HomeMy WebLinkAbout2018 - Judgment and Decree of Appropriation - Yong Sin Kang / City of Tukwila - 20181022000224Return Address:
Kenyon Disend, P11 C
11 Front Street Solidi
Icsaquah, WA 98077
1111 IHI 111111 1111 1111 111111 Hill 01111111111101
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JUDGMENT Rec: $106.00
10/22/2018 9:43 AM
KING COUNTY, WA
PIeaseprintorlypeinforrnatou 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 . Agreed Judgment and Decree nf Apprnpriation 2.
3. 4.
Reference Number(s) of Documents assigned or released:
Additional reference #'s on page of document
Grantor(s) (Last name, first name, initials)
1. Yong Sin Kai g ,
2. ,
Additional names on page of document.
Grantee(s) (Last name first, then first name and initials)
1. City of Tukwill
2. ,
Additional names on page of document.
Legal description (abbreviated: i.e. lot, block, plat or section, township, range)
1 t:It 4 RInrk 4, Vnliime 17 (If Plats
Additional legal is on page 6 of document.
Assessor's Property Tax Parcel/Account Number [i] Assessor Tax # not yet
assigned
5 13
_(10_411)0-1)
The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to
verify the accuracy or completeness of the indexing information provided herein.
I am requesting an emergency nonstandard recording for an additional fee as provided in RCW
36.18.010. 1 understand that the recording processing requirements may cover up or otherwise
obscure some part of the text of the original document.
Signature of Requesting Party
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Hon. Andrea Darvas
SUPERIOR COURT OF WASHINGTON FOR KING COUNTY
CITY OF TUKWILA, a Washington
municipal corporation,
Petitioner,
vs.
YONG SIN KANG, an individual; EDI
INTERNATIONAL LLC, a Washington
limited liability company; INTER UNITED
FC, a Washington non-profit corporation;
NEJAT IDRIS WERKYE, dba NEJU
CAFE, a sole proprietorship; AZHAAR,
LLC, a Washington limited liability
company; LAURA CRUZ-CERVANTES,
dba COLOR Y ESTILO SALON, a sole
proprietorship; MUNA GROCERY AND
IMPORT LLC, a Washington limited
liability company; SHARIF S. OSMAN,
dba TUKWILA GIFT SHOP, a sole
proprietorship; XALWO KISMAAYO
LLC, a Washington limited liability
company; YONG SIN KANG, dba YONG
SIN KANG MOTORS, a sole
proprietorship; and KING COUNTY,
Res • =dents.
AGREED JUDGMENT AND DECREE OF
APPROPRIATION -1
NO. 17-2-32355-1 KNT
AGREED JUDGMENT AND
DECREE OF APPROPRIATION
(Clerk's Action Required)
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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I. JUDGMENT SUMMARY
1. Judgment Creditor:
2. Judgment Debtor:
3. Total Judgment:
4. Attomeys for Judgment Creditor:
5. Attorneys for Judgment Debtor:
Yong Sin Kang
City ofTukwila
$660,000.00
Stephen Hokanson
Rachel B. Turpin
Kenyon Disend, PLLC
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
owner Yong Sin Kang, whose property is known as King County Parcel No. 004100-0513
("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.
AGREED JUDGMENT AND DECREE OF
APPROPRIATION -2
KENYON
MEND
Kenyon Disend, PLLC
The Municipal Law Firm
II Front Street South
Issaquah,WA 98027-3820
Tel: (425) 392-7090
Fax: (425) 392-7071
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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 shall
pay a total of Six Hundred Sixty Thousand and No/100 Dollars ($660,000.00) as full and
final Just Compensation for the appropriation of the Take Property by eminent domain.
EDI International LLC and Nejat Idris Werkye dba Neju Cafe were defaulted on
February 9, 2018. Muna Grocery and Import LLC was defaulted on February 13, 2018.
Inter United FC; Azhaar, LLC; Laura Cruz -Cervantes dba Color Y Estilo Hair Salon; and
Xalwo Kismaayo LLC were defaulted on April 12, 2018, Yong Sin Kang dba Yong Sin
Kang Motors was dismissed on March 21, 2018 and Sharif S. Osman, dba Tukwila Gift
Shop, was dismissed by Amended Petition on April 13, 2018.
