Item No.:          7a_reso 
Meeting Date:  July 9, 2019 


1                                          RESOLUTION NO. 3760 
2 
3            A RESOLUTION of the Port Commission of the Port of Seattle declaring surplus
4                                    and no longer needed for port district purposes certain
5                                    overpass structure and  real property  located south of
6                                    South Spokane Street in the vicinity of Duwamish Avenue
7                                    in the City of Seattle, Washington, and authorizing the
8                                    Chief Executive Officer to execute all documents necessary
9                                    to transfer title of the surplus property to the City of
10                                 Seattle for use in furtherance of the East Marginal Way
11                                 Grade Separation project. 
12 
13           WHEREAS, the voters of King County, pursuant to the provisions of enabling legislation
14    adopted by the Legislature of the State of Washington, Chapter 92, Laws of 1911, RCW
15    53.04.010, authorized and approved at a special election held in King County on the 5th day of
16    September 1911, the formation of a Port District coextensive with King County to be known as
17    the Port of Seattle; and 
18 
19           WHEREAS, the Port of Seattle was thereupon established as a port district and has since
20    been and now is a duly authorized and acting port district of the State of Washington; and 
21 
22           WHEREAS,  the Port owns the real property described on attached Exhibit A  (the
23    "Property"); and 
24 
25           WHEREAS, the City of Seattle ("City") has agreed to take title to the Property in
26    accordance with the Memorandum of Agreement between the parties dated July 23, 2014 (the
27    "MOA"); and
28 
29           WHEREAS, Chapter 39.33 of the Revised Code of Washington provides that the Port
30    may "sell, transfer, exchange, lease or otherwise dispose of any property  to the state or any
31    municipality or any political subdivision thereof  on such terms and conditions as may be
32    mutually agreed upon "; and 
33 
34           WHEREAS, the maps and other data regarding the Property are on file at the Port's
35    offices; and 
36 
37 
38 
39 

Resolution 3760, East Marginal Way Grade Separation Property Surplus                                Page 1 of 7

40           NOW, THEREFORE, BE IT RESOLVED by the Port of Seattle Commission as follows: 
41 
42    SECTION 1.  The Property described on Exhibit A attached to this Resolution is no longer
43    needed for Port of Seattle purposes and is declared surplus to Port needs. 
44 
45    SECTION 2.  The Executive Director is authorized to take all steps and execute all documents
46    necessary to transfer title of the Property to the City of Seattle. 
47 
48           ADOPTED by the Port of Seattle Commission at a duly noticed meeting thereof, held this 
49    ____day of ______________, 2019, and duly authenticated in open session by the signatures of
50    the Commissioners voting in favor thereof and the seal of the Commission. 
51 
52 
53 
54 
55 
56 
57 
58 
59 
60 
61 
62 
63                                                  Port of Seattle Commission









Resolution 3760, East Marginal Way Grade Separation Property Surplus                                Page 2 of 7

64                              EXHIBIT "A" to Resolution No. 3760 
65 
66    Parcel B 
67    Legal Description 
68    Port of Seattle T104 
69 
70    THAT PORTION OF LOTS 2, 3, 44 AND 45, ALL IN BLOCK 385, SEATTLE TIDE LANDS, ACCORDING
71    TO THE OFFICIAL MAPS ON FILE IN THE OFFICE OF THE COMMISSIONER OF PUBLIC LANDS, IN
72    OLYMPIA, WASHINGTON, DESCRIBED AS FOLLOWS: 
73 
74    COMMENCING AT A MONUMENT, FOUND IN PLACE, A PUNCH IN BRASS ROD, AT THE
75    INTERSECTION OF THE CENTERLINE INTERSECTION OF DUWAMISH AVE S. AND VACATED 6TH
76    AVE SW; 
77 
78    THENCE NORTH 3955'57" WEST A DISTANT OF 76.16 FEET ALONG SAID CENTERLINE OF
79    DUWAMISH AVE S. TO THE WESTERLY MARGIN OF SAID VACATED 6TH AVE SW; 
80 
81    THENCE SOUTH 105'55" WEST ALONG SAID WESTERLY MARGIN 15.10 FEET TO THE POINT OF
82    BEGINNING; 
83 
84    THENCE CONTINUING ALONG SAID WESTERLY MARGIN SOUTH 105'55" WEST 49.50 FEET TO
85    THE EASTERLY EXTENSION OF THE SOUTH LINE OF THE NORTH TEN FEET OF SAID LOT 44; 
86 
87    THENCE NORTH 8852'07" WEST ALONG THE SAID SOUTH LINE AND ITS EASTERLY EXTENSION
88    232.63 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS
89    OF 260.00 FEET; 
90 
91    THENCE NORTHWESTERLY 120.45 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
92    ANGLE OF 2632'34" TO THE SOUTHERLY LINE OF THE S SPOKANE STREET PERPETUAL STREET
93    EASEMENT FILED UNDER KING COUNTY RECORDING NUMBER 8102100688; 
94 
95    THENCE SOUTH 8851'40" EAST 341.20 FEET TO THE POINT OF BEGINNING. 





