HomeMy WebLinkAbout2018 - Judgment and Decree of Appropriation - Hawley Enterprises, Inc / City of Tukwila - 20180925000298Return Address:
Rachel B. Turpin, Esq.
Kenyon Disend, PLLC
11 Front Street South
Issaquah, WA 98027104905
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20180925000298
JUDGMENT Rec: $107.00
9/25/2018 10:33 AM
KING COUNTY, WA
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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 of Appropriation
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
1. Hawley Enterprises, Inc.
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)
ADAMS HOME TRS 1ST ADD PAR 2 OF TUKWILA BLA #L10-071 REC
20111019900001 SD BLA LOCATED IN LOTS 2 - 3 & 29 OF BLK 4 OF SD
PLAT - Additional legal is on Exhibit A of document.
Assessor's Property Tax Parcel/Account Number 0 Assessor Tax # not yet
assigned
004100-0494
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
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SUPERIOR COURT OF WASHINGTON FOR KING COUNTY
CITY OF TUKWILA, a municipal
corporation,
Petitioner,
vs.
HAWLEY ENTERPRISES, INC., a
Washington corporation; COLUMBIA
STATE BANK, a Washington corporation;
AMAL USA INC., a Georgia corporation;
FOOS H. BARQADLE, dba FOOS
BEAUTY SALON, a sole proprietorship;
FOWZI CORPORATION, dba MARWA
RESTAURANT, a Washington corporation;
HAVE A NICE DAY JEWELRY AND
PHONE CARD PLUS LNC, a Washington
corporation; EASY TRAVEL & TOURS
LLC, dba EASY TRAVEL & TOURISM, a
Washington limited liability company;
TAWAKAL MINI MART CORP, dba
TAWAKAL MINI MARKET, a
Washington corporation; KING COUNTY
WA'T'ER DISTRICT NO. 125, a municipal
corporation; SEATAC TT, LLC, a
Washington limited liability company; and
KING COUNTY,
Respondents.
1. Judgment Creditors;
2. Judgment 1)ebtor:
NO. 17-2-32366-7 KNT
AGREED JUDGMENT AND
DECREE OF APPROPRIATION
AND DISBURSEMENT ORDER
(Clerk's Action Required)
1. JUDGMENT SUMMARY
AGREED JUDGMENT AND DECREE OF
APPROPRIATION AND DISBURSEMENT
ORDER - I
Hawley Enterprises, Inc.
City ofTukwila
Kenyon Disend. PLLC
The Municipal Law Firni
I I Front Street South
Issaquah,WA 98027-3820
Tel: (425) 392-7090
Fax: (425) 392-7071
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3. Total Judgment:
4. Attorneys for Judgment Creditors:
5. Attorneys for Judgment Debtors:
$2,057,500
Daryl A. Deutsch
Rodgers Deutsch & Turner, PLLC
Rachel B. Turpin
Kendra R. Comeau
Kenyon Disend, PLLC
II. AGREED JUDGMENT AND DECREE OF APPROPRIATION
The Court, having reviewed the records, files, and pleadings herein, it is now,
there fore;
ORDERED, ADJUDGED AND DECREED that:
I . 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 al 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 C.ity Council established
that the acquisition of the real property and other property rights of Respondent fee simple
owner Hawley Enterprises, Inc., a Washington corporation, whose property is known as
King County Parcel No. 004100-0494 ("Take Property"), is necessary for a public purpose.
The Take Property is legally described in Exhibit A and depicted in Exhibit 13, both
attached hereto.
3. The City of Tukwila ("City") is acquiring the Take Property for the public use
AGREED AND DECREE OF
APPROPRIATION AND DISBURSEMENT
ORDER -2
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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of constructing the Justice Center component of the Project. The Take Property is
necessary for construction of the Justice Center component oldie Project.
4. The City shall pay a total of Two Million Fitly Seven Thousand Five Hundred
Dollars ($2,057,500.00) as full and final Just Compensation for the appropriation of the
Take Property by eminent domain in this case. Defaulted Respondents Fowzi Corporation
(dba Mama Restaurant), and Tawakal Mini Mart Corp. (dba Tawakal Mini Mart) hold
month to month tenancies on the Take Property, as all long term leases on the Take
Property have expired. Defaulted Respondents Amal USA, Inc., Foos H. Bargadle (dba
Foos Beauty Salon), and Have a Nice Day Jewelry and Phone Card Plus, Inc., Easy Travel
& Tours (dba Easy Travel & Tourism), are sub -tenants of the respondent month to month
tenants. Respondent Hawley Enterprises, Inc., is entitled to the entire award of Just
Compensation.'
