HomeMy WebLinkAbout2019 - Judgment and Decree of Appropriation - Hee Yeol and See Jee Kang / City of Tukwila - 20190304000272Return Address:
Rachel B. Turpin, Esq.
Kenyon Disend, PLLC
11 Front Street South
Issaquah, WA 98027104905
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20190304000272
JUDGMENT Rec: $108.0
3/4/2019 11:42 AM
KING COUNTY, WA
Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04
Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in)
1. Judgment and Decree of Appropriation
Reference Number(s) of Documents assigned or released:
Additional reference #'s on page of document
Grantor(s) Exactly as name(s) appear on document
1. Hee Yeol Kang
2. See Jee Kang
Additional names on page of document
Grantee(s) Exactly as name(s) appear on document
1. City of Tukwila
Additional names on page of document.
Legal description (abbreviated: i.e. lot, block, plat or section, township, range)
Por. Lots 1 and 4; Block 4, Plat 1-4; NW -22-23-4
Additional Legal is on page 6 of document.
Assessor's Property Tax Parcel/Account Number ❑ Assessor Tax # not yet
assigned
004100-0516
The Auditor/Recorder will rely on the information provided on this form. The staff will not read 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 $50 fee if the document meets margin/formatting requirements
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FILED
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SllPEP.16 0-01Sr f Cl.t.. '.
K T, Ii'.
ORIGINAL
SUPERIOR COURT OF WASHINGTON FOR KING COUNTY
CITY OF TUKWILA, a municipal
corporation,
Petitioner,
Vs.
HEE YEOL KANG and SEE JEE KANG,
husband and wife; DEJA VU-TUKWILA,
INC., dba D1J'A VU -AIRPORT, a
Washington corporation;
CONSOLIDATED BOOKKEEPENO AND
MANAGEMENT SERVICES, INC., a
Washington corporation; YSJ INC., dba
RIVERTON HEIGHTS GROCERY &
DELI, a Washington corporation; LIEN &
VI LLC, dba TUKWILA NAILS & SPA, a
Washington corporation; BOYDEN
INVESTMENT GROUP LLC, a
Washington limited liability company; and
KING COUNTY,
Res.ondents.
NO. 17-2-31727-6 KNT
AGREED JUDGMENT AND
DECREE OF APPROPRIATION
(Clerk's Action Required)
I. JUDGMENT SUMMARY
I. Judgment Creditors:
2. Judgment Debtor:
3. Total Judgment:.
4. Attorneys for Judgment Creditors:
5. Attorneys for Judgment Debtor:
AGREED JUDGMENT AND DECREE OF
APPROPRIATION -1
Hcc Yeol Kang and See Jee Kang
City of Tukwila
$1,980,000.00
Stephen Hokanson
Rachel B. Turpin
Kenyon Disend, PLLC
Kenyon Disend, PLLC
The MunkLpal Law Rrm
11 Front Street South
13saquah,WA 98027.3820
Tel: (425) 392-7090
Fax: (425). 392-7071
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1.1. AGREED JUDGMENT AND DECREE QF APPROPRIATION
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 Justice Center to
house the City's Municipal Court, Emergency Operations Center, and Police Department
(collectively herein "Justice Centel"), to be Located at the addresses commonly known as
14835 to 15029 Tukwila International Boulevard; 15006 to 15030 Military Road South;
and 3415 South 150th Street, Tukwila, Washington. The Justice Center represents one
component of the Public Safety Nan Project ("Project"), which also includes a Public
Works Facility and three fire stations.
2. Through adoption of Ordinance No. 2554, the Tukwila City Council established
that the acquisition of the real property and other property rights of Respondent fee simple
owners Hee Yeol Kang and See Joe Karig, whose property is known as King County Parcel
No. 004100-0516 ("Take Property"), is necessary for a public purpose.
3. The Take Property is legally described in Exhibit A and depicted in Exhibit B,
attached hereto.
