Full Text
Appellant's Exhibit 25 (as referenced in June 30, 2017 Appellant WPDC Cleveland LLC's Witness and Exhibit List) ---PAGE BREAK--- 1 KING COUNTY, WASHINGTON AUG 2 1 2009 SUPER OR COURT CLERK BY: depS^ 2 3 4 5 6 7 8 g SUPERIOR COURT OF WASHINGTON FOR KING COUNTY 10 NO. 09-2-03962-3SEA RAIN CITY DEVELOPMENT, LLC, a Washington limited liability company, . Plaintiff, 11 FINDINGS OF FACT AND. CONCLUSIONS OF LAW 12 vs. 13 SHILLA INCORPORATED, a Washington corporation, PACIFIC UNION BANK, HANMl BANK. 14 15 Defendant. 16 17 THIS MATTER, having come on regularly for hearing for entry of judgment after default; the plaintiff limited liability company appearing personally through Eric Hanson, one of its managers, and being represented by its attorney, Thomas G. Krilich; and defendant Shilla Incorporated, a Washington corporation, appearing after default and being represented by its attorney. Scott Schen and the parties having agreed to the following findings of fact and conclusions of law; the Court, being fully advised in the premises; now, therefore, makes the 18 19 20 21 22 23 24 following 25 FINDINGS OF FACT AND CONCLUSIONS OF LAW -1 Knkh, La Pone, West 6cLocfcrer,P.S. 524 Tacoma Avenue South Tacoma, Washington 98402 (253) 3S3-47CW Appellant WPDC Cleveland's Exhibit 25 - Page 1 of 9 ---PAGE BREAK--- FINDINGS OF FACT 1 I 2 3 Plaintiff Rain City Development, LLC is a Washington limited liability company having paid all licenses and fees due the state of Washington. 4 5 ii. 6 Defendant Shilla Incorporated is a Washington corporation which does business in King County, Washington. 7 8 9 Plaintiff is the legal owner and fee title holder of certain real property in King County legally described as: The south 60 feet of Lot 1, Block 6, as measured along the westerly line of said lot, Town of Redmond, according to the plat thereof recorded in Volume 7 of plats, page 74, records of King County, Washington. King County Tax Parcel No. [PHONE REDACTED]-08. 10 11 12 13 14 15 IV. 16 Defendant Shilla Incorporated is the owner of property in King County legally described as: Lots 1, 2, and 3, Block 6, Town of Redmond, according to the plat recorded in Volume 7 of plats, page 74, in King County, Washington, except the south 60 feet of Lot 1, records of King County, Washington. King County Tax Parcel No. [PHONE REDACTED]-07. 17 18 19 20 21 V. 22 Plaintiffs above described property is improved with a concrete commercial building which encroaches upon defendant’s Lot 1 on the north and 23 24 25 FINDINGS OF FACT AND CONCLUSIONS OF LAW -2 Ktilich. I-n Vont, Wtst & p S 524 'laconii \vcnuc .Sivijih 'I'actiira, 'JH402 (25^1.1KV471H Appellant WPDC Cleveland's Exhibit 25 - Page 2 of 9 ---PAGE BREAK--- defendant’s Lot 2 on the south. The said concrete building has encroached onto defendant’s legally described property for more than 50 years. 1 2 3 VI. 4 The encroachment of said building has been open, notorious, and hostile. 5 VI). 6 Plaintiff is entitled to have title to that portion of defendant’s property covered by the encroaching portion of the building quieted in favor of plaintiff against the interest of defendant SHILLA INCORPORATED or anyone claiming by, through or under It. 7 8 9 10 VIII. 11 Plaintiff is also entitled to have a non-exclusive, perpetual for a reasonable area around the north and west side of the building 5 feet in width, for access for maintenance and repair of its building. When not used by plaintiff for the limited purpose of maintaining and/or repairing plaintiffs building, defendant may use the easement for any legal purpose allowed by law. 12 13 14 15 16 17 JX. 18 Defendant Pacific Union Bank has an interest in defendant’s real property 19 as a result of a deed of trust dated November 16, 2000 and recorded under King 20 Defendant Pacific Union Bank has County Recording No. 20001127000101. been acquired by defendant Hanmi Bank. 21 22 23 24 25 FINDINGS OF FACT AND CONCLUSIONS OF LAW -3 Li Wlsi &P e 524 'Irtoimi Avumii’ Simth T'jciim.i. 