10a. Draft Resolution 3799

10a. Draft Resolution 3799

Item Number:        10a_reso 
Meeting Date:     January 25, 2022 
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3                                      PORT OF SEATTLE 
4                                   RESOLUTION NO. 3799 
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6            A RESOLUTION    of  the  Port  Commission  of  the  Port  of  Seattle 
7                                    declaring surplus and no longer needed for port
8                                    district purposes approximately 2.56 acres of Port-
9                                    owned real property, commonly referred to as Tract
10                                 "B" and located in the City of Des Moines, King
11                                 County; and further authorizing the transfer of said
12                                 real  property  to  the  City  of  Des  Moines  for
13                                 stormwater facilities in support of improvements at 
14                                 Des Moines Business Park 
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18           WHEREAS, the voters of King County, pursuant to the provisions of enabling legislation
19    adopted by the Legislature of the State of Washington, Chapter 92, Laws of 1911, RCW 53.04.010,
20    authorized and approved at a special election held in King County on the 5th day of September
21    1911, the formation of a port district coextensive with King County to be known as the Port of
22    Seattle; and 
23           WHEREAS, the Port of Seattle was thereupon established as a port district and has since
24    been and now is a duly authorized and acting port district of the State of Washington; and 
25           WHEREAS, the Port of Seattle Port Commission established the Port of Seattle's 
26    Comprehensive Scheme in 1912 by adoption of Resolution No. 17; and 
27           WHEREAS, on November 5, 1946, the Port Commission established Unit 18 of the
28    Comprehensive Scheme by adoption of Resolution No. 1194, which unit has been subsequently
29    amended as provided by law; and 
30         WHEREAS,  the Port owns the real property described on attached Exhibit A  (the
31    "Property"); and 

Resolution 3799, Tract "B" Surplus Property Located in Des Moines                            Page 1 of 4

32         WHEREAS, the Property consists of 2.56 acres of land, more or less, and is within Unit 18
33    of the Comprehensive Scheme; and 
34         WHEREAS, the Property includes stormwater improvements in support of the Port-owned
35    property commonly known as Des Moines Creek Business Park ("DMCBP"), said stormwater
36    improvements were constructed by the Port's tenant at DMCBP for transfer to and operation by 
37    the City of Des Moines; and 
38         WHEREAS, Chapter 39.33 of the Revised Code of Washington provides that the Port may
39    "sell, transfer, exchange, lease or otherwise dispose of any property  to the state of any
40    municipality of any political subdivision thereof . . . on such terms and conditions as may be
41    mutually agreed upon . . ."; and 
42         WHEREAS, the maps and other data regarding the Property proposed for conveyance to the
43    City of Des Moines are on available at the Port offices; and 
44         WHEREAS, the Port Commission has publish noticed of an official public hearing to be
45    held on January 25, 2022, as required pursuant to Chapter 39.33 of the Revised Code of
46    Washington; and 
47         WHEREAS, the Port Commission has heard from all persons desiring to speak at said public
48    hearing with regard to the proposed Property transfer; and 
49           WHEREAS, the members of the Port Commission have discussed and considered the
50    proposed Property transfer in light of all comments by members of the public at the public hearing. 
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Resolution 3799, Tract "B" Surplus Property Located in Des Moines                            Page 2 of 4

58         NOW, THEREFORE, BE IT RESOLVED by the Port Commission of the Port of Seattle
59    that: 
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62         Section 1.    The Property described on Exhibit A attached to this Resolution which is part
63    of Unit 18 of the Comprehensive Scheme is no longer needed for Port purposes and is declared
64    surplus to Port needs. 
65           Section 2.     The Port's Executive Director is authorized to take all steps and execute all
66    documents necessary to transfer title of the Property to the City of Des Moines in accordance with
67    Chapter 39.33 of the Revised Code of Washington 
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69           Section 3.     The Comprehensive Scheme is hereby amended to reflect that the Property
70    is hereby deleted from Unit No. 18. 
71 
72         ADOPTED by the Port Commission of the Port of Seattle at a regular meeting thereof, held
73    this _____ day of ___________________, 20___ and duly authenticated in open session by the
74    signatures of the Commissioners voting in favor thereof and the seal of the Commission. 
75                                               Port Commissioners 
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78                                               ___________________________________ 
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80                                               ___________________________________ 
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82                                               ___________________________________ 
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84                                               ___________________________________ 
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86                                               ___________________________________ 
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Resolution 3799, Tract "B" Surplus Property Located in Des Moines                            Page 3 of 4

91                       EXHIBIT "A" to Resolution No. ______ 
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94                                 Legal Description of Property 
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97    Tract B, City of Des Moines Short Plat No. LUA2013-0036 Alteration, as recorded under
98    Recording No. 20160426900009, records of King County, Washington. 
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