Resolution 3760, East Marginal Way Grade Separation Property Surplus                                Page 3 of 7

96    Parcel Z 
97    Legal Description 
98    Port of Seattle T104 
99 
100    THAT PORTION OF LOTS 1 THROUGH 7, 26 THROUGH 30, BLOCK 378, LOT 44, BLOCK 385, AND
101    VACATED 6TH AVENUE SW OF SEATTLE TIDE LANDS, ACCORDING TO THE OFFICIAL MAPS ON
102    FILE IN THE OFFICE OF THE COMMISSIONER OF PUBLIC LANDS IN OLYMPIA, WASHINGTON,
103    BEING SITUATED IN THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 24 NORTH, RANGE 4 
104    EAST, W.M., KING COUNTY WASHINGTON, DESCRIBED AS FOLLOWS: 
105 
106    BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF SAID LOT 28 WITH THE WESTERLY
107    RIGHT OF WAY MARGIN OF DUWAMISH AVE S, SAID RIGHT OF WAY MARGIN BEING 45.00 FEET
108    DISTANT FROM THE MONUMENTED CENTERLINE OF SAID DUWAMISH AVE; 
109 
110    THENCE SOUTH 3953'59" EAST ALONG SAID WESTERLY RIGHT OF WAY MARGIN 24.22 FEET TO
111    THE WESTERLY RIGHT OF WAY MARGIN OF EAST MARGINAL WAY S; 
112 
113    THENCE SOUTH 0108'26" WEST ALONG SAID WESTERLY RIGHT OF WAY MARGIN 120.39 FEET; 
114 
115    THENCE NORTH 8850'05" WEST 0.43 FEET; 
116 
117    THENCE NORTH 01 08'36" EAST 29.96 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE
118    WEST HAVING A RADIUS OF 192.50 FEET; 
119 
120    THENCE NORTHERLY 13.49 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
121    OF 0400'55"; 
122 
123    THENCE SOUTH 8317'10" WEST 2.42 FEET; 
124 
125    THENCE NORTH 0847'05" WEST 4.00 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE
126    SOUTHWEST HAVING A RADIUS OF 190.00 FEET; 
127 
128    THENCE NORTHWESTERLY 102.65 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
129    ANGLE OF 3057'20" TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE
130    SOUTHWEST THE RADIAL CENTER OF WHICH BEARS SOUTH 4917'45" WEST 264.50 FEET
131    DISTANT; 
132 
133    THENCE NORTHWESTERLY 99.34 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
134    ANGLE OF 2131'07"; 
135 
136    THENCE NORTH 8852'07" WEST 41.45 FEET; 
137 
138    THENCE NORTH 4824'41" WEST 6.94 FEET; 
139 

Resolution 3760, East Marginal Way Grade Separation Property Surplus                                Page 4 of 7

