HomeMy WebLinkAbout2019 - Agreed Decree of Appropriation - Jing Wei, LLC / City of Tukwila - 20190409000545Return Address:
Rachel B. Turpin
Kenyon Disend PLLC
11 Front St S
Issaquah, WA 98027
iI 1 t 1 1 1 II I 11 111111IIII IIV111IRIII
20190409000545
MISCELLANEOUS Rec: $115.00
4/9/2019 11:55 AM
KING COUNTY, WA
11
Please print or type information 'WASHINGTON STATE RECORDER'S Co e'er Sheet (Rcw 65.04)
Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in)
1. Agreed Decree of Appropriation
Reference Number(s) of Documents assigned or released:
Grantor(s) Exactly as name(s) appear on document
1. Jing Wei, LLC
Grantee(s) Exactly as name(s) appear on document
1. City of Tukwila, a Washington municipal corp.
Legal description (abbreviated: i.e. lot, block, plat or section, township, range)
ADAMS HOME TRS I ST ADD POR OF LOT 28 LY W OF ST HWY LESS N 75 FT TGW S 75
FT OF N 150 FT OF LOT 29 LESS ST HWY TGW LOT 30 LESS N 75 FT LESS ST
See page 8 of the Agreed Decree of. Appropriation for full legal description.
Assessor's Property Tax Parcel/Account Number ❑ Assessor Tax # not yet
assigned: 004100-0335
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 550 fee if the document meets margin/formatting requirements
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FILE
KING COUNTY, WASHINGTON
MAR 2 8 2019
KNT
SUPERIOR COURT CLERK
Hon. Andrea Darvas
SUPERIOR COURT OF WASHINGT FOR KING COUNTY
CITY OF TUKWILA, a Washington municipal
corporation,
Petitioner,
vs.
JING WEI, LLC, a Washington limited liability
company; LG HOTELS LLC, a Washington
limited liability company; LG HOTELS LLC
dba TRAVELODGE SEATAC, a Washington
limited liability company; PUGET SOUND
ENERGY, INC., a Washington public utility
corporation, as successor in interest to PUGET
SOUND POWER AND LIGHT COMPANY,
INC.; TUEY MING LIU, an individual; THE
CHURCH BY SIDE OF THE ROAD, a non-
profit corporation, as successors in interest to
INVESTMENT EXCHANGE
DEVELOPMENT CORPORATION;
CEDERLIND REAL ESTATE, LLC, a
Washington limited liability company, as
successor in interest to IRVIN AND
DOROTHY CEDERLIND dba MATADOR
APARTMENTS; MDB ENTERPRISES LLC, a
Washington limited liability company;
COMCAST CABLE COMMUNICATIONS,
LLC, a Washington corporation, as successor in
interest to COMCAST OF WASHINGTON IV,
INC., and TCI CABLEVISION OF
WASHINGTON, INC.; and KING COUNTY,
Res ondents.
AGREED DECREE OF APPROPRIATION - 1
NO. 17-2-32735-2 KNT
AGREED DECREE OF
APPROPRIATION
(Clerk's Action Required)
KENYON
DISEND
Kenyon Disend, PLLC
The Municipal Law Firm
I 1 Front Street South
Issaquah,WA 98027-3820
Tel: (425) 392-7090
Fax: (425) 392-7071
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I. AGREED DECREE OF 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 Center"), 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 Plan 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
owner Jing Wei, LLC, whose property is known as King County Parcel No. 004100-0335
("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 for construction of the Justice Center component of the Project. The City has
paid a total of Five Million One Hundred Eighty Thousand and No/100 Dollars
AGREED DECREE OF APPROPRIATION - 2
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
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($5,180,000.00) as full and final Just Compensation for the appropriation of the Take
Property by eminent domain.
5. An Order Adjudicating Public Use and Necessity for the Project was entered on
September 14, 2018.
6. A Stipulated Order Granting Possession and Use and Disbursement Order was
entered on October 19, 2018.
