HomeMy WebLinkAbout2018 - Judgment and Decree of Appropriation - Gerald J. Kern / Carol A. Kern / City of Tukwila - 20181115000330Return Address:
Rachel B. Turpin, Esq.
Kenyon Disend, PLLC
11 Front Street South
Issaquah, WA 98027104905
11131111111111111111111111111
20181115000330
JUDGMENT Rec: $10800
11/15/2018 10:55 AM
KING COUNTY WA
Please print or t 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 2.
3. 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. Gerald J. Kern
2. Carol A. Kern
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 1; block 4, section, township, range NW -22-23-4
Additional legal is on page 7 of document.
Assessor's Property Tax Parcel/Account Number LI Assessor Tax # not yet
assigned
004100-0514
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, 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
31679386
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FILED
KING COUNTY, WASHINGTON
NOV 1 2 018
SUPERIOR POTURT CLERK
0
4007,1
AA'Ne,
SUPERIOR COURT OF WASHINGTON FOR KING COUNTY
CITY OF TUKWILA,
vs.
GERALD J. KERN and CAROL A. KE
et al.,
. Judgment Creditors:
NO. 17-2-31766-7 KNT
AGREED JUDGMENT AND
DECREE OF APPROPRIATION
AND DISBURSEMENT ORDER
(Clerk's Action Required)
L JUDGMENT SUMMARY
2. Judgment Debtor:
3. Total Judgment for Take:
4. Statutory Consultant Fee:
5. Total Judgment:
6. Attorneys for Judgment Creditors:
7. Attorneys for Judgment Debtors:
Gerald J. Kem
Carol A. Kern
City ofTukwila
$500,000.00
$750.00
$50050.00
Daryl A. Deutsch
Rodgers Deutsch & Turner, PLLC
Rachel B. Turpin
Kenyon Disend, PLLC
II. AGREED JUDGMENT AND DECRE
ORDER OFDISBURSEMENT
E OF APPROPRIATION AND
The Court, having reviewed the records, files, and pleadings herein, it is now,
therefore;
AGREED JUDGMENT AND DECREE OF
APPROPRIATION - 1
KENYON
D1SEND,
Kenyon Disend, PLLC
The Municipal Law Firm
11 Front Street South
Issaquah,WA 98027-3820
TeL (425) 392-7090
. Fax: (425) 392-7071
31679386
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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
(collectivelyherein "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. An Order Adjudicating Public Use and Necessity
for the Justice Center was entered on September 14, 201g.
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 Gerald J. Kern and Carol A. Kern, husband and wife (collectively "Kern"), whose
property is located at 15006 Military Road South, Tukwila, Washington 98188, in Tukwila,
Washington, also known as King County Parcel No. 004100-0514 ("Take Property"), is
necessary fora public purpose. The Take Property is legally described in Exhibit A and
depicted in Exhibit B, both attached hereto.
3. 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.
4. The City shall pay a total 'of Five Hundred Thousand and No/100 Dollars
($00,000.00) as full and final Just Compensation for the appropriation of the Take
AGREED JUDGMENT AND DECREE OF
APPROPRIATION -2
KENYON
DISEND
Kenyon Dlsend, PLLC
The Murildpal Law Firm
11 Front Street South
Issaquah.WA 98027-3820
Tel: (425) 392-7090
Fax: (425) 392-7071
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Property by exercise of its power of eminent domain, plus $750.00 as statutory
reimbursement for the Kerns' evaluation fee.
5. Respondents Dahabshil, Inc., and Sunstar Traders, Inc., were defaulted on
February 6, 2018 and February 22, 2018, respectively. Respondents Dahabshil, Inc. and
A Z Trading, Inc., dba Fresh & Green, each lease a portion of the property. Respondent
King County holds an interest in general and special taxes. and charges on the Take
Property, which interest is addressed in Paragraph 10 herein. Respondents Kern are
entitled to the entire award of Just Compensation.
6. This Agreed Judgment and Decree of Appropriation and Disbursement Order
("Agreed Judgment"), shall be effective on the day that the City deposits the Just
Compensation sum of $500,000.00 (USD), plus the Clerk's ten -dollar ($10.00). handl ing
fee, into the registry of the Court, which deposit shall be made contemporaneously with
or promptly after the date on which this Agreed Judgment is filed for entry with the Court.
7. Upon deposit of the Just Compensation into the Court's registry, 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 attached 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.
8. The City will allow Respondents Dahabshil Inc. and A Z Trading, Inc., dba
Fresh & Green, to remain on the Take Property through March 30, 2019, provided
Respondents Dahabshil Inc. and A Z Trading, Inc., dba Fresh & Green, each enter into a
AGREED JUDGMENT AND DECREE OF
APPROPRIATION -3
KENYON
.D1§END
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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• new lease agreement with City, upon terms acceptable to the City and consistent with the
City's Settlement Agreement with Respondents Dahabshil Inc. and A Z Trading, Inc., dba
Fresh & Green, within fifteen (15) days of entry of this Agreed Judgment. 4n no event
shall Respondent A Z Trading, Inc., dba Fresh & Green, remain on the property on or after
April 1, 2019.