140    THENCE NORTH 4917'38" WEST 95.19 FEET; 
141 
142    THENCE NORTH 5312'26" WEST 19.27 FEET TO THE BEGINNING OF A NON-TANGENT CURVE
143    CONCAVE TO THE WEST THE RADIAL CENTER OF WHICH BEARS NORTH 6527'31"WEST 30.50
144    FEET DISTANT; 
145 
146    THENCE NORTHERLY 39.25 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
147    OF 7344'30"; 
148 
149    THENCE NORTH 4912'00" WEST 206.14 FEET TO THE BEGINNING OF A CURVE CONCAVE TO
150    THE NORTHEAST HAVING A RADIUS OF 349.50 FEET; 
151 
152    THENCE NORTHWESTERLY 148.47 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
153    ANGLE OF 2420'24"; 
154 
155    THENCE NORTH 2451'36 "WEST 7.01 FEET; 
156 
157    THENCE NORTH 2147'44" WEST 11.68 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE
158    EAST HAVING A RADIUS 349.38 FEET; 
159 
160    THENCE NORTHERLY 71.22 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
161    OF 1140'48"; 
162 
163    THENCE NORTH 1006'56" WEST 39.84 FEET; 
164 
165    THENCE NORTH 1506'49" WEST 27.06 FEET; 
166 
167    THENCE NORTH 21 54'22" WEST 54.89 FEET TO THE NORTH LINE OF THE SOUTH 20 FEET OF
168    SAID LOT 44; 
169 
170    THENCE SOUTH 8852'07" EAST ALONG SAID NORTH LINE AND ITS EASTERLY EXTENSION 29.82
171    FEET TO SAID WESTERLY RIGHT OF WAY MARGIN OF DUWAMISH AVENUE S; 
172 
173    THENCE SOUTH 3953'5911 EAST ALONG SAID WESTERLY RIGHT OF WAY MARGIN 821.92 FEET
174    TO THE POINT OF BEGINNING. 




Resolution 3760, East Marginal Way Grade Separation Property Surplus                                Page 5 of 7

175    Standalone Parcel 
176    Legal Description 
177    Port of Seattle T104 
178 
179    THAT  PORTION  OF  LOTS  2,  3  AND  4,  TOGETHER WITH  THAT  PORTION  OF  VACATED
180    NORTHEASTERLY 70 FEET OF DUWAMISH A VENUE ADJOINING OR ABUTTING THEREON, WHICH
181    UPON VACATION, ATTACHED TO SAID PREMISES BY OPERATION OF LAW, LYING NORTH OF THE
182    NORTHERN PACIFIC RAILWAY COMPANY RIGHT OF WAY, IN BLOCK 377 OF SEATTLE TIDE
183    LANDS. ACCORDING TO THE OFFICIAL MAPS ON FILE IN THE OFFICE OF THE COMMISSIONER OF
184    PUBLIC LANDS IN OLYMPIA, WASHINGTON: EXCEPT THAT PORTION OF SAID LOT 2 AND OF SAID
185    VACATED NORTHEASTERLY 70 FEET OF DUWAMISH AVENUE ADJOINING, LYING NORTH OF THE
186    FOLLOWING DESCRIBED LINE: 
187 
188    COMMENCING AT THE NORTHWEST COMER OF LOT 1, SAID BLOCK 377; 
189 
190    THENCE SOUTH 1 07'58" WEST 79.10 FEET ALONG THE WEST LINE OF SAID LOT 2 PRODUCED
191    TO THE TRUE POINT OF BEGINNING; 
192 
193    THENCE NORTH 8511 '11" EAST 216.30 FEET TO THE EAST LINE OF SAID LOT 2 AND THE END
194    OF THIS LINE DESCRIPTION; 
195 
196    ALSO, ALL THAT PORTION OF GOVERNMENT LOT 1, SECTION 18, TOWNSHIP 24 NORTH, RANGE
197    4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, AND LOTS 11 AND 12 IN
198    BLOCK 377 OF SEATTLE TIDE LANDS, ACCORDING TO THE OFFICIAL MAPS ON FILE IN THE OFFICE
199    OF THE COMMISSIONER OF PUBLIC LANDS IN OLYMPIA, WASHINGTON, MORE PARTICULARLY
200    DESCRIBED AS FOLLOWS: 
201 
202    COMMENCING AT A POINT OF THE INTERSECTION OF THE SOUTH MARGIN OF SOUTH SPOKANE
203    STREET AS ESTABLISHED BY ORDINANCE NO.31237 WITH THE WEST MARGIN OF EAST
204    MARGINAL WAY SOUTH AS ESTABLISHED BY ORDINANCE NO. 32881; 
205 
206    THENCE WEST ALONG THE SAID SOUTH MARGIN 160 FEET; 
207 
208    THENCE SOUTH PARALLEL TO SAID WESTERLY MARGIN 170 FEET, MORE OR LESS, TO THE
209    SOUTH LINE OF SAID LOT 11; 
210 
211    THENCE EAST ALONG THE SOUTH LINE OF SAID LOT 11 TO THE SOUTHEAST COMER THEREOF; 
212 
213    THENCE SOUTHERLY ALONG THE EAST LINE OF SAID BLOCK 377 TO THE NORTHERLY MARGIN
214    OF THE RIGHT OF WAY OF THE NORTHERN PACIFIC RAILROAD COMPANY; 
215 
216    THENCE NORTHEASTERLY ALONG SAID NORTH MARGIN TO THE WEST MARGIN OF EAST
217    MARGINAL WAY SOUTH; 
218 

