10a. Draft Resolution 3802
10a. Draft Resolution 3802
1 Item No. 10a_reso 2 Meeting Date: May 10, 2022 3 4 5 6 PORT OF SEATTLE 7 RESOLUTION NO. 3802 8 9 10 A RESOLUTION of the Port Commission of the Port of Seattle to amend 11 Unit 18 of the Comprehensive Scheme of Harbor 12 Improvements of the Port of Seattle by: (i) declaring 13 certain real property surplus and no longer needed for 14 Port district purposes; (ii) deleting said property from 15 Unit 18 of the Comprehensive Scheme; and (iii) 16 authorizing the Executive Director to take all necessary 17 steps and execute all documents for the sale of such real 18 property to Bridge Point Seatac 300, LLC. 19 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 WHEREAS, the Port of Seattle (the "Port") was thereupon established as a port district 27 and has since been and now is a duly authorized and acting port district of the State of Washington; 28 and 29 WHEREAS, the Port of Seattle Port Commission established the Port's Comprehensive 30 Scheme of Harbor Improvements in 1912 by adoption of Resolution No. 17; and 31 WHEREAS, on November 5, 1946, the Port Commission established Unit 18 of the 32 Comprehensive Scheme by adoption of Resolution No. 1194, which unit has been subsequently 33 amended as provided by law; and Resolution No. 3802 34 WHEREAS, included within said Unit 18 is certain Port-owned real property located in 35 the vicinity of 1410 South 200th Street, City of Seatac, King County, State of Washington 36 (portions of Parcel Nos. 7686200620, 7686200560, 7686200980 and 7686201520) (the "Remnant 37 Property") together with certain street right of way areas adjacent thereto (the "Right of Way 38 Areas"), as legally described on attached Exhibit A (collectively, the "Property"); and 39 WHEREAS, the Port retained ownership of the Remnant Properties following a 2008 sale 40 of other Port property to the Washington State Department of Transportation in connection with 41 its planned Highway 509 extension project; and 42 WHEREAS, Bridge Point Seatac 300, LLC ("Bridge Point") owns certain real estate 43 adjacent to the Property and is preparing to commence construction of two distribution and 44 warehouse buildings on its development site property; and 45 WHEREAS, Bridge Point brought a quiet title action in King County Superior Court (the 46 "Court"), naming the Port as a defendant, for the purpose of disputing and quieting title to Right 47 of Way Areas (the "Quiet Title Action"); and 48 WHEREAS, the Port and Bridge Point have discussed resolving the Quiet Title Action by 49 entering into a transaction under which Bridge Point will purchase from the Port, for appraised fair 50 market value, the Property, including the Port's interest in the disputed Right of Way Areas which 51 are the subject of the Quiet Title Action (the "Proposed Sale Transaction"); and 52 WHEREAS, in connection with the Proposed Sale Transaction, the Port and Bridge are 53 currently negotiating to finalize a purchase and sale agreement, pursuant to which Bridge Point 54 would purchase the Property for appraised fair market value, and would also grant the Port 55 avigation easements on Bridge Point's development site property, contingent upon the parties 56 obtaining a stipulated order of judgment from the Court to (i) legally establish Bridge Point and Resolution No. 3802 57 the Port's respective ownership of portions of the Right of Way Areas and (ii) resolve the Quiet 58 Title Action (the "Purchase and Sale Agreement"); and 59 WHEREAS, a resolution declaring the Property surplus to port district needs and no longer 60 needed for port district purposes is a prerequisite to sale of the Property to Bridge Point; and 61 WHEREAS, an official public hearing was held May 24, 2022, after notice of such hearing 62 was duly published as provided by law, to consider whether the Property should be declared no 63 longer needed for port district purposes and surplus to port district needs and the proposed sale of 64 the Property to Bridge Point; and 65 WHEREAS, the maps and other data regarding the Property are on file at the offices of 66 the Port's Aviation Properties Division; and 67 WHEREAS, the Port of Seattle Commission has heard from all persons desiring to speak 68 at the public hearing regarding the proposed surplusing of the Property and sale of the Property to 69 Bridge Point; and 70 WHEREAS, the members of the Port of Seattle Commission have considered the proposed 71 surplusing of the Property, the proposed sale of the Property to Bridge Point, and any comments 72 by members of the public attending the public hearing. 