5d Attachment B
575;? Airesfea/c I V. a n"? "(fa/ x /za I II Sign La/A; .M WM 20090 PURCELL " seems a" KING COUNTY, 038 Please print or type information WASHINGTON STATE RECORDER'S COVCI' Sheet (RCW 65.04) Document Title s) (or transact'ons contained therein): (all areas applicable to your document must be lled in) 1. \ U W' 2. 3. _ 4. Reference Number(s) of Documents assigned or released: Additional reference #'s on page of document Grantor(s) Exactly as name(s) document LQtng// Kg,"year on %%6 , Additional names on page of document. Grantee(s) Exactly as name(s) appear n document 1. @ff (/10 554% /Q , 2. Additional names on page of document. Legal description (abbreviated: i.e. lot, block, plat or section, township, range) Additional legal is on page of document. ' Assessor's ProPer Tax Parcel/Account Number D Assessor Tax # not yet assigned 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 ofthe 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 otherwise obscure some part of the text of process may cover up or 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 [Stamp] tp3 #234_8p Ir T K Ae I_ U- Y N0h Sz L B Item Number: ______________ Date of Meeting: ____________ 5d_Attach_B July 13, 2010 Item Number: ______________5d_Attach_B Date of Meeting: ____________July 13, 2010 MOTION COMES NOW plaintiffPort of Seattle (the "Port") and moves the court forjudgment against defendants herein. Defendant is a Washington corporation doing business in King County, Washington. Venue is proper. Defendant has appeared and an answer has not been led and served herein. THIS MATTER having come on regularly before the above-entitled court upon a Summons and Complaint for Unlawful Detainer requesting ajudgment and a Writ of Restitution be granted against defendant Western Car-rage, Inc. and said defendant appearing by David Carver, and plaintiff appearing by Anne Purcell; it appearing to the Court that the defendant has been duly served with the Summons and Complaint for Unlawal Detainer in this action, that more than the required period oftime has elapsed since the date ofmaking and completion ofsaid service and that venue was proper; and this matter having been duly considered by the court and the Court being fully advised in the premises, now therefore makes the following: FINDINGS OF FACT 1. Plaintiff is the owner ofland and premises described as 387,930 square feet of yard and 41,280 square feet ofwarehouse that includes 4,800 square feet of ofce located at Terminal premises above-described and defendant occupied the premises at the rate of $70,753.21 per month, plus utilities and maintenance, for which there remains a total sum in arrearages due of $448,135.82 unpaid to date, less $78,018.00 in surety for a total of$370,l 17.82. L) FINDINGS OF FACT, CONCLUSIONS OF PORT OF SEATTLE LAW, JUDGMENT 2711 ALASKAN wry AND ORDER FOR WRIT OF RESTITUTION - 2 "Am", WASH-i 931" 206-728-3000 FAX 206-728-3205 \OOOQQUI-AUJN 3. The Port is a municipal corporation doing business in King County. Western Cartage is a Washington corporation doing business in King County. 4. Defendant was served with a copy of the Summons and Complaint for Unlawful Detainer on the 21st day ofApril, 2009. 5. Defendant is in default in the payment of rent for the months ofNovember, December, January, February, March and April, 2009 and the rent for those months is now past due and owing. 10 6. Plaintiff's costs for this action amount to $157.00 ling fee and $30.00 King 11 , 12 County Superior Court Clerk exparte motion fee. 13 7. Defendant has committed or permitted the following non-compliance with the terms 14 oftenancy: 15 Fai ' 'to install an Oper tainanim us co over; and 16 contai 'er around stockpi crushed glass material. 17 ailure rovide evidence to theer as tate Dep ent of Belicationohas beustriala 18 gton Sto / Ge eral Permit. 19 - Failure to increase lease deposit. 20 8. A 10-day Notice to Comply with Lease or Quit Premises to Western Cartage was 21 22 delivered to defendant through its attorney on April 1, 2009. Although more than 10 days has 23 elapsed since service of the Notice, defendant has not paid rent past due nor surrendered the 24 premises nor conformed to the obligations of the tenancy and are now unlawllly detaining the 25 same. 26 27 28 I . PORT OF SEATTLE FINDINGS OF FACT, CONCLUSIONS OF LAW, JUDGMENT 2711 ALASKANmy AND ORDER FOR WRIT OF RESTITUTION - 3 SEAmE: WASH" 98111 206428-3000 FAX 206-728-3205 WHEREFORE, the court having made these Findings ofFact now makes the following: CONCLUSIONS OF LAW 1. The court has jurisdiction over the parties and the subject matter herein. 2. Defendant Western Cartagc, Inc. should be adjudged to be in default in this action. 3. Defendant Western Cartage should be adjudged guilty ofunlawful detainer. 4. Defendant Western Cartage should be evicted under and by virtue of a Writ of Restitution entered herein. 5. Iudgment should be awarded in favor ofthe plaintiff and against defendant in the sum of$370,] 17.82 for rent, utilities, nance charges and maintenance charges; and $187.00 for costs and disbursements herein; and 31,500.00 in reasonable attorney's fees. 6. Plaintiff should be granted a Writ ofRestitution restoring the premises set forth in paragraph 1 above to plaintiff. The court having made ndings of fact and conclusions oflaw herein; now, therefore, it is hereby JUDGMENT ORDERED, ADIUDGED and DECREED that: 1. Defendant Western Cartage is guilty ofunlawful detainer and its tenancy of premises described as 387,930 square feet ofyard and 41,280 square feet ofwarehouse that includes 4,800 square feet ofofce located at Terminal 104, with an ofce address of3629 Duwamish Avenue South, Seattle, King County, Washington under Lease Agreement dated June 23, 2005 is hereby terminated. FINDINGS OF FACT, CONCLUSIONS OF LAW, JUDGMENT PORT or SEATTLE 2m ALASKANmy AND ORDER FOR WRIT OF RESTITUTION 4 "Am-E, WASH" 98111 206-728-3000 FAX 206-728-3205 2 2. Defendant is EVICTED under and by virtue of the Writ ofRestitution issued 3 contemporaneously herewith. '! ' 4 3. The Port is awarded judgment against defendant 5 as follows: 6 A. $370,117.82 in rent arrearages, utilities, nance and maintenance charges; 7 B. $187.00 in costs; and 8 C. $1,500.00 m attorney 5 fees.. , 0 9 9% TOTALAMOUNTOFJUDGMENTz$ 37/, 3/; f9? I. W 10 '3 4. The Clerk ofthe Court shall issue forthwith a Writ ofRestitution restoring 1 1 to 12 plaintiff possession of the premises. The judgment having been entered herein, no bond is 13 required. 14 DATED: _ L} [aplp .2009. l n 1 5 16 WkoCommrssroner 17 Presented by: 1 8 19 W 20 Anne Purcell, WSBA #33534 Senior Port Counsel 21 22 Copy Received: 23 24 ay/ram. 25 David Carver, WSBA #12478 Attorney for Western Cartage, Inc. 26 27 28 ' . PORT OF SEATTLE FINDINGS OF FACT, CONCLUSIONS OF LAW, JUDGMENT . 2711 ALASKAN WAY AND ORDER FOR WRIT OF RESTITUTION - 5 5"anWASH" 93111 206-728-3000 FAX 206-728-3205
Limitations of Translatable Documents
PDF files are created with text and images are placed at an exact position on a page of a fixed size.
Web pages are fluid in nature, and the exact positioning of PDF text creates presentation problems.
PDFs that are full page graphics, or scanned pages are generally unable to be made accessible, In these cases, viewing whatever plain text could be extracted is the only alternative.