7. LG Hotels LLC (dba Travelodge SeaTac) leased the Take Property, its lease
terminated on or about October 31, 2018, and they have vacated the Take Property. Puget
Sound Energy, Inc., as successor in interest to Puget Sound Power and Light Company,
Inc.; Tuey Ming Liu; and Cederlind Real Estate, LLC, as successor in interest to Irvin and
Dorothy Cederlind dba Matador Apartments; each hold a recorded easement interest in
the Take Property, and this Agreed Decree will not affect those easement rights. MDB
Enterprises LLC and Comcast Cable Communications, LLC, as successor in interest to
Comcast of Washington IV, Inc., and TCI Cablevision of Washington, Inc., were both
defaulted on February 21, 2018. The Church by Side of The Road, as successors in interest
to Irrvestment Exchange Development Corporation was defaulted on February 22, 2018.
King County holds an interest in general and special taxes and charges on the Take
Property the payment of which was satisfied at the time the Order Granting Possession
and Use and Disbursement Order was entered on October 19, 2018.
8. This Agreed Decree of Appropriation ("Agreed Decree"), shall be effective on
the date that it is entered by the Court ("Effective Date").
9. Upon the Effective Date, 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; except that the
AGREED DECREE OF APPROPRIATION - 3
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
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City will take the Take Property subject to the recorded easements held by Puget Sound
Puget Sound Energy, Inc., as successor in interest to Puget Sound Power and Light
Company, Inc. (King County Recording Nos. 3143557 and 3143558) and Tuey Ming Liu,
(King County Recording Nos. 5227952, 5398929, 5400208) . Further, the City shall take
the Take Property subject to the mutual maintenance easement held by Cederlind Real
Estate, LLC, as successor in interest to Irvin and Dorothy Cederlind dba Matador
Apartments, entered in King County Superior Court Cause No. 81-2-13992-2 on July 11,
1984 ("Original Cederlind Easment"). No later than fourteen (14) days after the Effective
Date, the City and Cederlind shall execute and record a release of the Original Cederlind
Easement and shall contemporaneously record a replacement mutual maintenance
easement in substantially the same form as the attached Exhibit C.
10. 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 entry of this Agreed Decree, this matter may be removed from the Court's trial
calendar. Entry of this Agreed Decree fully resolves all claims in this matter with respect
to the Take Property, as Just Compensation for the Take Property was previously
deposited by the City into the Court Registry.
11. The City is not required to appear at any subsequent trial to apportion the Just
Compensation between Respondent Jing Wei, LLC and its tenants described in section 7
or otherwise. The City disclaims any remaining interest in the Just Compensation
following entry of this Agreed Decree.
12. The City shall record a certified copy of this Agreed Decree of Appropriation
in the Office of the King County Recorder.
AGREED DECREE OF APPROPRIATION - 4
KENYON
DISEND
Kenyon Disend. PLLC
The Municipal Law Firm
11 Front Street South
Issaquah,WA 98027-3820
Tei: (425) 392-7090
Fax: (425) 392-7071
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DATED this day of March, 2019.
