8g. Draft Resolution 3800

8g. Draft Resolution 3800

1                                                                           Item No.: 8g__reso 
2                                                                           Meeting Date: April 12, 2022 
3 
4 
5                                        PORT OF SEATTLE 
6                                      RESOLUTION NO. 3800 
7 
8 
9          A RESOLUTION     of  the  Port  Commission  of  the  Port  of  Seattle
10                                declaring surplus and no longer needed for port
11                                district purposes approximately 88,325 square feet
12                                (2.3 acres) of Port-owned real property located in the
13                                City of SeaTac, King County; and further authorizing
14                                the Executive Director, or his designee, to finalize
15                                negotiation,  prepare  and  execute  all  necessary
16                                documents to convey in fee and permanent easement
17                                a portion of said real property to Sound Transit for use
18                                in  the  development  of  the  Federal  Way  Link
19                                Extension Project 
20 
21           WHEREAS, the voters of King County, pursuant to the provisions of enabling legislation
22    adopted by the Legislature of the State of Washington, Chapter 92, Laws of 1911, RCW 53.04.010,
23    authorized and approved at a special election held in King County on the 5th day of September
24    1911, the formation of a port district coextensive with King County to be known as the Port of
25    Seattle; and 
26 
27           WHEREAS, the Port of Seattle (the "Port") was thereupon established as a port district
28    and has since been and now is a duly authorized and acting port district of the State of Washington;
29    and 
30 
31           WHEREAS, the Port owns certain real property consisting of approximately 88,325 
32    square feet (2.3 acres) located in the City of SeaTac, King County, Washington with the legal
33    description  as  set  forth  on  attached  Exhibit  A  together  with  the  improvements  thereon
34    (collectively, the "Property"); and 
35 
36           WHEREAS, the Central Puget Sound Regional Transit Authority ("Sound Transit") by
37    letter dated July 30, 2021 has offered to purchase a portion of the Property (the "Fee Take
38    Property"), and to obtain a permanent Guideway Easement (the "Guideway Easement") and a
39    permanent  Sewer  Easement  (the  "Sewer  Easement")  on  other  portions  of  the  Property 
Resolution No. 3800

40    (collectively,  the  "Sound  Transit  Acquisition  Property"),  from  the  Port,  under  threat  of
41    condemnation, for the aggregate price of $313,000 (the "Sound Transit Acquisition Offer"), said
42    offer price being determined based on a market value appraisal prepared by Richard P. Herman, 
43    R.P. Herman & Associates LLC, Washington State Certified General Real Estate Appraiser (WA
44    License No. 1100435) (the "Sound Transit Appraisal"); and 
45 
46           WHEREAS, the individual legal descriptions for the Fee Take Property, the Guideway
47    Easement property and the Sewer Easement property are as set forth, collectively, on attached
48    Exhibits B-1, B-2 and B-3; and
49 
50           WHEREAS, Sound Transit intends to utilize the Sound Transit Acquisition Property in
51    connection with its construction and operation of the Federal Way Link Extension , extending its
52    light system from the Angle Lake Station in the City of SeaTac to the Federal Way Transit Center; 
53    and 
54 
55           WHEREAS, the Port has reviewed the Sound Transit Acquisition Offer and the Sound
56    Transit Appraisal, including review of a third-party validity assessment of the Sound Transit 
57    Appraisal prepared by Kidder Mathew's David M. Chudzik, Washington State Certified General
58    Real Estate Appraiser (WA Certificate No. 1102099), the Port's Member Appraisal Institute
59    (MAI) appraiser; and 
60 
61           WHEREAS, the Port intends to sell at a later date the remainder of the Property (less the 
62    portions consisting of the Fee Take Property), consisting of approximately 84,130 square feet (the
63    "Remainder Property"), to a suitable to-be-determined third party, for fair market value, pending
64    subsequent Commission review and authorization; and 
65 
66           WHEREAS,  pursuant  to  Chapter  39.33  of  the  Revised  Code  of  Washington
67    (Intergovernmental Disposition of Property Act) the Port may sell, transfer, exchange, lease or
68    otherwise dispose of real and personal property to the state, any municipality or any political
69    subdivision thereof on such terms and conditions as may be mutually agreed upon by the governing
70    authorities of the participating entities; and 
71 

