553 -2242; fax (206) 553 -6934
E -Mail: Richard.E.Cohen @usdoj.gov
KARL PARK
Attorney for Claimant Pacific City Bank
Law Office of Karl Park
402 S. 333rd Street Suite B35
Federal Way, WA 98003
(253)815 -1400; fax (253) 322 -0879 fax
Email: karlpark99 @yahoo.com
SETTLEMENT AGREEMENT - 8
C13- 1532U.S. v. Real Property located at 14420 Tukwila International Blvd., et al.
UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 9810b14
(206) 553 -7970
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Case 2:13 -cv- 01532 -JCC Document 91 Filed 05/02/14 Page 10 of 11
ORDER
This Settlement Agreement regarding the defendant real property located at 14420
Tukwila International Boulevard, Tukwila, Washington, King County parcel number
004000 -0175, and the defendant real property located at 3754 South 175th Street, SeaTac,
Washington, King County parcel numbers 538100 -0439 and 538100 -0437, is hereby
approved under the terms and conditions set forth in the foregoing agreement.
DATED this day of , 2014.
JOHN C. COUGHENOUR
UNITED STATES DISTRICT JUDGE
SETTLEMENT AGREEMENT - 9
C13- 1532U.S. v. Real Property located at 14420 Tukwila International Blvd., et al.
UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101
(206) 553 -7970 015
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Case 2:13 -cv- 01532 -JCC Document 91 Filed 05/02/14 Page 11 of 11
CERTIFICATE OF SERVICE
I hereby certify that on May 2, 2014, I electronically filed the foregoing with the
Clerk of the Court using the CM/ECF system which will send notification of such filing
to the attorney(s) of record for the defendants and petitioner(s).
s/ Michael McLaren
MICHAEL MCLAREN
FSA Paralegal :IV
United States Attorney's Office
700 Stewart Street, Suite 5220
Seattle, Washington 98101-1271
Phone: (206) 553 -2242
SETTLEMENT AGREEMENT - 10
C13- 1532U.S. v. Real Property located at 14420 Tukwila International Blvd., et al.
UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101
(206) 553-7970 016