CA JU E/COURT=COMMISSI'ONE
AGREED DECREE OF APPROPRIATION - 5
Judge Andrea Darvas
KENYON
DISEND
Kenyon Disend,PLLC
The Municipal Law Firm
I 1 Front Street South
Issaquah,WA 98027-3820
Tel: (425) 392-7090
Fax: (425) 392-7071
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Presented by:
KENYON DISEND, PLLC
By
Rachel B. Turpin
WSBA No. 40007
Attorneys for Petitioner City of
Tukwila
Copy Received; Approved for Entry;
and Notice of Presentation Waived:
RODGERS DEUTSCH & TURNER
Daryl A. Deutsch
WSBA No. 11003
Attorneys for Jing Wei, LLC
INSLEE BEST
-Kine.n W. ilharns
WSBA No. 16201
Christopher W. Pimke
WSBA No. 44378
Attorneys for L.G. Hotels LLC
LAW OFFICE OF TERENCE K. WONG
By
Terence K. Wong
WSBA No. 24502
Attorneys for Estate of Tuey Ming Liu
WILLIAMS KASTNER & GIBBS
By
P. Arley Harrel
WSBA No. 05170
Attorneys for Cederlind Real Estate
AGREED DECREE OF APPROPRIATION - 6
Mll0111191
FIWR,
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44,0•410,014114111#009fs;,•,.:,
•••••••• • • •••••• ,
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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Presented by:
KENYON DISEND, PLLC
By
Rachel B. Turpin
WSBA No. 40007
Attorneys for Petitioner City of
Tukwila
Copy Received; Approved for Entry;
and Notice of Presentation Waived:
RODGERS DEUTSCH & TURNER
By
Daryl A. Deutsch
WSBA No. 11003
Attorneys for Jing Wei, LLC
INSLEE BEST
By
Kinnon W. Williams
WSBA No. 16201
Christopher W. Pirnke
WSBA No. 44378
Attorneys for L.G. Hotels LLC
LAW OFFICE OF TERENCE K. WONG
By
Terence K. Wong
WSBA No. 24502
Attorneys for Estate of Tuey Ming Liu
WILLIAMS KASTNER & GIBBS
(7
By .
Ad/
"./Arley Harrel
WSBA No. 05170
Attorneys for Cederlind Real Estate
AGREED DECREE OF APPROPRIATION - 6
KENYON
DISEND
Kenyon Disend, PLLC
The Municipal Law Firm
I I Front Street South
Issaquah,WA 98027-3820
Tel: (425) 392-7090
Fax: (425) 392-7071
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KING COUNTY PROSECUTING
ATTORNEY
By
Jenifer C. Merkel I
WSBA No. 34472
Attorneys for King County
1 Respondent King County has indicated that it will not be participating in this case. The County's interest
is the collection of taxes and fees, was satisfied upon entry of the Order Granting Possession and Use and
Disbursement Order was entered on October 19, 2018.
AGREED 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
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EXHIBIT A
LEGAL DESCRIPTION:
PARCEL A:
THAT PORTION OF LOT 28 LYING WEST OF STATE
HIGHWAY;
EXCEPT THE NORTH 75 FEET THEREOF;
THE SOUTH 75 FEET OF THE NORTH 150 FEET OF
LOT 29;
EXCEPT PORTION THEREOF IN STATE HIGHWAY;
AND THE SOUTH 85 FEET OF THE NORTH 160 FEET
OF LOT 30; ALL IN BLOCK 2, FIRST ADDITION TO
ADAMS HOME TRACTS, ACCORDING TO THE PLAT
THEREOF RECORDED IN VOLUME 12 OF PLATS,
PAGE 50, RECORDS OF KING COUNTY,
WASHINGTON.
PARCEL B:
LOT 30, BLOCK 2, FIRST ADDITION TO ADAMS
HOME TRACTS, ACCORDING TO TI -IE PLAT
THEREOF RECORDED IN VOLUME 12 OF PLATS,
PAGE 50, RECORDS OF KING COUNTY,
WASHINGTON;
EXCEPT THE NORTH 160 FEET THEREOF; AND
EXCEPT THE SOUTH 5 FEET OF SAID LOT 30;
AND EXCEPT THE NORTH 5 FEET OF THE SOUTH 10
FEET OF THE WEST 120 FEET OF SAID LOT
30, AS CONVEYED TO KING COUNTY FOR ROAD
PURPOSES BY DEED RECORDED UNDER
RECORDING NO. 5633086.
