PORT OF SEATTLE
MEMORANDUM
COMMISSION AGENDA
Item No.
5e
Date of Meeting
June 9, 2009
DATE:
May 6, 2009
TO:
Tay Yoshitani, Chief Executive Officer
FROM:
Diane Summerhays, Director, Aviation Community Development
Craig R. Watson, General Counsel
SUBJECT:
Request for Port Commission authorization for the General Counsel to enter into
a Stipulation for Immediate Use and Possession of Port property being
condemned by the City of Des Moines for a proposed misdemeanant correctional
facility.
SYNOPSIS
This request is for authorization for the General Counsel to enter into a Stipulation for Immediate
Use and Possession of Port property being condemned by the City of Des Moines.
BACKGROUND
The Port of Seattle property depicted on the attached map was identified by SCORE (South
Correctional Entity), an interagency coalition comprised of the cities of Auburn, Des Moines,
Federal Way, Renton, Burien, Tukwila and SeaTac, as the location for a new misdemeanant
correctional facility. In April 2009, the City of Des Moines (City) moved to acquire the property
from the Port through a condemnation action.
The property was acquired by the Port primarily for noise mitigation. It is in a remote area south
of SeaTac International Airport, adjacent to the SR509 old right of way and 208
th
Street. No
aviation-related use has been identified for the parcel. Consistent with Federal Aviation
Administration requirements, restrictions will be incorporated into the agreement with the City to
ensure the property will be used in a manner compatible with an airport environment.
SCORE’s plans call for commencing construction of the facility by August 2009. However, the
Port and the City have not reached agreement on the fair market value of the property. In
addition, road access to the facility is under negotiation. To meet its construction goal pending
resolution of these issues, SCORE is requesting possession of the property effective August 1,
2009 through a Stipulation for Immediate Use and Possession. As required under condemnation
law, SCORE will pay the Port its appraised value for the property at the time it takes possession.