5e

PORT OF SEATTLE 
MEMORANDUM 
COMMISSION AGENDA               Item No.      5e 
ACTION ITEM 
Date of Meeting     August 6, 2013 

DATE:    July 25, 2013 
TO:      Tay Yoshitani, Chief Executive Officer 
FROM:   Melinda Miller, Director Portfolio and Asset Management 
Sean Sullivan, Real Estate Manager 
SUBJECT:  Fiber Optic Line Easement with WDH Black Rock, LLC along a section of the
Eastside Rail Corridor Right-of-Way in Snohomish County 
Amount of This Request:           $0.00   Source of Funds:             N/A 
Net Proceeds to the Port:         $2,500.00 
ACTION REQUESTED 
Request Commission authorization for the Chief Executive Officer to execute a Fiber Optic Line
Easement with WDH Black Rock LLC for an area along a section of the Eastside Rail Corridor
right-of-way in Snohomish County, substantially as drafted as Attachment B, to accommodate
the installation and maintenance of an aerial fiber optic communications line parallel to the
railroad tracks between approximately milepost 37.22 and milepost 37.35 in Snohomish County
as shown on the drawing attached hereto as Attachment A. 
SYNOPSIS 
The fiber optics line to be installed by WDH Black Rock LLC is a small part of a much larger
federally funded economic development project administered by NoaNet, Washington state's
nonprofit broadband provider, to expand its open access broadband network to an additional 170
communities that are currently underserved. The easement allows WDH Black Rock to install
and maintain an aerial fiber optic communications line to run overhead and parallel to the
railroad tracks within the Eastside Rail Corridor.  The compensation for the Fiber Optic
Easement is based on a recent market appraisal with consideration of the type and length of the
easement requested.
BACKGROUND 
The Port of Seattle has the responsibility to oversee, maintain, preserve and protect the real estate
rights within the Eastside Rail Corridor right-of-way acquired in December 2009. This includes
consideration of existing construction and maintenance agreements, permits, licenses and
easements. The Port's role in its ownership of the corridor includes addressing any and all
requests for new third-party rights and interests in the Port's right-of-way, while ensuring that
the requested uses do not infringe upon the Port's current and/or prospective uses.

Template revised May 30, 2013.

COMMISSION AGENDA 
Tay Yoshitani, Chief Executive Officer 
July 25, 2013 
Page 2 of 3 
The Port received an Application for Wire Line Agreement from Black Rock Cable Inc. (now
known as WDH Black Rock LLC) related to the installation and maintenance of an aerial fiber
optic communications line to run overhead and parallel to the railroad tracks within the rail
corridor. The Port's Legal Department determined that an easement would be required to
accommodate this request. 
This easement is related to a small portion  of a much larger collaborative,  economic
development project  coordinated by the federal government's Broadband Technology
Opportunities Program. The program involves the installation of an open-access broadband
network to provide reliable high-speed connectivity to broader, underserved areas, including
those across the state of Washington. This easement provides WDH Black Rock LLC the means
to install and maintain the fiber optic line and supporting poles to expand the network to outlying
and often economically challenged areas.
Port staff obtained and reviewed all relevant documentation relating to the proposed overhead
installation and has completed all of their due diligence. The Port's Engineering Department has
determined that the request conforms to standard rail industry utility accommodation guidelines.
Additionally, the Fiber Optic Line Easement (attached as Attachment B) has been approved as to
form by the Port's Legal, Environmental, and Risk Management Departments. 
In considering the Fiber Optic Easement, Port staff has reviewed the installation and
maintenance of the fiber optic communications line from the perspective of safety and rail
worker protection, current freight operations and prospective uses of this section of the corridor
in mind. Consideration was given to allow for the continued accommodation of additional utility
installations proposed by public and/or private utility services. 
Compensation for the Fiber Optic Line Easement was established by a current market appraisal
of the right-of-way at the location of the easement. An "at-the-fence" fee simple land value per
square foot was established by the appraiser. The compensation for the easement was set at
$2,500.00. 
TRIPLE BOTTOM LINE 
This easement provides WDH Black Rock LLC the means to install and maintain a fiber optic
network, with lines and supporting poles, to connect outlying and often economically challenged
areas to the greater network. 
ALTERNATIVES AND IMPLICATIONS CONSIDERED 
Alternative 1)  Deny the request for an easement.  Denial of the easement would create a
significant delay in completing the connections of the planned broadband network, as an
alternative fiber line right-of-way would need to be planned and procured. This is not the
recommended alternative.

COMMISSION AGENDA 
Tay Yoshitani, Chief Executive Officer 
July 25, 2013 
Page 3 of 3 
Alternative 2)  Grant the easement as described herein. Granting the easement provides the
means to fulfill the goals of the Federal programs/grants, to complete the connections of the
broadband network to outlying and traditionally underserved communities. This is the
recommended alternative. 
ATTACHMENTS TO THIS REQUEST 
Attachment A: Map of Proposed Easement Location. 
Attachment B: Fiber Optic Line Easement, including Exhibits A and B. 
PREVIOUS COMMISSION ACTIONS OR BRIEFINGS 
None.

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