AGREED DECREE OF APPROPRIATION - 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
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EXHIBIT 13
nr
)
AGREED DECREE OF APPROPRIATION - 9
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
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AGREED DECREE OF APPROPRIATION - 10
EXHIBIT C
KENYAN
DISEND
Kenyon Disend, PLLC
The Municipal Law Firm
I I Front Street South
Issaquah,WA 98027-3820
Tel: (425) 392-7090
Fax: (425) 392-7071
When recorded return to:
City Clerk
City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
EASEMENT AGREEMENT FOR BUILDING MAINTENANCE, REPAIR, AND
REPLACEMENT
This Easement Agreement for Building Maintenance, Repair and Replacement (this "Easement
Agreement") is made this day of March, 2019, by and between City of Tukwila, (the
"Grantor"), and Cederlind Real Estate L.L.C. ("Grantee"). Grantor and Grantee may be referred
to herein individually as a "Party" or collectively as the "Parties."
RECITALS
A. Grantor owns the real property located at 14845 International Boulevard in Tukwila,
Washington, King County Parcel No. 004100-0335(the "Burdened -Property"), legally
described as follows:
Lot 30, Block 2, First Addition to Adams Home Tracts, according
to plat recorded in Volume 12 of Plats, Page 50, records of King
County, Washington.
B. Grantee owns abutting real property located at 14828 Military Road South, King County
Parcel No. 004100-0070 (the "Benefitted Property"), and legally described as follows:
Lot 2, and the South 18.6 feet of Lot 3, Block 2, First Addition to
Adams Home Tracts, according to the plat recorded in Volume 12
of plats, page 50, in King County, Washington.
C. The Burdened Property and the Benefited Property may be collectively referred to herein as
the "Properties."
AGREEMENTS
In consideration of the mutual promises of Grantor and Grantee and other consideration, the
receipt and adequacy of which is acknowledged, the Grantor and Grantee agree as follows:
Grant of Easement for Maintenance. Grantor grants, warrants and conveys to Grantee, its
successors and assigns, a permanent, non-exclusive, rent-free easement for building maintenance
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EXHIBIT C
and repair, and building replacement in the event of accidental destruction, damage or
redevelopment of Grantee's property (the "Easement"), over that portion of Grantor's property
abutting the east margin of the Benefited Property (the "Easement Area"). The Easement Area is
legally described and depicted as set forth in Exhibit A hereto.
1. Maintenance of Easement Area. Grantee shall maintain the Easement Area free
and clear of all obstructions and debris and provide landscaping with ground cover in a manner
consistent with maintenance occurring as of the date of this Easement Agreement at no cost or
expense to Grantor, unless Grantor exercises its right to use the easement as a walkway and for
landscaping according to following Section 2 of this Easement Agreement, and if so,
maintenance of City installed improvements is City responsibility. Grantee is responsible for
repair or replacement of any Grantor improvements installed within the Easement Area that are
damaged or removed during Grantee's use of the Easement Area.
2. Grantor's Use of Easement Area. Grantor may use the property within the
Easement Area, so long as Grantor's use does not interfere with Grantee's use of the Easement
Area. This explicitly includes the right of Grantor to pave the easement area to be used as a
walkway and for landscaping. The finish elevation of the Grantor walkway, if constructed, shall
be a maximum of two inches above the elevation of Grantee's property as measured along the
west margin of the walkway. Grantee may temporarily obstruct Grantor's walkway, if
constructed, for exercise of purposes specified by the Grant of Easement. Grantor shall have free
and unhampered use of all sub -surface areas of the Property within the Easement Area as long as
such use does not unnecessarily interfere with Grantee's use of the Easement Area for the
purposes specified herein.
3. Release of Prior Easement. Upon recording of this Easement Agreement an
existing maintenance easement established by Stipulation and Settlement Agreement dated July
11, 1984, King County Superior Court Cause No. 81-2-13992-2, is rescinded by agreement of
the Parties. The Stipulation referenced herein is attached as Exhibit B to this Easement
Agreement.
4. Recinrocal Renresentations and Indemnifications. The Parties shall exercise their
respective rights under this Easement in accordance with the requirements of all applicable
statutes, orders, rules and regulations of any public authority having jurisdiction. Each Party
shall indemnify the other Party from and against any and all claims, costs, liabilities, and/or
damages that arise from the exercise of the rights granted in this Easement Agreement by the
Parties, their agents, contractors and permittees to the extent such claims, costs, liabilities and/or
damages are caused by an act or omission of the Parties, their agents, contractors and permittees.