73 NOW, THEREFORE, BE IT RESOLVED by the Port Commission of the Port of 74 Seattle that: 75 Section 1. The Property, described on Exhibit A attached to this Resolution, which is 76 part of Unit 18 of the Comprehensive Scheme, is hereby declared surplus to Port of Seattle needs 77 and no longer needed for Port purposes and deleted from Unit 18 of the Comprehensive Scheme. 78 Resolution No. 3802 79 Section 2. T he Executive Director, or his designee, is authorized to finalize 80 negotiation, prepare and execute all necessary documents, including the Purchase and Sale 81 Agreement, for the Port to sell the Property to Bridge Point for appraised fair market value. 82 ADOPTED by the Port Commission of the Port of Seattle at a regular meeting thereof, held 83 this ____ day of ____________, 2022, and duly authenticated in open session by the signatures of 84 the Commissioners voting in favor thereof and the seal of the Commission. 85 86 87 ______________________________ 88 89 _______________________________ 90 91 _______________________________ 92 93 _______________________________ 94 95 _______________________________ 96 Port Commissioners 97 Resolution No. 3802 98 EXHIBIT A 99 TO 100 RESOLUTION NO. 3802 101 102 Legal Description of Property 103 104 THOSE PORTIONS OF THE SOUTHEAST QUARTER AND THE NORTHEAST QUARTER 105 OF SECTION 05, TOWNSHIP 22 NORTH, RANGE 04 EAST, W.M., KING COUNTY, 106 WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: 107 108 BLOCKS 14 AND 15, SEELEY'S ADDITION TO THE CITY OF DES MOINES 109 "VACATED", ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 4 OF 110 PLATS, PAGE 59, IN KING COUNTY, WASHINGTON; 111 112 TOGETHER WITH THE EAST HALF OF ALLEY LYING WEST OF THE SOUTH 50 FEET 113 AND THE SOUTH 50 FEET OF THE NORTH 150 FEET OF SAID BLOCK 15, VACATED 114 BY ORDER ENTERED IN KING COUNTY SUPERIOR COURT CAUSE NUMBER 115 85-2-07561-7, RECORDED UNDER RECORDING NUMBER 8508150435 AND 116 ATTACHING THERETO BY OPERATION OF LAW; 117 118 AND TOGETHER WITH 14TH AVENUE SOUTH, ADJOINING SAID BLOCKS 14 AND 15, 119 VACATED BY CITY OF SEATAC ORDINANCE NUMBERS 98-1044 AND 96-1011, 120 RECORDED UNDER RECORDING NUMBERS 9904151321 AND 20060614001524, AND 121 ATTACHING THERETO BY OPERATION OF LAW; 122 123 AND TOGETHER WITH THE NORTH HALF OF SOUTH 198TH ADJOINING SAID 124 BLOCKS 14 AND 15, VACATED BY ORDER ENTERED IN KING COUNTY SUPERIOR 125 COURT CAUSE NUMBER 85-2-07561-7, RECORDED UNDER RECORDING NUMBER 126 8508150435 AND VACATED BY CITY OF SEATAC ORDINANCE NUMBER 96-1011, 127 RECORDED UNDER RECORDING NUMBER 20060614001524, AND ATTACHING 128 THERETO BY OPERATION OF LAW. 129 130 EXCEPTING THAT PORTION DESCRIBED IN QUIT CLAIM DEED RECORDED UNDER 131 RECORDING NUMBER 20090807001592. 132 133 134 135 136 137 138 139 140 141 142 143 Resolution No. 3802 144 145 146 147 BLOCKS 22 AND 32, SEELEY'S ADDITION TO THE CITY OF DES MOINES 148 "VACATED", ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 4 OF 149 PLATS, PAGE 59, IN KING COUNTY, WASHINGTON; 150 151 TOGETHER WITH EAST HALF OF 15TH AVENUE SOUTH, ADJOINING SAID BLOCKS 152 22 AND 32, VACATED BY CITY OF SEATAC ORDINANCE NUMBER 96-1011, 153 RECORDED UNDER RECORDING NUMBER 20060614001524, AND ATTACHING 154 THERETO BY OPERATION OF LAW; 155 156 AND TOGETHER WITH SOUTH 199TH STREET, ADJOINING SAID BLOCKS 22 AND 32, 157 VACATED BY CITY OF SEATAC ORDINANCE NUMBERS 98-1044 AND 96-1011, 158 RECORDED UNDER RECORDING NUMBERS 9904151321 AND 20060614001524, AND 159 ATTACHING THERETO BY OPERATION OF LAW; 160 161 AND TOGETHER WITH THE WEST HALF OF ALLEY, ADJOINING SAID BLOCKS 32, 162 VACATED BY CITY OF SEATAC ORDINANCE NUMBER 98-1044, RECORDED UNDER 163 RECORDING NUMBER 990415321, AND ATTACHING THERETO BY OPERATION OF 164 LAW; 165 166 EXCEPTING THAT PORTION DESCRIBED IN QUIT CLAIM DEED RECORDED UNDER 167 RECORDING NUMBER 20090807001592. 168 169 Resolution No. 3802
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