4. The City of Tukwila ("City") is acquiring the Take Property for the public use
of constructing the Justice Center component of the Project. The Take Property is
necessary forconstruction of the Justice Center component of the Project.
5. The City shall pay a total of Onc Million Nina Hundred Eighty Thousand and
No/100 Dollars ($1,980,000.00) as full and final Just Compensation for the appropriation
Kenyon [Mend, PLLC
The Municipal Law Firm
11 Front Street South
AGREED JUDGMENT AND DECREE OF '' +' Issaquah.WA 98027-3820
APPROPRIATION - 2
; ipiJl %0 ^ Tel: (425) 392-7090
c: v:t=_s,-:• t.
Fax: ( 425) 392-7471
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of the Take Property by eminent domain in this case. Consolidated Bookkeeping and
Management Services, Inc., and Boyden Investment Group 'LLC, were dismissed from
this case on January 8, 2018 and March 21, 2018, respectively. Respondent Lien & Vi
LLC, dba Tukwila Nails & Spa was defaulted from this action on February 9, 2018,
6. Respondent Deja Vu -Tukwila, Inc., dba Deja Vu -Airport, leases a portion of
the Take Property. YSJ Inc., dba Riverton Heights Grocery & Deli, leases a portion of
the Take Property, Respondents Deja Vu -Tukwila,, Inc.,. dba Deja Vu -Airport, and YSJ
Inc_, dba Riverton Heights Grocery & Deli have each filed claims in this cause for
• apportionment of the funds to be deposited by the City into the Court's registry.
7. This Agreed Judgment and Decree of Appropriation ("Agreed Judgment"),
shall be effective on the date that the City deposits the Just Compensation sum of
$1,980,000.00 (USD), plus the Clerk's ten -dollar ($I0.00) handling fee, into the registry
of the Court and this Agreed Judgment is filed for entry with the Court ("Effective Date").
8. This Agreed Judgment also constitutes the adjudication of public use and
necessity for the Project
9. Upon the Effective Date, all of the right, title and interest of Respondents in
and to 'the Take Property are conveyed to and vested in the City of Tukwila. 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. After such deposit by
the City into the Court's registry, the Court will conduct further proceedings pursuant to
RCW 8.12.150 to determine the respective interests of the Respondents in the deposited
Rinds. Entry of this Agreed Judgment fully resolves all claims against the City' in this
matter with respect to the Take Property, but does not resolve Respondents'
Kenyon Olsend, PLLC
The Municipal law Flan
11 Front Street South
Issaquah.WA 98027-3820
Tel: (425) 392-7090
Fax: (425) 392.7071
AGREED JUDGMENT AND DECREE OF
APPROPRIATION - 3
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apportionment claims.
11, The City disclaims any remaining interest in the Just Compensation following
entry of this Judgment and Decree. The City's sole remaining obligation in this matter is
to make the deposit specified above. The City is not required to appear at any subsequent
. trial to apportion the Just Compensation between Respondents Hee Yeol Kang and See Jee
Karig and their tenants Deja vu -Tukwila, Inc., dba Deja vu -Airport; YSJ Inc., clba Riverton
Heights Grocery and Deli; and/or Lien & Vi LLC dba Tukwila Nails and Spa.
12. Payment of the first half of the 2018 real property taxes on Parcel No. 004100-
0516 has been made. The City shall be responsible for payment to King County of the
second half of the 201.8 real property taxes, provided that this Agreed Judgement and
Decree of Appropriation is presented to the Court for entry on or before October 31, 2018,
13. The City shall record a certified copy of this Agreed Judgment and Decree of
Appropriation in the Office of the King County Recorder.
DONE Ralllettffitlinthiso day of Ocf•
Presented by:
KENYON DISEND, PLLC
By:
2018.
