5a Memo

PORT OF SEATTLE 
MEMORANDUM 
COMMISSION AGENDA             Item No.      5a 
Date of Meeting    October 5, 2010 
DATE:    September 22, 2010 
TO:      Tay Yoshitani, Chief Executive Officer 
FROM:    Michael Burke, Senior Manager, Container Leasing and Operations 
Mike Kriston, Seaport Real Estate Specialist 
George Blomberg, Senior Environmental Program Manager 
SUBJECT:  Three Perpetual Nonexclusive Easements Related to the Vacation of Submerged
South Forest Street

ACTION REQUESTED:
Request Commission authorization for the Chief Executive Officer to execute a Bulkhead Panel
and Retaining Wall Maintenance Easement, a Public Access Easement, and a Storm Water
Drainage Facilities Easement, to the City of Seattle to meet certain conditions imposed by the
City of Seattle for the vacation of submerged South Forest Street. 
SYNOPSIS:
Background: 
The Port has petitions pending with the City of Seattle (City) seeking to vacate various streets
at Terminal 5, various streets at Terminal 18, Idaho and Dakota Streets and a portion of Iowa
Avenue at the Port's former Terminal 105, South Forest Street at Terminal 25 and a portion of
Alaskan Way South at Terminal 30. Over the next several months Port staff will seek
Commission approval to execute easement documents required by the City for the vacation of
these streets. This memo requests Commission authorization for the Chief Executive to execute
easements needed for the vacation of South Forest Street at Terminal 25. 
On October 25th, 2005, the Commission approved a project request to construct improvements at
Terminals 25 and 30 designed to increase the efficiency of marine cargo operations at this site, to
file a petition with the City for the vacation of submerged South Forest Street (Forest Street), and
to construct public shoreline access improvements at South Portland Street and Eighth Avenue
South in anticipation of the City vacating Forest Street for the benefit of the Port. The pending
vacation of Forest Street by the City has allowed the Port to construct a piling supported bridge
connecting cargo operations at Terminals 25 and 30.
The City provided conditional approval of the Port's request for vacation of Forest Street on May
14, 2007. Before passing a final ordinance to vacate Forest Street, the City is requiring the Port,

COMMISSION AGENDA 
T. Yoshitani, Chief Executive Officer 
September 29, 2010 
Page 2 of 3 

among other things, to execute the Bulkhead Panel and Retaining Wall Maintenance Easement
(Bulkhead Easement), the Public Access Easement, and the Storm Water Drainage Facilities
Easement (Drainage Easement). 
Bulkhead Easement: 
The purpose of the Bulkhead Easement is to provide the City with access to Slip 27 and adjacent
Port property at Pier 27 for the purpose of maintaining the City-owned bulkhead panel and
retaining wall at the west margin of East Marginal Way South after the vacation of Forest Street. 
Public Access Easement: 
As part of the proposed vacation of Forest Street, the Port is also required to provide an
alternative site for use by the public as compensation for the loss of public access to shoreline
area at Forest Street. The Public Access Plan for the Duwamish Waterway, approved by the City
and the Port in 1985, anticipated the potential for vacation of Forest Street. The Port used the
1985 public access plan as a guide in developing public shoreline use improvements in South
Park, consisting of 13,275 square feet of Port owned uplands, 345 linear feet of Duwamish
Waterway shoreline, and approximately 3,725 square feet of public right-of-way. Execution of
the Public Access Easement ensures that the City and the public will have the right to use this
site for access to the shoreline and associated improvements.
Drainage Easement: 
The purpose of the Drainage Easement is to provide the City, which now owns and operates a
municipal drainage system in East Marginal Way South, with the right to construct in the future 
a storm water drainage outfall and other necessary and convenient appurtenances or facilities
(Storm Water Facilities) at the point where East Marginal Way South meets the submerged
Forest Street area. 
The Drainage Easement includes language wherein the Port acknowledges that it has represented
to the City that it has no plans to fill or develop the submerged portion of Forest Street so that the
Storm Water Facilities can properly function as an outfall into a waterway and that it has entered
into agreements with other parties that prevent the Port from filling or developing the submerged
portion of Forest Street. The Drainage Easement also states that in the event those agreements
are no longer valid, or for any other reason the Port is allowed to fill or develop the submerged 
portion of Forest Street, the Port will promptly grant and record an amended easement to extend
the Storm Water Facilities to an available waterway and pay the City for the cost to extend the
Storm Water Facilities.
In addition, the Port will provide an environmental indemnity to the City arising out of or in
connection with the disposal, release or discharge, migration, handling, or transportation of

COMMISSION AGENDA 
T. Yoshitani, Chief Executive Officer 
September 29, 2010 
Page 3 of 3 

hazardous materials or substances from any portion of the Port's property including the easement
area.
These easements were reviewed and approved by the Port's legal counsel.

OTHER DOCUMENTS ASSOCIATED WITH THIS REQUEST:
ATTACHMENT A: East Marginal Way SouthBulkhead Panel and Retaining Wall
Maintenance Easement at Slip 27 and Terminal 25  Seattle Department of
Transportation 
ATTACHMENT B: South Park Public Shoreline Access SitePublic Access Easement
(Eighth Avenue South and South Portland Street) 
ATTACHMENT C: Storm Water Drainage Facilities Easement 

PREVIOUS COMMISSION ACTIONS OR BRIEFINGS:
February 9th, 2010Staff briefed the Commission on background and status of street
vacations at various facilities. 
October 25th, 2005Commission approved improvements at Terminals 25 and 30,
including vacation of South Forest Street.

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