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Home My WebLink About2019 - Judgment and Decree of Appropriation - Ramsden, et al / City of Tukwila - 20190129001373Return Address: Rachel B. Turpin, Esq. Kenyon Disend, PLLC 11 Front Street South Issaquah, WA 98027104905 11111111 11111111,11111111111111111111111111111111 20190129001373 JUDGMENT Rec: $111.00 1/29/2019 3:30 PM KING COUNTY, WA print ur typeinfilianalion WASHINGTON STATE RECORDER'S Cover Slieet (Rcw Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in) 1. Judgment and Decree of Appropriation 2. .. 4. Reference Num ber(s) of Documents assigned or released: Additional reference #'s on page of document Grantor(s) Exactly as name(s) appear on document 1. Kent A. Ramsden Testamentary Trust under Will dated November 23, 1999, Anne -Marie C. Ramsdell, Personal Representative Additional names on page of document Grantee(s) Exactly as name(s) appear on document 1. City of Tukwila 2. , Additional names on page of document. Legal description (abbreviated: i.e. lot, block, plat or section, township, range) Lot 2, section 9, township 23 North, range 4 east Full legal is on page 7 of document. Assessor's Property Tax Parcel/Account Number 0 Assessor Tax # not yet assigned 092304-9411 The Auditor/Recorder will .ely on the inforrnation provided on this form. The staff will not ead the document to verify the accuracy or completeness of the indexing information provided herein. "I am signing below and paying an additional $50 recording fee (as provided in RCW 36.18.010 and referred to as an emergency nonstandard document), because this document does not meet margin and formatting requirements. Furthermore, I hereby understand that the recording process may cover up or otherwise obscure some part of the text of the original document as a result of this request." Signature of Requesting Party Note to submitter: Do not sign above nor pay additional 550 fee if the document meets 'nal-gin/formatting requirements 4 15 I6 17 19 20 21 22 23 24 25 FILED KING COUNTY, WASHINGTON DEC, 1 7,, 2018 SUPERIOR COURT CLERK BY Kamrvn Bettelon DEPUTY IGINAL CITY OF TUKWILA, a municipal corporation, Petitioner, vs. KENT A. RAMSDEN TESTAMENTARY TRUST UNDER WILL DATED NOVEMBER 23, 1999, and ANNE - MARIE C. RAMSDEN, in her capacity as Trustee; MELISSA WELLS, dba. JET FUEL ESPRESSO, a sole proprietorship; SARAH HERNANDEZ, dba JET FUEL ESPRESSO, a sole proprietorship; LABORWORKS, INC., dba LABORWORKS INDUSTRIAL STAFFING SPECIALISTS, INC., a Washington corporation; LIFESTYLE LANDSCAPES, INC., a Washington corporation; and KING COUNTY, Res andents. 1. Judgment Creditors: Hon. Andrea Darvas NO, 17-2-32741-7 KNT AGREED JUDGMENT AND DECREEOF APPROPRIATION, ORDER GRANTING IMMEDIA n. POSSESSION AND USE, AND DISBURSEMENT ORDER (Clerk's Action Required) I. J[JDGMENT SUMMARY 2. Judgment Debtor: 3. Total Judgment: 4. Attorneys for Judgment Creditors: 5. Attorneys for Judgment Debtor: AGREED JUDGMENT AND DECREE OF APPROPRIATION - 1 Kent A. Ramsden Testamentary Trust. Under Will Dated November 23, 1999, Marie C. Ramsden, Trustee City of Tukwila $865,000.00 Jill E. Bliss Rachel B. Turpin Kenyon Disend, PLLC KENYON MEND Kenyon Disend, PLLC The Municipal Law Firm 11 Front Street South Issaquah,WA 98027-3820 Tel: (925) 392-7090 Fax: (425) 392-7071 II. AGREED JUDGMENT AND DECREE OF APPROPRIATION, ORDER. GRANTING IMMEDIATE POSSESSION AND USE, AND DISBURSEMENT ORDER The Court, having reviewed the records, files, and pleadings herein, it is now, therefore; ORDERED, ADJUDGED AND DECREED that: 1. On November 6, 2017, the Tukwila City Council adopted Ordinance No. 2554, exercising its power of eminent domain for the purpose of constructing a combined Public Works Shops facility building ("Public Works Shops"), to be located at 11210 and 11234 Tukwila International Boulevard, Tukwila, Washington. The Public Works Shops 10 represent one component of the Public Safety Plan Project ("Project"), which also includes 11 a Justice Center to house the City's Municipal Court, Emergency Operations Center and 12 Police Department, and three fire stations. 3 14 2. Through adoption of Ordinance No. 2554, the Tukwila City Council established 15 that the acquisition of the real property and other property rights of Respondent fee simple 16 owner Kent A. Ramsden Testamentary Trust Under Will Dated November 23, 1999 17 ("Ramsden Trust") whose properly is known as King County Parcel No. 092304-9411, is 18 necessary for a public purpose. 