Rachel B. Turpin
'WSBA No. 40007
Attorneys for City of Tukwila
AGREED JUDGMENT AND DECREE OF
APPROPRIATION - 4
Kenyon Mend. PU.0
The Municipal Law Firm
11 Front Street South
Issaquah,WA 98027-3820
Tel: (425)' 392-7090
Fax: (425) 392.7071
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• Copy Received; Agreed and Approved for Entry;
Notice of Presentation Waived:
CHAE LAW FIRM P.S.
13y
tep len P. Hokanson
WSBA No. 48519
Attorneys for IIee Yeol Kang and See Jee Kang
LASHE;RHOLZAPFEL SPERRY & EBBERSON
By`-.�-�
ean A. Messmer
WSBA No. 5738
• Attorneys for Deja vu
Ki o illiams
WSB No. 16201
Christopher W. Pirnke
WSBA No. 44378
Attorneys for YSJ, Inc.
AGREED JUDGMENT AND DECREE OF
APPROPRIATION - 5
Kenyon Disend,PLLC
The Municipal Law Firm
11 Front Street South
Issaquah.WA 98027.3820
Tel: {425) 392-7090
Fax: (425) 392-7071
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EXHIBIT A
LEGAL DESCRIPTION:
THAT PORTION OF LOTS I AND 4 IN BLOCK 4 OF ADAMS HOME TRACTS
FIRST ADDITION, ACCORDING TO PLAT IN VOLUME 12 OF PLATS AT PAGE
50, INKING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS;
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT I:
THENCE NORTH 04°36' WEST, ALONG THE WESTERLY LINE THEREOF, 116,36
FEET;
THENCE SOUTH 88°01'58" EAST 190.92 FEET;
THENCE NORTH 01°05'55" EAST 36.00 FEET;
THENCE SOUTH 88°01'58" EAST 89.30 FEET;
THENCE SOUTH 69°52'10" EAST 95.09 FEET TO THE WESTERLY MARGIN OF
PACIFIC HIGHWAY SOUTH; THENCE SOUTH 20°07'50" WEST, ALONG SAID
HIGHWAY MARGIN, 167.80 FEET TO THE SOUTHEASTERLY PROJECTION OF
THE SOUTHERLY LINE OF THE CLINIC BUILDING;
THENCE NORTH 69°54'05" WEST, ALONG SAID BUILDING LINE AND THE
SAME PRODUCED TO ITS INTERSECTION WITH THE WEST LINE OF SAID
LOT 4, A DISTANCE OF 69.83 FEET;
THENCE NORTH, 01°05'55" EAST, ALONG SAID WEST LINE, 15.96 FEET TO THE
SOUTHEAST CORNER OF SAID LOT 1;
THENCE NORTH 88°04'55" WEST, ALONG THE SOUTH EINE OF SAID LOT 1, A
DISTANCE OF 238.36 FEET TO THE POINT OF BEGINNING;
EXCEPT THE SOUTH 90 FEET OF THE WEST 150 FEET THEREOF.
AGREED JUDGMENT AND DECREE OF
APPROPRIATION - 6
Kenyon Disend,PLLC
The Munlclpal Law Firm
11 Front Street South
Issaquah, WA 98027-3820
Tel: 425 392-7090
Fax: (42S) 392.70471
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BEST IMAGE POSSIBLE
EXIIIBIT B
AGREED JUDGMENT AND DECREE OF
APPROPRIATION - 7
Kenyon Disend,PLLC
The Municipal law Firm
11 Front Street South
Issaquah,WA 98027-3820
Tel: (425) 392-7090
Fax: (425) 392-7071
EXHIBIT B
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AGREED JUDGMENT AND DECREE OF
APPROPRIATION - 7
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
1, BARBARA MINER, Clerk of the Superior C,)urt of the State of Washington,
for King County, do hereby certify that this copy is a true and perfect transcript
of staid original .sit appears on file and of record in my office and of the whole
thereof. IN TES7iMOAlY WHEREOF I have affixed this Seal of said Superior
Court at my office, at Seattle on this date
tnitiinup
• , mow=
‘+``‘
BARBARA MINER, Superior CourtClerk