'A'nilunfiH'n (25^) Appellant WPDC Cleveland's Exhibit 25 - Page 3 of 9 ---PAGE BREAK--- X. 1 Defendant Hanmi Bank has an interest in defendant’s real property as a result of a deed of trust dated August 6, 2004 and recorded September 2, 2004 under King County Recording No. 20040902000954. 2 3 4 5 XI. 6 A copy of a surveyor’s drawing showing the property of the two parties, and the location of piaintifFs building (16390 Cleveland Street) is attached hereto as Exhibit A. 7 8 9 A new legal description for plaintiff's property, which would include the encroaching portions of the building, is attached hereto as Exhibit B. The 5 foot easement area around plaintiff’s building is fully described on • 10 11 12 Exhibit B. 13 A new legal description for defendant's property is attached hereto as 14 15 Exhibit C. 16 FROM THE FOREGOING FINDINGS OF FACT, THE COURT NOW 17 MAKES THE FOLLOWING 18 CONCLUSIONS OF LAW 19 I. 20 The Court has jurisdiction over the parties and the subject matter of this 21 action. 22 23 24 26 FINDINGS OF FACT AND CONCLUSIONS OF LAW -4 Klriljch, U West & Ujckner. P.S- Tacoma Awnuv Swuth acom-JL, Wjsh3nj;ft)n Appellant WPDC Cleveland's Exhibit 25 - Page 4 of 9 ---PAGE BREAK--- II. 1 Plaintiff is the owner of a building which has encroached upon defendants' property for more than 60 years in a manner that has been open, notorious and 2 3 4 hostile. 5 111. 6 Plaintiff is entitled to have title to the encroaching portion of the building quieted against the interest of defendants or anyone claiming by, through or under defendants. 7 8 9 IV. 10 Plaintiff is also entitled to have a non-exclusive, perpetual fora reasonable area around the north and west side of the building 5 feet in width, for access for maintenance and repair of its building. When not used by plaintiff for the limited purpose of maintaining and/or repairing plaintiffs building, defendant may use the easement for any legal purpose allowed by law. 11 12 13 14 15 18 V. 17 A new legal description for plaintiffs parcel, which includes the encroaching portion of the building, is attached hereto as Exhibit B. Exhibit B also contains a description of the 5 foot easement area around the building for the benefit of plaintiff for access for maintenance and repair of the building. 18 19 20 21 VI. 22 Title to the property described on Exhibit B. exclusive of the 5’ easement area, is hereby quieted in favor of plaintiff against the interest of all of the named 23 24 25 FINDINGS OF FACT AND CONCLUSIONS OF LAW -5 Knlich. I.i Wtsc & P S- 524 Tacdma Avenue (253) Appellant WPDC Cleveland's Exhibit 25 - Page 5 of 9 ---PAGE BREAK--- defendants, and anyone claimmg by, through or under them. DONE IN OPEN COURT this /*P^av of fik 1 2 , 2009. 