HomeMy WebLinkAbout2018 - Judgment and Decree of Appropriation - Riverton Business Rentals, LLC / City of Tukwila - 20180925000297Return Address:
Rachel B. Turpin, Esq.
Kenyon Disend, PLLC
11 Front Street South
Issaquah, WA 98027104905
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20180925000297
JUDGMENT Rec: $106.00
9/25/2018 10:33 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 ofi Appropriation 2.
3. 4.
Reference Number(s) of Documents assigned or released:
Additional reference #'s on page of document
Grantor(s) Exactly as name(s) appear on document
I . Riverton Business Rentals, L.L.C.
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)
Plat Lot 1-4, Block 4
Additional legal is on Exhibit A of document.
Assessor's Property Tax Parcel/Account Number D Assessor Tax # not yet
assigned
004100-0515
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.
"1 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, 1 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
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SUPERIOR C015RT OF WAS H1N
CITY OF TUKWILA, a municipal
corporation,
Petitioner,
vs.
SUKIICHNIN S. BANWAff and DONNA.
GREEN, Members/Managers of
RIVERTON BUSINESS RENTALS,
an inactive Washington limited
liability company; and KING COUNTY,
1. Judgment Creditors:
TON FOR KING COUNTY
NO. 17-2-3170-'31(NT
AGREED JUDGMENT AND
DECREE OF APPROPRIATION
AND DISBURSEMENT ORDER
12.01/is C.4,-1-y-e_a:tat;;A 0_04A.14._ rgt.uubef
(Clerk's Action Required)
Revondents.
I. JUDGMENT SUMMARY
2. Judgment Debtor:
3. Total Judgment:
4. Attorneys for Judgment Creditors:
5. Attorneys for judgment Debtor:
AGREED JUDGMENT AND DECREE OF
APPROPRIATION AND DISBURSEMENT
ORDER- 1
Sukhchain S. Banwait and Donna
Green
City of Tukwila
$890,000.00
Robert P. McDonald
Regimbal, McDonald & Young, PLLC
Rachel 13. Turpin
Kendra R. Comeau
Kenyon Disend, PLLC
Kenyon Dkend, PLC
The MunicipAl Law Firm
11 Front Street: South
Issaquah,WA 98027-3820
Tel: (425) 392-7090
Fax: (425) 392-7071
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II. AGREED JUDGMENT AND 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
owners Sukhchain S. Banwait and Donna Green, whose property is known as King County
Parcel No. 004100-0515 ("Take Property"), is necessary for a public purpose.
3. The Take Property is legally described in Exhibit A and depicted in Exhibit B,
both 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.
AGREED JUDGMENT AND DECREE OF
APPROPRIATION AND DISBURSEMENT
ORDER -2
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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5. The City shall pay a total of Eight Hundred Ninety Thousand and No/100
Dollars ($890,000.00) as full and final Just Compensation for the appropriation of the
Take Property by eminent domain in this case.
6. This Agreed Judgment and Decree of Appropriation and Disbursement Order
("Agreed Judgment"), shall be effective on the date that the City deposits the Just
Compensation sum of $890,000.00 (USD), plus the Clerk's ten -dollar ($10.00) handling
fee, into the registry of the Court and this Agreed Order is filed for entry with the Court
("Effective Date").
7. This Agreed Judgment also constitutes the adjudication of public use and
necessity for the Project.
8. 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, this matter may be removed from the Court's trial calendar. Entry of
this Agreed Judgment fully resolves all claims in this matter with respect to the Take
Property.
9. The City disclaims any remaining interest in the Just Compensation. The City
of Tukwila's sole remaining obligation in this matter is to make the deposit specified above
to Respondents Sukhchain S. Banwait and Donna Green.
