6f Draft Resoltuion 3771 Corridor Safety Program
Item Number: 6h Meeting Date: March 24, 2020 1 RESOLUTION NO. 3771 2 3 A RESOLUTION of the Port of Seattle Commission relating to the Flight Corridor 4 Safety Program 2019 at Seattle-Tacoma International 5 Airport; providing for the acquisition of certain easement 6 and access interests in real property located in King 7 County, Washington, for the program; authorizing 8 negotiation or condemnation; and directing other actions 9 consistent with the program and aviation safety. 10 11 WHEREAS, the Port of Seattle maintains a Flight Corridor Safety Program for the Seattle- 12 Tacoma International Airport (Airport) and is implementing the Flight Corridor Safety Program 13 2019 to remove tree obstructions at and around the Airport (Project); and 14 15 WHEREAS, the port has reasonably described in the attached Exhibit A certain 16 properties identified by the port as sources of trees that currently obstruct the airspace 17 required for the flight of aircraft in landing or taking-off at the airport, or are projected to 18 obstruct within five years; and 19 20 WHEREAS, airport hazards, which are defined in RCW 14.12.010 to include trees (and 21 any structure or use of land) that obstruct the airspace required for the flight of aircraft in 22 landing or taking-off at an airport, are declared to be a public nuisance under RCW 14.12.020; 23 and 24 25 WHEREAS, the port is authorized by state law, including but not limited to 26 RCW 14.12.020, to raise and spend public funds and acquire property interests to prevent the 27 creation or establishment of airport hazards and to eliminate, remove, alter, mitigate, or mark 28 and light existing airport hazards; and 29 30 WHEREAS, the Project and related port efforts are necessary to ensure safe and secure 31 aircraft operations by removing and preventing obstructions to navigable airspace to satisfy 32 federal and state statutory and regulatory requirements, comply with grant assurances made to 33 the Federal Aviation Administration (FAA), continue operating a world class airport by ensuring 34 safe and secure operations, and protect the public health, public safety, and general welfare; 35 and 36 37 WHEREAS, the port is authorized by state law to acquire and to condemn property 38 interests pursuant to Ch. 14.07 RCW, Ch. 14.08 RCW, Ch. 14.12 RCW, Title 53 RCW (and other 39 authority) for the purposes enumerated therein, including but not limited to, acquisition or Resolution 3771 2019 Flight Corridor Program Property Interests Page 1 of 8 40 condemnation of easements, other property interests, or any other airport protection 41 privileges necessary to ensure safe and efficient operation of airports; and 42 43 WHEREAS, acquisition of property interests is reasonably necessary for the Project in 44 order to address, as authorized by RCW 14.12.020 and other authority, airport hazards 45 (including, but not limited to, tree obstructions) located on and/or extending from non-port 46 property, and to prevent the future creation or establishment of airport hazards; and 47 48 WHEREAS, the port has provided notice of the intent of the Port Commission to 49 consider this resolution, by mailed and published notice conforming to the requirements of 50 RCW 8.25.290; and 51 52 WHEREAS, the authority granted by this resolution, and the exercise of eminent domain 53 authority, shall not foreclose current and future negotiations with the owners of the property 54 rights subject to condemnation; 55 56 NOW, THEREFORE, BE IT RESOLVED by the Port of Seattle Commission as follows: 57 58 Section 1. The above recitals are incorporated and made a part of this resolution. 59 60 Section 2. The Port Commission finds and declares that the public use, safety, health, welfare, 61 convenience, and necessity demand and require that the port acquireincluding by 62 condemnation if voluntary negotiations failsuch easements, access rights, property interests, 63 or other airport protection privileges as may be necessary for the Project, aviation safety, and 64 to prevent the creation or establishment of future tree obstructions or other airport hazards. 65 The properties subject to potential condemnation of property rights under this resolution are 66 reasonably described in the attached Exhibit A, which is incorporated herein by reference. 67 68 Section 3. The Port Commission directs that all reasonable efforts be undertaken by the port to 69 acquire property interests through good faith negotiations with the affected property owners. 70 If reasonable efforts at voluntary acquisition are unsuccessful, the port's Executive Directoror 71 designee is hereby authorized and directed to commence those proceedings required by law 72 that are necessary to condemn, take, damage, and appropriate the property interests necessary 73 to carry out this resolution, or such other legal proceedings as may be necessary to carry out 74 this resolution. Such other legal proceedings may include quiet title or other actions to 75 establish port rights with respect to the properties subject to this resolution. The port shall 76 condemn property interests only upon completion of all steps and procedures required by 77 applicable law and payment of just compensation as may be required by and in the manner 78 prescribed by law. The port shall commission appraisals to determine the fair market value of 79 the property interests acquired or condemned. 