Resolution 3760, East Marginal Way Grade Separation Property Surplus                                Page 6 of 7

219    THENCE NORTH ALONG SAID WEST MARGIN TO THE POINT OF BEGINNING; 
220 
221    TOGETHER WITH ALL THAT PORTION OF GOVERNMENT LOT I, SECTION 18, TOWNSHIP 24
222    NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, AND LOTS 10, 11, 12 AND 13 IN
223    BLOCK 377 OF SEATTLE TIDE LANDS, DESCRIBED AS FOL1OWS: 
224 
225    COMMENCING AT A POINT ON THE SOUTH MARGIN OF SOUTH SPOKANE STREET AS
226    ESTABLISHED BY ORDINANCE NO. 31237, 160 FEET WEST OF THE WEST MARGIN OF EAST
227    MARGINAL WAY SOUTH AS ESTABLISHED BY ORDINANCE NO. 32881; 
228 
229    THENCE WEST ALONG SAID SOUTH MARGIN OF SOUTH SPOKANE STREET 55 FEET; 
230 
231    THENCE SOUTH 180 FEET TO THE NORTH MARGIN OF THE RIGHT OF WAY OF THE NORTHERN
232    PACIFIC RAILROAD COMPANY; 
233 
234    THENCE EASTERLY ALONG SAID MARGIN OF RIGHT OF WAY TO A POINT ON A LINE PARALLEL
235    WITH AND 160 FEET WEST OF THE WEST MARGIN OF THE EAST MARGINAL WAY SOUTH; 
236 
237    THENCE NORTH ALONG SAID PARALLEL LINE TO THE POINT OF BEGINNING; 
238 
239    TOGETHER WITH THAT PORTION OF LOT 10 IN BLOCK 377 OF SEATTLE TIDE LANDS, ACCORDING
240    TO THE OFFICIAL MAPS ON FILE IN THE OFFICE OF THE COMMISSIONER OF PUBLIC LANDS IN
241    OLYMPIA, WASHINGTON. LYING NORTH OF  THE NORTHERN PACIFIC RAILROAD COMPANY
242    RIGHT OF WAY; 
243 
244    EXCEPT THE WEST 55 FEET THEREOF; 
245 
246    EXCEPT THAT PORTION OF SAID LOTS 12 AND 13 AND SAID GOVERNMENT LOT 1, LYING NORTH
247    OF THE FOLLOWING DESCRIBED LINE: 
248 
249    COMMENCING AT THE INTERSECTION OF THE SOUTH MARGIN OF SOUTH SPOKANE STREET AS
250    ESTABLISHED BY ORDINANCE NO. 31237 WITH THE WEST MARGIN OF EAST MARGINAL WAY
251    SOUTH AS ESTABLISHED BY ORDINANCE NO. 32881 
252 
253    THENCE SOUTH 1 08'39" WEST ALONG SAID WEST MARGIN 45.31 FEET TO THE TRUE POINT OF
254    BEGINNING AND A POINT OF CURVE; 
255 
256    THENCE NORTHERLY AND WESTERLY ON A CURVE TO THE LEFT, HAVING A RADIUS OF 10.00
257    FEET AN ARC DISTANCE OF 16.75 FEET; 
258 
259    THENCE SOUTH 85 11' 11" WEST 205.07 FEET TO THE WEST LINE OF SAID LOT 12 AND THE END
260    OF THIS LINE DESCRIPTION. 

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