Item 6d Reso 3623 with exh A and legal

RESOLUTION NO. 3623 

A RESOLUTION of the Port Commission of the Port of Seattle
providing for the acquisition by purchase and/or
condemnation of certain real property located at 
14211 Des Moines Memorial Drive South (King
County Tax Number 172304-9219), referenced as
the Property, in the City of Burien, Washington 

WHEREAS, the voters of King County, pursuant to the provisions of enabling
legislation adopted by the Legislature of the State of Washington, Chapter 92, Laws of 1911,
RCW 53.04.010, authorized and approved at a special election held in King County on the 5th
day of September 1911, the formation of a port district coextensive with King County to be
known as the Port of Seattle; and 
WHEREAS, the Port of Seattle was thereupon established as a port district and has since
been and now is a duly authorized and acting port district of the State of Washington and
operator of Seattle-Tacoma International Airport (Airport); and 

WHEREAS, pursuant to RCW 53.08.010 and RCW 14.08.030 the Port of Seattle is
authorized by the State Legislature to acquire property by purchase or through condemnation for
airport purposes; and 

WHEREAS, certain areas around an airport experience airport noise; and 

WHEREAS, under federal land use compatibility guidelines, residences are generally
not compatible with noise levels measured in day-night sound levels of 65 decibels or greater;
and 

WHEREAS, to reduce or eliminate incompatible uses, an airport may acquire land that
falls within the 65 decibel Day Night Limit in order to convert the use of the land to a use that is
compatible with airport operations; and 

- 1 -

WHEREAS, under RCW 14.08.030, such acquisition would be for an airport purpose;
and 

WHEREAS, the Environmental Impact Statement (EIS) for the Third Runway Master
Plan update and the latest Federal Aviation Regulation (FAR) Part 150 Noise and Land Use
Compatibility Study called for residential acquisition in Burien's Northeast Redevelopment Area
(NERA) due to airport noise and operational impacts; and 

WHEREAS, Port staff, in cooperation with Burien Planning staff and the Federal
Aviation Administration (FAA), developed an acquisition boundary for the North Burien
Approach Transition Zone (ATZ) buy-out area based on certain acquisition/relocation criteria;
and 

WHEREAS, Seventy-two residential parcels met the acquisition/relocation criteria and
were identified as eligible for federal funds; and 

WHEREAS, the subject Property lies within the boundary of the North Burien Approach
Transition Zone and lies in an area within the 65 decibel Day Night Limit for level of airport
noise; and 

WHEREAS, the Port and the owner of the subject property have been unable to agree on
its fair market value; and 

WHEREAS, the acquisition of the subject property is a Federal Aviation Regulation Part
150 Noise Compatibility measure and thus eligible for Airport Improvement Program (AIP)
grant funds; and 

WHEREAS, the Port Commission authorized the expenditure of funds for the Third
Runway Overflights Acquisition Project (CIP # C200015) in the 2006-2010 Capital Budget and
Plan of Finance; and 

- 2 -

WHEREAS, in accordance with Chapter 8.12 RCW, the Port of Seattle timely caused to
be delivered to the tax payer of record for the Property a mailing of the Statutory Notice of a
Meeting scheduled for June 23, 2009 of the Port Commission to consider the commencement of
an action to acquire the Property by eminent domain; and 

WHEREAS, in accordance with Chapter 8.12 RCW, the Port of Seattle further caused
such Statutory Notice to be published in The Seattle Times, the newspaper with the largest
circulation in the jurisdiction where the subject Property is located and in Seattle Daily Journal
of Commerce, the newspaper routinely used by the Port for notices; and 

WHEREAS, on June 23, 2009 and July 14, 2009, the Port Commission held General
Meetings to consider the commencement of an eminent domain action to acquire the Property. 

NOW, THEREFORE, BE IT RESOLVED, that 

SECTION 1. The Port of Seattle shall acquire by purchase and/or condemnation the
Property situated in the City of Burien, County of King, State of Washington and legally
described in Exhibit A, attached hereto and by this reference incorporated herein. 

SECTION 2. The acquisition of said Property is for a public use and purpose, to-wit:
acquisition of residential property located in an area where the level of airport noise associated
with the Third Runway is 65 decibels or greater so that the property can be converted to a use
that is compatible with airport operations. 

SECTION 3. There is a public necessity for the acquisition of said Property. The need is
consistent with the Environmental Impact Statement for the Third Runway Master Plan update,
the latest Federal Aviation Regulation Part 150 Noise and Land Use Compatibility Study, and
the identification of the Property as lying within the boundary of the North Burien Approach
Transit Zone. 

- 3 -

SECTION 4. The acquisition of said Property is necessary for the proposed public use,
and for the benefit of the public and the region. 

SECTION 5. Funds for the Third Runway Overflights Acquisition Project (CIP # 
C200015), in combination with Airport Improvement Program grant funds, shall be made
available to carry out the provisions of this Resolution. 

SECTION 6. The Port of Seattle Chief Executive Officer or designee are hereby
authorized and directed to execute all documents for the acquisition of said Property by
negotiated purchase or condemnation and bring proceedings in the manner provided for by law
to condemn, take, damage, and appropriate the lands, property, and other property interests
pursuant to the powers granted to the Port of Seattle including, but not limited to, those powers
granted in RCW Chapters 8.12, 14.08, 53.04, and 53.08 to carry out the provisions of this
Resolution. 

ADOPTED by the Port Commission of the Port of Seattle at a regular meeting held 
this _________ day of _____________________, 2009, and duly authenticated in open session
by the signatures of the Commissioners voting in favor thereof and the seal of the Commission. 






Port Commission 

- 4 -


EXHIBIT A            Item Number:  6d_Supp
Date of Meeting: 06/23/09



3rd Runway Approach
Transition
Zone (ATZ)

Subject Property
(14211 Des Moines
Memorial Drive)

Burien's Northeast
Redevelopment Area
(NERA)

EXHIBIT A 
TO 
RESOLUTION NO. 3623 

King County Tax ID Number 172304-9219: 
Parcel B: 
BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF THE
SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 17, TOWNSHIP 23 NORTH, RANGE 4 EAST,
WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, WITH
THE WESTERLY LINE OF DES MOINES WAY AND RUNNING 
THENCE WEST ALONG THE NORTH LINE OF SAID SUBDIVISION
300.00 FEET; 
THENCE SOUTH AT RIGHT ANGLES THERETO 95.00 FEET; 
THENCE EAST PARALLEL TO SAID NORTH LINE OF SAID
SUBDIVISION 289.09 FEET TO 
THE WESTLY LINE OF SAID DES MOINES WAY; 
THENCE NORTHERLY ALONG SAID WESTERLY LINE 95.63 FEET TO
THE POINT OF BEGINNING. 










- 5 -

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.