5. 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 $2,057,500.00 (USD), plus the Clerk's ten dollar ($10) handling
fee, into the registry of the Court, which deposit shall be made contemporaneously with
or promptly after the date on which this Agreed Order is filed for entry with the Court.
6. This Agreed Judgment also constitutes the adjudication of public use and
necessity for the Project.
7. Upon such deposit 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 ofTukwila.
Orders of Default were entered against Columbia State Bank and King
January 29, 2018. An Order of Default was entered against Scalae TT, LLC
AGREED JUDGMENT ANI.) DECREE OF
APPROPRIATION AND DISBURSEMENT
ORDER -3
County Water District 125 an
on February 14, 2018.
Kenyon Disend, PLLC
The Municipal Law Firm
11 Front Street South
Issnquah,WA 98027-3820
Tel: (425) 392-7090
Fax: (425) 392-7071
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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 nutter niay 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 disclaims any remaining interest in the Just Compensation, The City
ol'Tukwila's sole remaining obligation in this matter is to make the deposit specified above,
and to pay the statutory evaluation fee of $750 to respondent Hawley Enterprises, Inc.
which fee shall be paid directly to said respondent without deposit to the court.
9. The King County Superior Court Clerk shall disburse the Just Compensation
amount of Two Million Fifty -Seven Thousand Five Hundred Dollars ($2,057,500.00) as
follows:
a. The sum of $15,493.64 to the King County Treasury for payment of the first
and second half 2018 real property taxes on the parcel that has been appropriated (Tax
Parcel 004100-0494) if the payment is made on or before August 31, 2018, or the sunt of
$15,638.44 if the payment is made after August 31, 2018. This payment shall satisfy King
County's interest in unpaid taxes owing on the Take Property.'- Respondent Hawley shall
have the right to seek and obtain a reimbursement from the King County Treasurer for all
half taxes which are paid and apportioned to the period after entry of this Decree); and
b. The balance, less the clerk's handling fee, to respondent Hawley Enterprises,
Inc., which amount shall be delivered in a check payable to the "Rodgers Deutsch & Turner
2 Respondent King County has indicated that it will not be participating in this case. The County's
interest is the collection or'tases and fees, which is accommodated herein.
a F Kenyon Disend,PLLC
AGRCI3D JUDGMENT AND D[ CREE OF "� TheMunicipal Law Firm
AI'PR PR(ATION AND DISI3URSEMEN1 11 Front Street South
O �+ IssaquatONA 98027-3820
ORDER -4 r ` Tel: (12S) 392-7090
.r .��c�sr.�,
Fax: (425) 392-7071
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Trust Account," and mailed to the following address: Rodgers Deutsch & Turner, 3 Lake
Bellevue Drive, Suite 100, Bellevue, Washington 98005.
12. The City shall record a certified copy of this Agreed Judgment and Decree of
Appropriation in the Office of the King County Recorder.
T this day of
Presented by: Judge Andrea Darvas
KENYON DISEND, PLLC
By:
/,97f8
L/K„.
Rachel B. Turpin
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:
RODGERS DEUTSCH & TURNER, PLLC
By
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Daryl A. Deutsch
WSBA No. 11003
Attorneys for Hawley Enterprises, Inc.
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
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Copy received; Agreed and Approved
for Entry; Notice of Presentation Waived:
INSLEE, BEST, DOEZIE & RYDER, P.S.
By
Kinnot(Williams
WSI3A No. 16201
Christopher W. Pirnkc
WSBA No. 44378
Attorneys for Antal USA Inc.; Foos 11.
13argadle, dbcr Foos Beauty Salon; Fowzi
Corporation, dbcr Mama Restaurant; have a
Nice Day Jewehy and Phone Card Plus Inc;
Easy Travel Tours LLC, dba Lacy Travel &
Tourism; and Tawakal Mini i1viart Coip, dim
Tawakal lldini Markel
AGREED JUDGMENT ANI) DECREE OF
APPROPRIATION AND DISBURSEMENT
ORDER - 6
Kenyon Discnd,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 A
LEGAL DESCRIPTION:
NEW PARCEL 2 OF CITY OF TUKWILA BOUNDARY
LINE ADJUSTMENT NO. L10-071, RECORDED UNDER
RECORDING NO. 20111019900001, IN KING COUNTY,
WASHINGTON.
AGREED JUDGMENT AND DECREE OF
APPROPRIATION AND DISBURSEMENT
ORDER -7
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 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. 17-2-32366-7, DOCKET NO. 70.
AGREED JUDGMENT AND DECREE OF
APPROPRIATION AND DISBURSEMENT
ORDER -8
Kenyon Disend, PLLC
The Municipal Law Firm
I I Front Street South
Issaquah,WA 98027-3820
Tel: (425) 392-7090
Fax: (425) 392-7071