80 81 Section 4. In conducting any condemnation or related proceedings, the port's attorneys upon 82 direction from the Executive Director are hereby authorized to enter into settlements, 83 stipulations, or agreements, for the purpose of minimizing damages and costs to the port. Resolution 3771 2019 Flight Corridor Program Property Interests Page 2 of 8 84 These settlements, stipulations, or agreements may include, but are not limited to, the amount 85 of just compensation to be paid, the scope of the property interests to be acquired or 86 condemned, the acquisition of temporary easements or other property interests as may be 87 necessary or convenient, and to make amendments to the legal descriptions of the properties 88 described in Exhibit A as may become necessary to correct scrivener's errors and/or to conform 89 the legal description to the precise property rights required for the Project. 90 91 Section 5. Nothing in this resolution limits the port in its identification and acquisition of 92 property and property interests necessary for the Project, including for purposes of settlement. 93 The port reserves the right to acquire by condemnation other or different properties or 94 property interests for such purposes by subsequent resolution. 95 96 Section 6. The funds necessary to acquire or condemn the property interests provided for by 97 this resolution shall be paid from the Airport Development Fund, or such other funds of the 98 port as may be available and authorized by law. 99 100 Section 7. If any one or more section, subsection, or sentence of this resolution is held to be 101 unconstitutional or invalid, such decision shall not affect the validity of the remaining portions 102 of this resolution and the same shall remain in full force and effect. 103 104 Section 8. This resolution shall be in full force and effect from and after its passage. 105 106 ADOPTED by the Port of Seattle Commission at a duly noticed public meeting thereof 107 held this ____ day of ______________, 2020, and duly authenticated in open session by the 108 signatures of the commissioners voting in favor thereof and the seal of the commission. 109 110 111 112 113 114 115 116 117 118 119 120 Port of Seattle Commission Resolution 3771 2019 Flight Corridor Program Property Interests Page 3 of 8 EXHIBIT A Tax Parcel No. Address Owner of Record 024150-0010 2415 South 144th Street Scott A. Johnston SeaTac, WA 98168 Legal Description: Tax Parcel No. Address Owner of Record 024150-0020 14418 24th Avenue South Roberto Santillan Hernandez and SeaTac, WA 98168 Alma Azucena Garcia Acero Legal Description: Tax Parcel No. Address Owner of Record 024150-0070 14419 25th Avenue South Zhibin Chen and Liu Jierong SeaTac, WA 98168 Ayumi Matsumoto Legal Description: LOT 14, BLOCK 1, ANITA ADDITION, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 59 OF PLATS, PAGE(S) 100, IN KING COUNTY, WASHINGTON. Tax Parcel No. Address Owner of Record 024600-0044 1016 South 193rd Place SE Beyene T. Reda and Tessaye SeaTac, WA 98148 Gebresilassie Legal Description: Resolution 3771 2019 Flight Corridor Program Property Interests Page 4 of 8 Tax Parcel No. Address Owner of Record 042204-9025 Hillgrove Cemetery Tanya Engeset, Treasurer, SeaTac, WA Hill Grove Cemetery Association Legal Description: Tax Parcel No. Address Owner of Record 052204-9134 19910 8th Avenue South Layne E. Anderson-Lard and Des Moines, WA 98148 Eric W. Lard Legal Description: Resolution 3771 2019 Flight Corridor Program Property Interests Page 5 of 8 Tax Parcel No. Address Owner of Record 172304-9150 14230 8th Avenue South Darshan Singh Burien, WA 98168 Legal Description: Tax Parcel No. Address Owner of Record 322304-9022 18429 Des Moines Memorial Dr. S. John Chu 322304-9117 18435 Des Moines Memorial Dr. S. 322304-9293 18441 Des Moines Memorial Dr. S. SeaTac, WA 98148 Legal Description: Resolution 3771 2019 Flight Corridor Program Property Interests Page 6 of 8 Resolution 3771 2019 Flight Corridor Program Property Interests Page 7 of 8 Tax Parcel No. Address Owner of Record 768620-0705 Not assigned (Vacant Land) Highline School District No. 401 SeaTac, WA 98198 Legal Description: Tax Parcel No. Address Owner of Record 768620-1040 1410 South 200th Street Highline School District No. 401 SeaTac, WA 98198 Legal Description: Tax Parcel No. Address Owner of Record 768620-0690 Not Assigned (Vacant Land) Warren L. Farmer Legal Description: Resolution 3771 2019 Flight Corridor Program Property Interests Page 8 of 8
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