Reso 3623 Adopted

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
142 1 1 Des Moines Memorial Drive South (King
County Tax Number 1723 04-9219), 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 53.08.01 0 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

WIIEREAS, under RCW 14.08.030,such acquisition would bc for an airport purpose;
and

WI-IEREAS,the Environmental Impact Statemcnt (EIS) for thc Third Runway Mastcr
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 RedevelopmentArea
(NERA) due to airport noise and operational impacts; and

WHEREAS, Port staff, in cooperation with Burien Planning staff'and the Fcdcral
Aviation Administration (FAA), dcvcloped an acquisition boundary for the North Burien
Approach 'Transition Zonc (ATZ) buy-out area based on ccrtain acquisition/l-clocationcriteria;
and

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

WHEREAS, the sub-ject Property lies within thc boundary of the North Burien Approach
'Transition Zonc and lics 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, -theacquisition of the subject property is a Federal Aviation Regulation Part
150 Noise Compatibility measure and thus eligible for Airport Inlprovement Program (AIP)
grant funds; and

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

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, -thePort 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 wi'th 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.

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 Pro-ject(CJP #
C200015), in conlbination with Airport improvement Program grant funds, shall bc inadc
available to carry out the provisions of this Resolution.

SECTION 6. The Port of Seattle Chief Executive Officer or designee arc hereby
authorized and dircctcd 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 linlitcd 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 i'/fi'      day of   d d ~ /
, 2009, and duly authenticated in open session
by the signat~iresof the Cornmissioners voting in favor thereof and the seal of the Commission.



PAIRICW DAVIS

BlLL BRYANT
CREIGHTON
B             Port Commission
EXHIBIT A
TO
RESOLUTION NO. 3623

King County Tax ID Number 172304-92 19:
Parcel B:
BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF THE
SOUTH HALF OF THE SOUTI-IEAST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 17, TOWNSIJIP 23 NOR'TH, RANGE 4 EAST,
WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, WITH
THE WESTERLY LINE OF DES MOIIVES WAY AND RUIVNING
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
SLTBDIVISION 289.09 FEET TO
THE WESTLY LINE OF SAID DES MOINES WAY;
TI-IENCE NORTHERLY ALONG SAID WESTERLY LINE 95.63 FEET TO
THE POINT OF BEGINNING.

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