5. Inter United FC leased a portion of the Take Property and its lease expired on
February 28, 2018. Azhaar, LLC leases a portion of the Take Property and its lease expires
on Oct 31, 2018. Laura Cruz -Cervantes, dba Color Y Estilo Hair Salon, leases a portion
of the Take Property and her lease expires on November 14, 2018. Muna Grocery and
Import LLC leases a portion of the Take Property and its lease expires on November 30,
2018.
6. This Agreed Judgment and Decree of Appropriation ("Agreed Judgment"),
shall be effective on the date that the City deposits the Just Compensation sum of
$660,000.00 (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").
7. This Agreed Judgment also constitutes the adjudication of public use and
necessity for the Project.
AGREED JUDGMENT AND DECREE OF
APPROPRIATION -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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8. 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. 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'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 Respondent Yong Sin Kang and his tenants described in section 5 or otherwise.
The City disclaims any remaining interest in the Just Compensation following entry of this
Judgment and Decree.
10. The King County Superior Court Clerk shall disburse the Just Compensation
amount of Six Hundred Sixty Thousand and No/100 Dollars ($660,000.00) as follows:
a. The sum of $1,772.60 to the King County Treasury for payment of the second
half 2018 real property taxes on the parcel that has been appropriated (Tax Parcel
0041000513). This payment shall satisfy King County's interest in unpaid taxes owing on
the Take Property.' Respondent Yong Sin Kang shall have the right to seek and obtain a
reimbursement from the King County Treasurer for all 2nd half taxes which are paid and
apportioned to the period after entry of this Decree; and
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, which is accommodated herein.
AGREED JUDGMENT AND DECREE OF
APPROPRIATION -4
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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b. The balance, less the clerk's ten -dollar handling fee, to Respondent Yong Sin
Kang, which amount shall be delivered in a check payable to the "Chae Law Firm P.S.
Trust Account," and mailed to the following address: Chae Law Firm P.S., 15 South Grady
Way, Suite 410, Renton, Washington 98057.
11. The City shall record a certified copy of this Agreed Judgment and Decree of
Appropriation in the Office of the King County Recorder.
Presented by:
KENYON D1SEND, PLLC
By:
Judge Andrea Darvas
(As 6A- zi2111
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Rachel B. Turpin
WSBA No. 40007
Kim Adams Pratt
WSBA No. 19798
Attorneys for City of Tukwila
Copy Received; Agreed and Approved for Entry;
Notice of Presentation Waived:
CHAE LAW FIRM P.S.
By
Stephen P. okanson
WSBA No. 48519
Attorneys for Yong Sin Kang
AGREED JUDGMENT AND DECREE OF
APPROPRIATION -5
KENYON
DISEND
Kenyon Disend, PLLC
The Municipal Law Firm
1 1 Front Street South
Issaquah,VVA 98027-3820
Tel: (425) 392-7090
Fax: (425) 392-7071
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EXHIBIT A
LEGAL DESCRIPTION:
PORTION OF LOT 4, BLOCK 4, FIRST ADDITION TO ADAMS
HOME TRACTS, ACCORDING TO THE PLAT THEREOF
RECORDED 1N VOLUME 12 OF PLATS, PAGE 50, RECORDS OF
KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 4;
THENCE NORTH 0°34'50" EST ALONG THE WEST LINE OF SAID
LOT 51.06 FEET, MORE OR LESS, TO THE NORTHWES l"ERLY
PROJECTION OF THE SOUTHERLY LINE OF EXISTING CLINIC
BUILDING;
THENCE SOUTH 72°14'35" EAST ALONG SAID BUILDING LINE,
AND THE SAME PRODUCED TO THE WESTERLY LINE OF
PACIFIC HIGHWAY SOUTH AS CONVEYED TO THE STATE OF
WASHINGTON BY DEED RECORDED UNDER AUDITOR'S FILE
NO. 2014217;
THENCE SOUTH 20°08'50" WEST ALONG SAID HIGHWAY LINE
TO THE SOUTH LINE OF SAID LOT 4;
THENCE NORTH 87°53'04" WEST 52.48 FEET TO THE POINT OF
BEGINNING.
AGREED JUDGMENT AND DECREE OF
APPROPRIATION - 6
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 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. 17-2-32355-1.
AGREED JUDGMENT AND DECREE OF
APPROPRIATION - 7
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