To the extent permitted by RCW 4.24.115 the obligations under this reciprocal indemnity shall
not apply to the extent that any such claims, costs, liabilities and/or damages arise from the
negligence of a Party, or a Party's employees, agents, contractors, tenants, guests and/or invitees.
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5. General Provisions.
A. Term of Easement. The term of this Easement Agreement shall commence as of
the date of this Easement Agreement and shall remain in effect in perpetuity until
rescinded by mutual agreement of the Parties.
B. Dispute Resolution. If a dispute arises between Grantor and Grantee, the parties
agree that they will attempt to resolve the dispute through mutual negotiation. In the
event that the parties are not able to reach an agreement through such negotiation, the
parties agree to engage in mediation in order to resolve the dispute. Mediation may be
requested by either party or shall be attempted prior to the institution of any lawsuit
arising from this Easement Agreement; provided, however that either party may seek
injunctive or other legal or equitable relief, including specific performance, without any
requirement to negotiate or mediate in the event of an emergency or if the other party
fails or refuses to negotiate or mediate the dispute. If the dispute results in a Iawsuit, the
substantially prevailing party shall be entitled to and awarded its reasonable attorneys'
fees and costs incurred for the lawsuit, including on appeal and in the collection of any
award. Each party agrees in the event of a lawsuit that damages may be an insufficient
remedy and consents to the imposition of injunctive relief.
C. Covenant Running with the Land. The easements granted, and the covenants and
agreements contained in this Easement Agreement shall be covenants running with the
land and shall be binding upon both the Burdened Property and the Benefited Property
and upon each Party's successors and assigns.
D. General. Time is of the essence. Washington law shall apply.
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CITY OF TUKWILA
< ,
sem, r r __.
r / —r
By: Allan Ekberg
Its: Mayor
STATE OF WASHINGTON
)
COUNTY OF KING )
ss.
I certify that I know or have satisfactory evidence that (name of
person) is the person who appeared before me, and said person acknowledged that((helshe) signed this
instrument, on oath stated that ,(iieishe) was authorized to execute the instrument and acknowledged it as the
(type of authority, e.g., officer, trustee, etc.) of the City of Tukwila to be the free
and voluntary act of such party for the uses and purposes mentioned in the instrument.
,,-,
DATED this t' day of
STATE OF WASHINGTON
COUNTY OF KING
) ss.
, 2019.
l . •/ t t 1
Name: �.
Notary Public in and for the state of
Washington, residing at •
My appointment expires a. - •; .�
I certify that I know or have satisfactory evidence that James D. Cederlind is the person who appeared
before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was
authorized to execute the instrument and acknowledged it as the Managing Member of Cederlind Real Estate
LLC to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
DATED this 1 , day of Ar,.rc-,ice
AARON KRIEGER
Notary Public
State of Washington
My Appointment Expires
Apr21,2021
2019.
4
•
Name: ' / 4r", ,•-
Notary Public in and fore state of
Washington, residing at J ,,r
My appointment expires-�!
| BARBARA MINER, Clerk o/the Superior Court dthe State ofWashington
for King County, dohereby certify that this copy isutrue and perfect transcript
ofsaid original nnitappears unfile and ofrecord inmyoffice and u(the whole
thereof. |NTESTIMONY WHEREOF, | have affixed this seal ofsaid Superior
Court utmyoffice at Seattle unthis date
°
| BARBARA MINER, Clerk o/the Superior Court dthe State ofWashington
for King County, dohereby certify that this copy isutrue and perfect transcript
ofsaid original nnitappears unfile and ofrecord inmyoffice and u(the whole
thereof. |NTESTIMONY WHEREOF, | have affixed this seal ofsaid Superior
Court utmyoffice at Seattle unthis date