10. The King County Superior Court Clerk shall disburse the Just Compensation
amount of Eight Hundred Ninety Thousand Ten and No/100 Dollars ($890,010.00), less
the clerk's ten -dollar handling fee, to Respondents Sukhchain S. Banwait and Donna
AGREED JUDGMENT AND DECREE OF
APPROPRIATION AND DISBURSEMENT
ORDER -3
KENYON
DISEND
Kenyon Disend, PLLC
The Municipal Law Firm
1 I 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:
Ra e B. urpin
WSBA No. 40007
Kendra R. Comeau
WSBA No. 44581
Attorneys for City of Tukwila
Copy Received; Agreed and Approved for Entry;
Notice of Presentation Waived:
REGIMBAL, McDONALD & YOUNG, PLLC
By
o )ert P. McDonald
WSBA No. 20534
Attorneys for Sukhchain S. Banwait and Donna
Green
AGREED JUDGMENT AND DECREE OF
APPROPRIATION AND DISBURSEMENT
ORDER -5
DJNP
Kenyon Disend, PLLC
The Municipal Law Firm
I I Front Street South
Issaquah,WA 98027-3820
Tel: (425) 392-7090
Fax: (425) 392-7071
Green, which amount shall be delivered in a check payable to the "Regimbal, McDonald
& Young, PLLC Trust Account," and mailed to the following address: Regimbal,
McDonald & Young, PLLC, 612 South 227th Street, Des Moines, Washington 98198-
6826. Payment of the first half of the 2018 real property taxes on Parcel No 004100-0515
has been made. The City shall be responsible for payment to King County of the second
half of the 2018 real property taxes, provided the Effective Date of this Agreed Judgement
and Decree of Appropriation occurs prior to October I, 2018.
11. The City shall record a certified copy of this Agreed Judgment and Decree of
Appropriation in the Office of the King County Recorder.
10 Y.-
1 this 7 day 01
2018.
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AGREED JUDGMENT AND DECREE OF
APPROPRIATION AND DISBURSEMENT
ORDER - 4
Judge Andrea Darvas
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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EXHIBIT A
LEGAL DESCRIPTION:
THAT PORTION OF LOTS 1 AND 4 IN BLOCK 4 OF ADAMS HOME TRACTS
FIRST ADDITION, ACCORDING TO PLAT IN VOLUME 12 OF PLATS AT PAGE
50, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1;
THENCE NORTH 04°36'00" WEST ALONG THE WEST LINE OF SAID LOT 1,
116.36 FEET;
THENCE SOUTH 88°0158" EAST 87.09 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE CONTINUING SOUTH 88°0158" EAST 103.83 FEET;
THENCE NORTH O1°05'55" EAST 36 FEET;
THENCE SOUTH 88°01'58" EAST 76.10 FEET TO THE MOST WESTERLY
CORNER OF A TRACT OF LAND CONVEYED TO DONALD R. HENKLE BY
DEED RECORDED UNDER RECORDING NO. 8709101107;
THENCE NORTH 20°1138" EAST 90.54 FEET TO THE MOST NORTHWESTERLY
CORNER OF SAID HENKLE TRACT, SAID CORNER BEING A POINT ON A LINE
PARALLEL WITH AND 10 FEET SOUTH OF THE NORTH LINE OF SAID BLOCK
4, WHICH IS 113.17 FEET WESTERLY MEASURED ALONG SAID LINE FROM
THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF PACIFIC
HIGHWAY SOUTH;
THENCE WESTERLY ALONG SAID LINE PARALLEL WITH AND 10 FEET
SOUTH OF THE NORTH LINE OF SAID BLOCK A TO A POINT NORTH 01°2602"
EAST FROM THE TRUE POINT OF BEGINNING;
THENCE SOUTH 01°2602" WEST 122 FEET TO THE TRUE POINT OF
BEGINNING;
(ALSO KNOWN AS A PORTION OF KING COUNTY LOT LINE ADJUSTMENT
NO. 8610026).
AGREED JUDGMENT AND DECREE OF
APPROPRIATION AND DISBURSEMENT
ORDER -6
KENYON
DISEND
Kenyon Disend, PLLC
The Municipal Law Firm
I I Front Street South
I ssaq uah, WA 98027-3820
Tel: (425) 392-7090
Fax: (425) 392-7071
EXHIBIT B
KING COUNTY RECORDER'S OFFICE IS UNABLE TO RECORD DOCUMENTS
THAT CONTAIN PHOTOS. TO VIEW THIS EXHIBIT, SEE KING COUNTY
SUPERIOR COURT CAUSE NO, 17-2-31768-3, DOCKET NO, 31.
AGREED JUDGMENT AND DECREE OF
APPROPRIATION AND DISBURSEMENT
ORDER -7
KNYQI
Kenyon Disend, PLLC
The Municipal Law Firm
I I Front Street South
Issaquah,WA 98027-3820
Tel: (425) 392-7090
Fax: (425) 392-707