Resolution No. 3800

72           WHEREAS, a resolution declaring the Property surplus to port district needs and no longer
73    needed for port district purposes is a prerequisite to conveyance of the Sound Transit Acquisition
74    Property to Sound Transit as well as for the eventual sale of the Remainder Property to a suitable
75    third party purchaser; and 
76 
77           WHEREAS, an official public hearing was held March 22, 2022, after notice of such
78    hearing was duly published as provided by law, to consider whether the Property should be
79    declared no longer needed for port district purposes and surplus to port district needs and the
80    proposed conveyance of the Sound Transit Acquisition Property to Sound Transit; and 
81 
82           WHEREAS, the maps and other data regarding the Property, including the Sound Transit
83    Acquisition Property for proposed conveyance to Sound Transit, are on file at the offices of the
84    Port's Airport Properties Division; and 
85 
86           WHEREAS, the Port of Seattle Commission has heard from all persons desiring to speak
87    at the public hearing regarding the proposed surplusing of the Property and conveyance of the
88    Sound Transit Acquisition Property to Sound Transit; and 
89 
90           WHEREAS, the members of the Port of Seattle Commission have considered the proposed
91    surplusing of the Property, the proposed conveyance of the Sound Transit Acquisition Property to
92    Sound Transit, and any comments by members of the public attending the public hearing. 
93 
94           NOW, THEREFORE, BE IT RESOLVED, by the Port Commission of the Port of
95    Seattle that: 
96 
97           Section 1.     The Property, described on Exhibit A attached to this Resolution, is no
98    longer needed for Port purposes and is hereby declared surplus to Port needs. 
99 
100           Section 2.    The  Executive  Director,  or  his  designee,  is  authorized  to  finalize
101    negotiation, prepare and execute all necessary documents to convey the Sound Transit Acquisition
102    Property to Sound Transit for the total price of Three Hundred Thirteen Thousand and 00/100
103    Dollars ($313,000).
104 
Resolution No. 3800

105 
106         ADOPTED by the Port Commission of the Port of Seattle at a regular meeting thereof, held
107    this ____ day of ____________, 2022, and duly authenticated in open session by the signatures of
108    the Commissioners voting in favor thereof and the seal of the Commission. 
109 
110 
111                                                     ______________________________ 
112 
113                                                    _______________________________ 
114 
115                                                    _______________________________ 
116 
117                                                    _______________________________ 
118 
119                                                    _______________________________ 
120                                                           Port Commissioners 
121 











Resolution No. 3800

122                                          EXHIBIT A 
123                                               TO 
124                                    RESOLUTION NO. 3800 
125 
126                                  Legal Description of Property 
127 
128    PIN 3445000141 
129 
130    THE SOUTH 140 FEET OF TRACT 19, HOMESTEAD PARK FIVE ACRE TRACTS,
131    ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 7 OF PLATS, PAGE 88,
132    IN KING COUNTY, WASHINGTON; EXCEPT THE EAST 5 FEET THEREOF CONVEYED
133    TO KING COUNTY FOR ROAD BY DEED RECORDED IN VOLUME 8 OF DEEDS, PAGE
134    123. 
135    TOGETHER WITH THAT PORTION OF 26TH AVENUE SOUTH AS VACATED BY
136    ORDINANCE NO. 4010, RECORDED UNDER RECORDING NO. 7901181063, AS WOULD
137    ATTACH BY OPERATION OF LAW. 
138    EXCEPT THAT PORTION OF SAID TRACT 19 CONVEYED TO THE STATE OF
139    WASHING TON BY DEED RECORDED UNDER RECORDING NUMBER 2020012801255,
140    IN KING COUNTY, WASHINGTON. 
141 
142    TOGETHER WITH: 
143 
144    PIN 3445000155 
145 
146    TRACT 22, HOMESTEAD PARK FIVE ACRE TRACTS, ACCORDING TO THE PLAT
147    THEREOF RECORDED IN VOLUME 7 OF PLATS, PAGE 88, IN KING COUNTY,
148    WASHINGTON; EXCEPT THE EAST 5 FEET THEREOF CONVEYED TO KING COUNTY
149    FOR ROAD BY DEED RECORDED IN VOLUME 8 OF DEEDS, PAGE 123. 
150 
151    TOGETHER WITH THAT PORTION OF 26TH AVENUE SOUTH AS VACATED BY
152    ORDINANCE NO. 4010, RECORDED UNDER RECORDING NO. 7901181063, AS WOULD
153    ATTACH BY OPERATION OF LAW. 
154 
155    AND EXCEPT THAT PORTION OF SAID TRACT 22 CONVEYED TO THE STATE OF
156    WASHINGTON BY DEED RECORDED UNDER RECORDING NUMBER 20200128001255,
157    IN KING COUNTY, WASHINGTON. 
158 
159 
160 
161 
162 
163 
164 
165 