3 a 4 ■t©f4ER JUDGB/( 5 PRESENTED BY: 6 KRILICH LA PORTE WEST & LOCKNER, PS 7 8 -67 9 Thomas G. Krillch, WSB Attorney for Plaintiff 10 APPROVED AS TO FORM AND NOTICE OF PRESENTMENT WAIVED BY: 11 12 STERNBERG. THOMPSON. OKRENT & 13 14 15 By Scott Scher, WSBA# 18168 Attorney for Defendant Shilla Incorporated 16 17 18 19 20 21 22 23 24 25 FINDINGS OF FACT AND CONCLUSIONS OF LAW -6 Kritich^ I„i Wysc I.ockiHT. P S 52A 'I acotnj Avenue ‘r.wumw, (25V, Appellant WPDC Cleveland's Exhibit 25 - Page 6 of 9 ---PAGE BREAK--- *T » tn^ 0 *ni 9*9^ atitimwf . viwtAHi cOMnoi wTSAi in^ r,tt. n r, wfcruAH' to rri* 9* ctaXxu M cav« ro OVt a 19*I^ vriA nc MOTATf OCr^T tn (9 l-Xlfert AVir^S f»t» «C ffl 13 AC H nvc«7r uaxcac aitticrcAii**: uwr N* jjAlo i;-i) PC' r» a ffOMCAO pv^'' a Va P 9 i^A'V vau u RM& I DTP c» IKI>KCHP 1*4 iblA^Ut Ate /;3att«0))ooA' «c IV KMC CO(All> lug«t(t(M aiUPHlC SCAtS UT» a wauewa •sX«4* 10X« nt ) npic iK*i ItAl*- O (t KM tfiTl t. } Wfi J. < KM 9 tetUM. ^ M *tAI ■tccuas laiM t piai> p*at»« p^s cop***, acrtc UM a-WJfto* - MWO t'B SAIVITW Ai >j ax**’ AXViUti MO VtSXITT CM *tOCKUMI>> >CA 10A«‘C ecmcMu &i cn*p\Ln<1 X KAX Mr fftukxo TiTti tc rx •tCKirr* tA 'TS l^JOiiCSf Jj AAS COCWCItO M« I. t) MtiBiMAiAio*roi n«x mA r(PC(p» CTi.SMUKri»e TorAi ^IaWm P!ieaoi.«tx *19 WIMP MCiM r(io i*Avf isr ea eJU(M« xrxHaiMH yt av vac A^ril A) 91 TM» e A rchAvn* aocp > civnp'>a4& AMQ ;ccfiCiwiTis caw s reve cn sjpwiic PI wxc»cioc*nc*ti9a*v5np« TS i>iMW(6 wtifl ww.'Xt wtiCwt iitwt'-t wttteirwittw twt iwe PREPARED FOR SHiLLA, INC srewlom-s ciwwiCate__ _ _ COHTINENTAL SURVEIViMC CO. 10007 CREENWOOD AVE. M. P.O. BOX #33725 SEATTU:. WA 30133 (206) 763-7177 FAX: (206) 789-5566 ffUltt* trinriftiirw^AVaOrom^fiai tUinf p(»5 r-'*o •A ft*«_ ^ . ol peq«.. __ot ft* Tp*« fc-».tWi, o »« aiaissod Bovwi aia\niVAV isaa Appellant WPDC Cleveland's Exhibit 25 - Page 7 of 9 ---PAGE BREAK--- EXHIBIT B RAIN CITY DEVLOPMENT, LLC PROPERTY INCLUDING ENCROACHMENT AREA THAT PORTION OF LOTS 1, 2, BLOCK 6, TOWN OF REDMOND, ACCORDING TO THE PLAT RECORDED IN VOLUME 7 OF PLATS, PAGE 74, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE N OU 04’45” E 63.76 FEET; THENCE N 69^08’36” W 4.64 FEET; THENCE N 01“04’45’' E 1.23 FEET; THENCE N 69°1S’28” W 33.71 FEET; THENCE S 24°5S)’09” W 59.67 FEET; THENCES 69n4’29”E4.63 FEET; THENCE S 20=51 ’24” W 1.56 FEET; THENCE S 69=08’36” E 60.00 FEET TO THE POINT OF BEGINNING. 5’EASEMENT AREA AN EASEMENT OVER THAT PORTION OF LOTS 1 & 2, BLOCK 6, TOWN OF REDMOND, ACCORDING TO THE PLAT RECORDED IN VOLUME 7 OF PLATS, PAGE 74, INKING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE N 01= 04’45” E 63.76 FEET TO THE TRUE POINT OF BEGINNING; THENCE N 01= 04’45” E 6.56 FEET; THENCE N 69°18’28” W 41.20 FEET; THENCE S 24=59’09” W 66.22 FEET TO THE SOUTHLINE OF SAID LOT 2; THENCE S 69=08’3 6” E 9.76 FEET; THENCE N 20=5 r24” E 1.56 FEET; THENCE N 69“14’29” W 4.63 FEET; THENCE N 24°59’09” E 59.67 FEET; THENCE S 69=18’2S” E 33.71 FEET; THENCE S 01°02’20” W 1.23 FEET; THENCE S 69=08’36” E 4,64 FEET TO THE TRUE POINT OF BEGINNING. Appellant WPDC Cleveland's Exhibit 25 - Page 8 of 9 ---PAGE BREAK--- EXHIBIT C SHILLA, INC. PARCEL, EXCEPT SOUTHEAST CORNER THAT PORTION OF LOTS 1,2 & 3, BLOCK 6, TOWN OF RJEDMOND, ACCORDING TO THE PLAT RECORDED IN VOLUME 7 OF PLATS, PAGE 74, IN KING COUNTY, WASHINGTON. ■ EXCEPT THEREFROM THAT PORTION DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE N 01 ° 04’45” E 63.76 FEET; THENCE N 69'’08’36” W 4.64 FEET; THENCE N 01°04’45”E 1.23 FEET; THENCE N 69°18’28” W 33.71 FEET; THENCE S 24”59’09” W 59.67 FEET; THENCE S 69n4’29” E4.63 FEET; THENCE S 20°5r24” W 1.56 FEET’; THENCE S 69'’08’36” E 60.00 FEET TO THE POINT OF BEGINNING. Appellant WPDC Cleveland's Exhibit 25 - Page 9 of 9