HomeMy WebLinkAbout13-118 - Anderson Adam - Settlement Agreement and Release of All Claims13-118
Council Approval N/A
SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS
THIS AGREEMENT is entered into by and between Adam Kenneth Anderson (hereinafter
"Anderson "), by and through his attorney, Kent Bratt, and the City of Tukwila (hereinafter "City ").
I. RECITALS
A. Pursuant to RCW 69.50.505, the City seized approximately $3,419.00 belonging to
Anderson. Various documents belonging to Anderson were also taken as evidence pursuant to a
search warrant. Pursuant to RCW 69.50.505, Anderson filed a claim of ownership with the City
and filed a Petition for Release of Seized Property in King County District Court, South Division,
Renton, under Cause No. 134 -273.
B. Anderson and the City now desire to settle the litigation, thus putting an end to any
further appeals or other proceedings associated with the seizure and forfeiture.
NOW THEREFORE, for the reasons recited above, and in consideration of the mutual
covenants contained in this Agreement, Anderson and the City agree as follows:
II. AGREEMENT and RELEASE
1. Anderson and the City voluntarily enter into this Agreement in order to avoid further
litigation.
2. The City shall pay to Anderson approximately three thousand four hundred nineteen
dollars ($3419.00).
3. The parties understand and agree that the documents taken from Anderson pursuant to a
search warrant were taken as evidence of dominion and control, and that these evidentiary
documents will not be released to Anderson until the completion of any and all criminal
proceedings arising out of Tukwila Police Department (TPD) Case Number 13 -0278 or pursuant to
an order issued by the judge in any such criminal proceeding.
4. Anderson shall dismiss the action (King Co. District Court Cause No. 134 -273) without
an award of attorneys' fees or costs.
5. This settlement agreement and release is intended put an end to the litigation and to
cover all past and future claims, injuries, damages or losses, whether or not known to Anderson or
the City, but which may later develop or be discovered in connection with the subject matter of this
agreement. Anderson releases the City from any and all past or future claims, injuries, damages or
losses, whether known or unknown, or that may be discovered in the future.
6. This Agreement shall be construed and interpreted according to the laws of the State of
1
Washington.
7. This Agreement expresses the full and complete settlement of all claims of either party
against the other for matters arising out of the subject matter of this Agreement and contains the
entire agreement between the parties hereto, and that the terms hereof are contractual and not mere
recitals.
THIS DOCUMENT, ONCE EXECUTED, CONSTITUTES A BAR TO ANY FURTHER
LITIGATION RESULTING FROM THE SUBJECT MATTER OF THIS AGREEMENT.
IN WITNESS WHEREOF, the Parties have executed this agreement on this fl/ day
of fft, e_ ,2013.
CITY OF TUKWILA
By:
Jim ..::erton, ,dry'
By:
ADAM KENNETH ANDERSON
By: fg—g■al'oWlr5l.ffv
Kent Bratt
Attorney for Adam Kenneth Anderson
Approved as to Form:
Office of the City • ttorne_v
Rachel B. Turpin
Attorney for City of Tukwila