Resolution No. 3800

166                                          EXHIBIT B-1 
167                                               TO 
168                                    RESOLUTION NO. 3800 
169 
170                           Legal Description of the Fee Take Property 
171 
172    THAT PORTION OF THE PROPERTY (SAID PROPERTY BEING DESCRIBED IN
173    EXHIBIT "A" ATTACHED HERETO), DESCRIBED AS FOLLOWS: 
174 
175       BEGINNING AT THE NORTHEAST CORNER OF SAID PROPERTY; 
176       THENCE ALONG THE EAST LINE THEREOF, S0030'38"E A DISTANCE OF 140.09
177       FEET 
178       TO THE SOUTHEAST CORNER OF SAID PROPERTY; 
179       THENCE ALONG THE SOUTH LINE THEREOF, N8829'27"W A DISTANCE OF 21.96
180       FEET; 
181       THENCE LEAVING SAID SOUTH LINE, N0421'02"W A DISTANCE OF 17.91 FEET; 
182       THENCE N0206'16"W A DISTANCE OF 16.61 FEET; 
183       THENCE N0223'15"E A DISTANCE OF 16.74 FEET; 
184       THENCE N1033'24"E A DISTANCE OF 43.67 FEET; 
185       THENCE N1706'51"E A DISTANCE OF 47.50 FEET TO THE POINT OF
186       BEGINNING. 
187 
188       CONTAINING 2,309 SQUARE FEET, MORE OR LESS. 
189 
190       TOGEHER WITH: 
191 
192       THAT PORTION OF THE PROPERTY (SAID PROPERTY BEING DESCRIBED IN
193       EXHIBIT "A" ATTACHED HERETO), DESCRIBED AS FOLLOWS: 
194 
195       BEGINNING AT THE NORTHEAST CORNER OF SAID PROPERTY; 
196       THENCE ALONG THE EAST LINE THEREOF, S0030'38"E A DISTANCE OF 101.02
197       FEET; 
198       THENCE LEAVING SAID EAST LINE, S8538'58"W A DISTANCE OF 15.08 FEET; 
199       THENCE N0421'02"W A DISTANCE OF 103.04 FEET TO THE NORTH LINE OF SAID
200       PROPERTY; 
201       THENCE ALONG SAID NORTH LINE, S8829'27"E A DISTANCE OF 21.96 FEET TO
202       THE POINT OF BEGINNING. 
203 
204       CONTAINING 1,886 SQUARE FEET, MORE OR LESS. 