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,
and to pay the statutory evaluation fee of $750.00 to Respondents Gerard J. Kem and Carol
A. Kem, which fee shall be paid directly to said respondents without deposit to the court.
10. The King County Superior Court Clerk shall disburse the Just Compensation as
follows:
a. Five Hundred Thousand and No/100 Dollars ($500,000.00), less the clerk's
handling fee, in a check payable to respondents "Gerard J. and Carol A. Kern," and mailed
to the following address: 2402 - 80th Ave NE, Medina, WA 98039.
b. No funds shall be paid to the King County Treasurer since all property taxes
owing for 2018 on the parcel being appropriated (Parcel No. 004100-0514) have been paid
in full. Respondents Kern 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
11. The City shall record a certified copy of this Agreed Judgment and Decree of
Appropriation in the Office of the King County Recorder.
AGREED JUDGMENT AND DECREE OF
APPROPRIATION -4
• ,
KENYON
DISEND
• Kenyon bisend, PLLC
The Municipal Law Firm
1 1 Front Street South
Issaquah,WA 98027-3820
Tel; (425) 392-7090
Fax (425) 392-7071
31679386
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DATED this / day of Nei%
Presented by:
KENYON DIS END, PLLC
By:- / (// -
Rachel B. Turpin
WSBA No. 40007
Attorneys for City of Tukwila
2018..
")
Copy Received; Agreed and Approved for Entry;
Notice of Presentation Waived:
RODGERS DEUTSCH & TURNER, PLLC
\
By
Daryl A. Deutsch
WSBA No. 11003
Attorneys for Gerard and Carol Kern
INSLEE, BEST, DOEZ6 & YDE
Kinnon Williams, WSBANo. 16201
Christopher W. Pirnke, WSBA No. 44378
Attorneys for Dahabshil Inc. and A Z Trading,
dba Fresh' & Green
AGREED JUDGMENT AND DECREE OF
APPROPRIATION -5
,',.1•T•t.r419"ivirtlay
Kenyon Mend, PLLC
The Municipal Law Rrm
11 Front Street South
Issaquah.WA 98027-3820
Tel: (425) 392-709D
Fax; (425) 392-7071
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DANIEL T. SATTERBERG
King County Prosecuting Attorney
By
Jenifer C. Merkel'
WSBA No. 34472
John F. Briggs
WSBA No. 24301
Senior Deputy Prosecuting Attorney
The City received an e-mail from Ms. Merkel on December 21, 2017, stating, "The County declines to sign." However,
thc County's interest in any unpaid taxes has been accounted for as explained in Paragraph 10, above.
AGREED JUDGMENT AND DECREE OF
APPROPRIATION -6
KENYON
DISEND,
Kenyon Disend,PLLC
The Munldpal Law Firm
11 Front Street South
Issaquah;WA 98027-3820
Tel: (425) 392-7090 -
Fax (425) 392-7071
31679386
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EXHIBIT A
LEGAL DESCRIPTION:
THAT PORTION OF LOTS 1 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°01'58" EAST 87.09 FFF.T TO THE
TRUE POINT OF BEGLNNING;
THENCE NORTH 88°01'58" WEST 87.09 FEET;
THENCE NORTHERLY.ALONG SAID WEST LINE TO
A POINT OF CURVATURE ON THE ARC OF A CIRCLE
WITH A RADIUS OF 30 FEET WHICH IS TANGENT TO
THE EASTERLY RIGHT OF WAY LINE OF MILITARY
ROAD SOUTH AND A LINE WHICH IS 30 FEET
SOUTHERLY OF AND PARALLEL TO THE
CENTERLINE OF SOUTH 150TH STREET;
THENCE ALONG THE ARC OF SAID CURVE TO THE
RIGHT TO A POINT OF TANGENCY LOCATED ON A
LINE PARALLEL TO AND 10 FEET SOUTH OF THE
NORTH LINE OF SAID BLOCK 4; THENCE ALONG
SAID NORTH LINE TO A POINT NORTH 01°26'02"
EAST FROM THE TRUE POINT OF BEGINNING;
THENCE SOUTH 01°26'02" WEST 122- FEET TO THE
1RUE POINT OF BEGINNING.
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
31679386
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EXHIBIT B
AGREED JUDGMENT AND DECREE OF
APPROPRIATION - 8
Kenyan Disend, PLLC
The Municipal Law Firm'
11 Front Street South
Issaquah,WA 98027-3820
Tel: (425) 392-7090
Fax: (425) 392-7071
RBARA MINER Ci, A Of the Superior Court of the State ofWashington
• :no County do hereby certify that this cop/ is a true and perfect transcript
-1 original as it appears on file and of ecurd n mv office and of the whole
N TESTIMONY WHEREGF a Wilbsegl ilyiSuperior
my office at Seattle on this dale
BARBARA MINER Si. Court Clerk
Bv
Dep y Clerk