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HomeMy WebLinkAbout2018 - Judgment and Decree of Appropriation - Hee Yeol Kang / See Jee Kang / City of Tukwila - 20181024000520Return Address: Kenyon Disend, PLLC 11 Front Street South Issaquah, WA 98027 1111111 111 1111 11111111 111111111111111111 I/II1/I/!I!JI//IIIJIIIi 20181024000520 JUDGMENT Rec: $106.00 10/24/2018 11:48 AM KING COUNTY, WA Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (RCW 6504) Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in) 1. Judgment and Decree 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. Hee Yeol Kang , 2. See Jee Kang , Additional names on page of document. Grantee(s) (Last name first, then first name and initials) 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, Adams Home Tracts First Addition Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number 0 Assessor Tax # not yet assigned 004100-0480 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 1 4 15 16 17 18 19 20 21 22 23 24 25 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; JOHN DOE and JANE DOE, individuals; and KING COUNTY, Res.ondent NO. 17-2-31732-2 KNT AGREED JUDGMENT AND DECREE OF APPROPRIATION AND DISBURSEMENT ORDER (Clerk's Action Required) L JUDGMENT SUMMARY 1. Judgment Creditors: 2. Judgment Debtor: 3. Total Judgment: 4. Attorneys for Judgment Creditors: 5. Attorneys for Judgment Debtor: Hee Yeol Kang and See Jee Kang City of Tukwila $810,000.00 Stephen Hokanson Rachel 13. 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; AGREED JUDGMENT AND DECREE OF APPROPRIATION AND DISBURSEMENT ORDER -1 KENYON D1SEND Kenyon Disend,PLLC The Municipal Law Firm I I Front Street South Issaquah,WA 98027-3820 Tel: (425) 392-7090 Fax: (425) 392-7071 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 Hee Yeol Kang and See Jee Kang, whose property is known as King County Parcel No. 004100-0480 ("Take Property"), is necessary for a public purpose. 3. The Take Property is legally described in Exhibit A and depicted in Exhibit 13, 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. 5. The City shall pay a total of Eight Hundred Ten Thousand and No/100 Dollars ($810,000.00) as full and final Just Compensation for the appropriation of the Take Property by eminent domain in this case. John Doe and Jane Doe, aka Steve 0. Griffin and Jessica N. Masitalo, tenants on the Take Property, were defaulted on January 25, 2018, thus conveying all of the right, title and interest of those Defaulted Respondents in and to AGREED JUDGMENT AND DECREE OF APPROPRIATION AND DISBURSEMENT ORDER -2 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 the Take Property. Respondents Hee Yeol Kang and See Jee Kang 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 date that the City deposits the Just Compensation sum of $810,000.00 (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. 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. 10. 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 Hee Yeol Kang and See Jee Kang. 11. The King County Superior Court Clerk shall disburse the Just Compensation amount of Eight Hundred Ten Thousand Ten and No/100 Dollars ($810,010.00), less the clerk's ten -dollar handling fee, to Respondents Hee Yeol Kang and See Jee Kang, which amount shall be delivered in a check payable to the "Chae Law Firm P.S. Trust Account," AGREED JUDGMENT AND DECREE OF APPROPRIATION AND DISBURSEMENT ORDER -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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and mailed to the following address: Chae Law Firm P.S., 15 South Grady Way, Suite 410, Renton, Washington 98057. Payment of the first half of the 2018 real property taxes on Parcel No. 004100-0480 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 31, 2018. 12. The City shall record a certified copy of this Agreed Judgment and Decree of Appropriation in the Office of the King County Recorder. DONE this .1.2 day of 2018. 15 AGREED JUDGMENT AND DECREE OF APPROPRIATION AND DISBURSEMENT ORDER -4 KENYON D1SEND Kenyon DiseneL PLLC The Municipal Law Firm 11 Front Street South Issaquah,WA 98027-3820 Tel: (425) 392-7090 Fax: (425) 392-7071 Presented by: KENYON DISEND, PLLC By: s/k Liz achel B. Turpin WSBA No. 40007 Attorneys for City of Tukwila Copy Received; Agreed and Approved for Entry; Notice of Presentation Waived: CHAE L WF M P.S By Stephen P. Hokanson WSBA No. 48519 Attorneys for Hee Yeol Kang and See Jee Kang AGREED JUDGMENT AND DECREE OF APPROPRIATION AND DISBURSEMENT ORDER -5 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 EXHIBIT A LEGAL DESCRIPTION: THE SOUTH 90 FEET OF THE WEST 150 FEET OF LOT 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. AGREED JUDGMENT AND DECREE OF APPROPRIATION AND DISBURSEMENT ORDER -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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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. 17-2-31732-2. AGREED JUDGMENT AND DECREE OF APPROPRIATION AND DISBURSEMENT ORDER -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