Resolution No. 3800

205                                          EXHIBIT B-2 
206                                               TO 
207                                    RESOLUTION NO. 3800 
208 
209                      Legal Description of the Guideway Easement Property 
210 
211    THAT PORTION OF THE PROPERTY (SAID PROPERTY BEING DESCRIBED IN
212    EXHIBIT "A" ATTACHED HERETO), DESCRIBED AS FOLLOWS: 
213 
214       BEGINNING AT THE NORTHEAST CORNER OF SAID PROPERTY; 
215       THENCE S1706'51 "W A DISTANCE OF 47.50 FEET; 
216       THENCE S1033'24"W A DISTANCE OF 9.47 FEET; 
217       THENCE N0420'40"W A DISTANCE OF 55.39 FEET TO THE NORTH LINE OF SAID
218       PROPERTY; 
219       THENCE ALONG SAID NORTH LINE, S8829'27"E A DISTANCE OF 19.92 FEET TO
220       THE POINT OF BEGINNING. 
221 
222       CONTAINING 523 SQUARE FEET, MORE OR LESS. 
223 
224       TOGETHER WITH: 
225 
226       THAT PORTION OF THE PROPERTY (SAID PROPERTY BEING DESCRIBED IN
227       EXHIBIT "A" ATTACHED HERETO), DESCRIBED AS FOLLOWS: 
228 
229       COMMENCING AT THE NORTHEAST CORNER OF SAID PROPERTY; 
230       THENCE ALONG THE EAST LINE THEREOF, S0030'38"E A DISTANCE OF 101.02
231       FEET TO THE POINT OF BEGINNING; 
232       THENCE CONTINUING ALONG SAID EAST LINE, S0030'38"E A DISTANCE OF
233       55.19 FEET; THENCE LEAVING SAID EAST LINE, N0420'40''W A DISTANCE OF
234       55.07 FEET TO A POINT THAT BEARS S8538'58"W FROM THE POINT OF
235       BEGINNING; 
236       THENCE N8538'58"E A DISTANCE OF 3.69 FEET TO THE POINT OF BEGINNING. 
237 
238       CONTAINING 102 SQUARE FEET, MORE OR LESS. 
239 
240 




Resolution No. 3800

241                                          EXHIBIT B-3 
242                                               TO 
243                                    RESOLUTION NO. 3800 
244 
245                        Legal Description of the Sewer Easement Property 
246 
247 
248    THAT PORTION OF THE PROPERTY (SAID PROPERTY BEING DESCRIBED IN
249    EXHIBIT "A" ATTACHED HERETO), DESCRIBED AS FOLLOWS: 
250 
251       COMMENCING AT THE NORTHEAST CORNER OF SAID PROPERTY; 
252       THENCE Sl706'5l"W A DISTANCE OF 4.11 FEET TO THE POINT OF BEGINNING; 
253       THENCE CONTINUING, S1706'51"W A DISTANCE OF 43.39 FEET; 
254       THENCE S 1033 '24"W A DISTANCE OF 40.36 FEET; 
255       THENCE N0042'37''W A DISTANCE OF 69.94 FEET; 
256       THENCE N6156'24"E A DISTANCE OF 23.83 FEET TO THE POINT OF BEGINNING. 
257 
258       CONTAINING 641 SQUARE FEET MORE OR LESS. 
259 
260       TOGETHER WITH: 
261 
262       COMMENCING AT THE NORTHEAST CORNER OF SAID PROPERTY; 
263       THENCE ALONG THE NORTH LINE THEREOF, N8829'27"W A DISTANCE OF 21.96
264       FEET TO THE POINT OF BEGINNING; 
265       THENCE LEAVING SAID NORTH LINE, S0049'23"E A DISTANCE OF 4.95 FEET; 
266       THENCE S0003'50"E A DISTANCE OF 215.40 FEET; 
267       THENCE S8351 '42"E A DISTANCE OF 23.76 FEET TO THE EAST LINE OF SAID
268       PROPERTY; 
269       THENCE ALONG SAID EAST LINE, N0030'38"W A DISTANCE OF 15.10 FEET; 
270       THENCE LEAVING SAID EAST LINE, N8351 '42"W A DISTANCE OF 8.55 FEET; 
271       THENCE N0003'50"W A DISTANCE OF 104.70 FEET; 
272       THENCE S8538'58"W A DISTANCE OF 7.38 FEET; 
273       THENCE N0421 '02"W A DISTANCE OF 103.04 FEET TO POINT OF BEGINNING. 
274 
275       CONTAINING 2,297 SQUARE FEET, MORE OR LESS. 





Resolution No. 3800

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.