19 3. On May 25, 2018, the Court entered an Order Adjudicating Public Use and 20 Necessity for the Project. 21 4. The Take Property is legally described in Exhibit A and depicted in Exhibit 13, 22 attached hereto. 23 5. The City of Tukwila ("City") is acquiring the Take Property for the public use 24 of constructing the Public Works Shops component of the Project. The Take Property is 25 AGREED JUDGMENT AND DECREE OF APPROPRIATION -2 KENYON DISEND Kenyon Disend, PLLC The Municipal Law Firm I I Front Street South IssaquaNWA 98027-3820 Tel: (425) 392-7090 Fax: (425) 392-7071 necessary for construction of thc 'Public Works Shops component of the Project. The City shall pay a total of Eight Hundred Sixty -Five Thousand and No/100 Dollars ($865,000.00) as full and final Just Compensation for the appropriation of the Take Property by eminent domain. 6. Melissa Wells, dba Jet Fuel Espresso; Sarah Hernandez, dba Jet Fuel Espresso; and Laborworks, Inc., dba Laborworks Industrial Staffing Specialists, Inc., were defaulted on February 5, 2018. Lifestyle Landscapes, Inc., leases a portion of the Take Property. King County holds an interest in general and special taxes and charges on the Take Property, which interest is addressed in Paragraph 11 herein, Respondent Ramsden Trust is entitled to the entire award of Just Compensation. 7. This Agreed Judgment and Decree of Appropriation, Order Granting Immediate Possession and Use, and Disbursement Order ("Agreed Judginent"), shall become effective on the date that the City deposits the Just Compensation sum of $865,000.00 (USD), plus the Clerk's ten -dollar ($10.00) handling fee, into the registry of the Court and this Agreed Judgment is filed for entry with the Court ("Effective Date"), which shall be done contemporaneously, or promptly after the date on which this Agreed Judgment is filed for entry with the Court. 8. After such deposit by the City into the Court Registry, this matter may be removed from the Court's trial calendar. Entiy of this Agreed Judgment fully resolves all claims in this matter with respect to tlie Take Property. The City is not. required to appear at any subsequent trial to apportion the Just Compensation between Respondent Ramsdell Trust and its tenants described in Paragraph 6 or otherwise, The City disclaims any remaining interest in the Just Compensation following entry of this Judgment and Decree Kenyon Mend, PLLC The Municipal Law FIrrn I I Front Street South Issaquah,VVA 98077-3820 Tel: (425) 392-7090 Fax: 425) 392-7071 AGREED JUDGMENT AND DECREE OF APPROPRIATION - 3 KENYON MEND 0 12 13 14 15 16 17 18 19 20 21 22 23 24 Respondent King County has indicated that it will not be participating in this case, The County's interest 25 is the collection of taxes and fees, which is accommodated herein. 9. Upon the Effective Date, the City shall have immediately acquired possession and use of all rights held by Respondents in the Take Property, pursuant to RCW 8.04.090. The City's possession and use of the Take Property will be for the limited purpose of accessing the Take Property for Project planning purposes. The City shall notify Respondents prior to any accessing the Take Property and such access will, not unreasonably interfere with Respondents' use of the Take Property, which shall be allowed to continue through June 30, 2019. Respondents shall keep the Take Property free and clear of all liens or other 3rd party encumbrances and shall be responsible for payment of all utilities (including, but not limited to, water, sewer, garbage, surface, and stormwater fees) through June 30, 2019. 10. On July 1, 2019, all of the right, title and interest of Respondent in and to the Take Property are conveyed to and vested in the City of Tukwila. All Respondents shall vacate the Take Property prior to July 1, 2019. The City shall take title to and be vested in fee simple absolute to the Take Property as legally described and depicted in Exhibits A and B, respectively, hereto. 