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

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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.
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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 
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119 
120                                                Port of Seattle Commission



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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: 





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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: 


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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: 






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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: 




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