11. The King County Superior Court Clerk shall disburse the Just Compensation amount of Eight Hundred and Sixty -Five Thousand Dollars ($865,000.00) as follows: a. The sum of $4,883.43 to the King County Treasury for payment of the second half 2018 real property taxes on the parcel that has been appropriated (Tax Parcel 092304- 9411). This payment shall satisfy King County's interest in unpaid taxes owing on the Take Property. Respondent Ramsden Trust shall have the right to seek and obtain AGREED JUDGMENT AND DECREE OF APPROPRIATION -4 KENYON DISEND Kenyon Disend, PLLC The Municipal kw Firm I 1 Front Street South Issaquah,WA 98027-3820 Tel: (925) 392-7090 Fax: (925) 392-7071 reimbursement from the King County Treasurer for all 2nd half taxes which are paid and apportioned to the period aft= entry of this Agreed Judgment. Should it he determined by a court of competent jurisdiction or the Washington State Auditor's Office or the King County Assessor's Office that RCW 84.60.050 does not apply, any additional property tax or leasehold excise tax determined to be owing through June 30, 2019, shall be paid by Ramsdell within thirty (30) days of the Court, City, King County, or State of Washington's written demand or order for such; and b. The balance, less the clerk's handling fee, to respondent Ramsden Trust, which amount shall be delivered in a check payable to "Hart Schoener Bliss, PS IOLTA Trust Account" and mailed to the following address: Hart Schoener Bliss, PS, 12535 15th Avenue Northeast, Suite 100, Seattle, Washington 98125. 12. The City shall record a certified copy of this Agreed Judgment and Decree Appropriation in the Office of the King County Recorder. DATED this _t 1 day of 451P:be:-2018. Presented by: KENYON DISEND, PLLC Rachel B. Turpin WSBA No. 40.007 Attorneys for Tukwila AGREED JUDGMENT AND DECREE OF APPROPRIATION -5 KENYOl',J DISEND Kenyon Disend, PLLC The Municipal Law Firm 1 1 Front Street South Issaquah,WA 98027.3820 Tel: (125) 392-7090 Fax: (425) 392-7071 1 Copy Received; Approved for Entry; And Notice of Presentation. Waived: HART SCHOENER BLISS, P.S. 13y E. Bliss A No. 17981 Attorneys for Marie C. Ramsdell, Trustee, Ramsden Testamentary Trust LIFESTYLE LANDSCAPES, INC. By 0 , g President DANIEL T. SATTERBERG 13 King County Prosecuting Attorney 4 6 19 20 21 22 2 24 By Jenifer C. Merkel2 WSBA No. 34472 Senior Deputy Prosecuting Attorney 2 Respondent King County has indicated that it will not be participating in this case. The County's interest 25 is in the collection °flues and fees, which will be accommodated within the final judgment and decree. Kenyon Disend, PLLC The Municipal Law Firm KENYON I Fro S ntStreet South AGREED JUDGMENT AND DECREE OF EMEND Issaquah,WA 98027-3820 Tel: 025 392-7090 Fax: 025 392.7071 APPROPRIATION -6 0 11 1.2 14 16 7 9 2 2 22 2 24 25 EXHIBIT A LEGAL DESCRIPTION: THAT PORTION OF GOVERNMENT LOT 2 IN SECTION 9, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH. LINE OF THE NORTH 435 FEET OF SAID GOVERNMENT LOT WITH THE EASTERLY LINE OF PRIMARY STATE HIGHWAY NO. 1 AS CONVEYED TO THE STATE OF WASHINGTON BY DEED RECORDED UNDER RECORDING NO. 3909048; THENCE NORTHERLY ALONG SAID EASTERLY LINE 230 FEET; THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID LOT 2, 110 FEET; THENCE SOUTHERLY PARALLEL WITH SAID HIGHWAY LINE 230 FEET TO THE SOUTH LINE OF SAID NORTH 435 FEET; THENCE WEST ALONG SAID SOUTH LINE 110 FEET TO THE POINT OF BEGINNING. AGREED JUDGMENT AND DECREE OF APPROPRIATION -7 KENYON DISEND Kenyon Disend, PLLC The Municipal Law Firm 1 1 Front Street South Issaquah,WA 98027-3820 Tel: (425) 392-7090 Fax: (425) 392-7071 4 6 10 12 13 14 15 16 7 18 19 20 21 22 23 24 25 0080},00.1.4(60,00,1111 EXHIBIT 11 A0REE1) ,RJDGMENT AND DECREE OF APPROPRIATION - 8 KENYON MEND Kenyon Disend, PLLC The Municipal Law Firm 11 Front Street South Issaquah,WA 98027-3820 Tel: (425) 392-7090 Fax: (425) 392.7071 FILEL KING COUNTY wAsHIrGroN JAN 1 6 2019 SUPERIOR COURT CLERK BY Kamryn Bettelon DEPUTY IN THE SUPERIOR COURT FOR THE STATE OF 'WASHINGTON IN COUNTY OF KING LL Petitioner/Plaintiff es%ident/Defendant r Loctory, Cause No. t • 7 A-0 ct6-cici W Tlec:ree k — 6 30 \My Exarnples\MISC COVER SHEET.doc 1 4 5 8 '7 9 H .12 14 17 18 19 20 '1 21 22 11 23 24 EXHIBIT t3 ,ViRFED 11 '1KiNIFN ANI) DriiCRF11,OF APPROPRIA - 8 KENYON DISEND Kenyon Disend, PLLC The Municipal Law Firm 11 Front Street South Issaquah,WA 98027-3820 Tel: (425) 392.7090 Fax: (425) 392-7071 BARBARA MINER Clerk of the Superior Court of the State of Washington for King County do hereby certify that this copy is a true and perfect transcrirt of said original as it appears on file and of record in my office and of the whole thereof IN TESTIMONY WHEREOF I have affixtons yal.pf said Superior Court at my office at Seattle on this date I 3 2019 BARBARA MINER Superior Court Clerk By Deputy Clerk L WHITE CHAU