RESOLUTION NO. 3659

A RESOLUTION  of the Port Commission of the Port of Seattle
declaring certain real property located in the City of
Kirkland and the City of Bellevue (a portion of the
Woodinville Subdivision) and any improvements
located thereon surplus and no longer needed for
Port purposes, authorizing its transfer to the City of
Kirkland and authorizing the Chief Executive
Ofcer to execute all documents related to such
transfer.

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

WHEREAS, the Port owns the real property described on attached Exhibit A (the
"Property") and all improvements thereon, consisting primarily of railroad tracks and ties (the
"Improvements"); and

WHEREAS, on November 5, 2009, the Port entered into a Memorandum of
Understanding (the "MOU") with King County, Sound Transit, Cascade Water Alliance, Puget
Sound Energy and the City of Redmond setting forth the mutual understanding of the parties for

the completion of future transactions where the Regional Partners would purchase from the Port

interests in the Woodinville Subdivision and thus share in the cost of acquiring it; and

WHEREAS, on June 30, 2010, the City of Redmond acquired the portion of the
Woodinville Subdivision located in the City of Redmond; and

WHEREAS, on December 20, 2010, Puget Sound Energy acquired an easement over
both the freight and railbanked portions of the Woodinville Subdivision; and

WHEREAS, on August 18, 2011, the Port and Sound Transit entered into a Purchase and
Sale Agreement for acquisition of (i) a portion of the Woodinville Subdivision located within

the City of Bellevue and (ii) a permanent high capacity transportation easement over the

railbanked portion of the Woodinville Subdivision; and

WHEREAS, the City of Kirkland wants to acquire the Property and the Improvements for
trail and transportation uses; and

WHEREAS, pursuant to Chapter 39.33 ofthe Revised Code of Washington

(Intergovernmental Disposition of Property Act) the Port may sell, transfer, exchange, lease or

otherwise dispose of real and personal property to the state, any municipality or any political

subdivision thereof on such terms and conditions as may be mutually agreed upon by the

governing authorities of the participating entities; and

WHEREAS, the maps and other data regarding the Property proposed for transfer to the

City of Kirkland are on le at the ofces of the Port's Real Estate Division; and

WHEREAS, the Port of Seattle Commission has heard from all persons desiring to speak
at the public hearing regarding the proposed property transfer; and

WHEREAS, the members of the Port of Seattle Commission have considered the
proposed property sale and any comments by members of the public attending the public
hearing.

NOW, THEREFORE, BE IT RESOLVED by the Port Commission of the Port of
Seattle that:

Section 1.  The Property, described on Exhibit A attached to this Resolution, and

Improvements thereon are no longer needed for Port purposes and are declared surplus to Port

needs.

Section 2.  The Chief Executive Ofcer is authorized to take all steps and execute all

documents necessary to sell the Property and Improvements to the City of Kirkland for a
purchase price of Five Million Dollars ($5,000,000).

ADOPTED by the Port Commission of the Port of Seattle at a regular meeting thereof,
3
held this
day of FgJ LR ,
2012, and duly authenticated in open session by the
signatures of the Commissioners voting in favor thereof and the seal of the Commission.







ort Commissioners

N a
.f'.

RESOLUTION NO. 3659_EXHIBIT A

Pursuant to Chapter 39.33 RCW, notice is hereby given that during a regular meeting of
the Port Commission of the Port of Seattle commencing at approximately 1:00 pm. on
Tuesday, February 14, 2012 at Pier 69, 2711 Alaskan Way, Seattle, Washington, there
will be a public hearing for the purpose of considering whether to declare certain real
and personal property surplus and no longer needed for Port district purposes, and
determine the advisability of the sale of such property to the City of Kirkland for trail and
transportation uses. The subject property is a segment of the Woodinville Subdivision
rail corridor commencing at 108th Avenue NE in the City of Bellevue near the
southernmost border of the City of Kirkland, running north along the South Kirkland Park
and Ride and continuing to Totem Lake, ending at 132nd Avenue NE (also called Slater
Avenue) in the City of Kirkland, all in King County, Washington. Said real property being
legally described below:

That portion of Sections 5, 8, 17 and 20, Township 25 North, Range 5 East, WM. and
Sections 28, 32 and 33, Township 26 North, Range 5 East, W.M., in King County,
Washington, lying within the eight (8) tracts of land described as follows:

Tract 1
That portion of that certain 100.0 foot wide Branch Line right of way, being 50.0 feet on
each side of said Main Track centerline, as now located and constructed upon, over and
across the S%,NE'/4 and the NW%,SE% and the SW% of Section 28, the W'/2,NW% and
the NW'/4,SW% of Section 33, the SEA of Section 32, all in Township 26 North, Range 5
East, W.M., bounded on the East by a line that is parallel with and 42.00 feet west of,
when measured at right angles to, the centerline of 132nd Avenue NE (aka Slater Avenue
NE or 132nd Place NE) as surveyed under King County Survey No. 2826-5-19 and
bounded on the South by South line of said SE% of ;Section 32, EXCEPTING
THEREFROM, that certain tract of land described in Deed dated February 24, 1998 from
The Burlington Northern and Santa Fe Railway Company to ANT, LLC recorded May 22,
1998 as Document No. 9805260805, records of King County, Washington; ALSO
EXCEPTING THEREFROM, that certain tract of land described in Special Warranty
Deed dated February 24, 1998 from The Burlington Northern and Santa Fe Railway
Company to ANT, LLC recorded July 30, 1998 as Document No. 9807301468, records
of King County, Washington, ALSO EXCEPTING THEREFROM, that certain tract of
land described in Special Warranty Deed dated February 24, 1998 from The Burlington
Northern and Santa Fe Railway Company to ANT, LLC recorded May 22, 1998 as
Document No. 9805260791, records of King County, Washington, ALSO EXCEPTING
THEREFROM, that certain tract of land described in Correction Quitclaim Deed dated
January 6, 2000 from The Burlington Northern and Santa Fe Railway Company to ANT,
LLC recorded February 11, 2000 as Document No. 20000211000454, records of King
County, Washington;

Tract2
That portion of that certain 100.0 foot wide Branch Line right of way in the City of
Kirkland, Washington, being 50.0 feet on each side of said Main Track centerline, as
now located and constructed, upon, over and across Blocks 3, 4, 5, 6, 11, 12, 13, 14, 18,
19, 23, 24, 25 and 26, the vacated alley between Blocks 13 and 14, and vacated
Arlington Avenue between Blocks 14 and 19, as said Blocks and Streets are shown on

plat of Lake Avenue Addition to Kirkland as recorded in Volume 6 of Plats, Page 86,
Records of said King County, together with any right title and interest, if any to those
portions of Victoria Avenue, Harrison Avenue, Moreton Avenue, Jefferson Avenue, and
Washington Avenue and Maple Street and alleys within said Blocks which lie within said
100.0 feet wide Branch Line right of way, EXCEPTING THEREFROM, that portion of Lot,
3; Block 5, Lake Avenue Addition to Kirkland, according to the ofcial plat thereof in the
ofce of the Auditor of King County, Washington lying between two lines drawn parallel
with and distant, respectively, 34.0 feet and 50.0 feet Westerly of, as measured at right
angles from The Burlington Northern and Santa Fe Railway Company's (formerly
Northern Pacic Railway) Main Track centerline as now located and constructed upon,
over, and across said Block 5;

Tract 3
That portion of that certain 100.0 foot wide Branch Line right of way in the City of
Kirkland, Washington, being 50.0 feet on each side of said Main Track centerline, as
now located and constructed, upon, over and across Blocks 220, 223, 224, 232, 233,
238, and 241 as said Blocks are shown on the Supplementary Plat to Kirkland as led in
Volume 8 of Plats at Page 5, records of said King County, together with any right title
and interest, if any to those portions of Massachusetts Avenue, Madison Avenue,
Michigan Avenue, Olympia Avenue, Piccadilly Avenue, Cascade Avenue, Clarkson
Avenue, Fir Street, and alleys within said Blocks which lie within said 100.0 foot wide
Branch Line right of way;

Tract 4
That portion of Lots 1, 2, 4, 37, and all of Lots 3, 38, and 39, Block 227 as said Lots and
Blocks are shown on the Supplementary Plat to Kirkland as led in Volume 8 of Plats, at
Page 5, records of said King County, which lie Northeasterly of a line parallel with and
distant 50 feet Southwesterly from measured at right angles to said Railway Company's
Main Track centerline as now located and constructed and Southwesterly of a line
parallel with and distant 50 feet Northeasterly from, measured at right angle to said
Railway Company's Main Track centerline as originally located and constructed;

Tract 5
That portion of that certain 100.0 foot wide Branch Line right of way, being 50.0 feet on
each side of said Main Track centerline; as now located and constructed upon, over and
across the SE1/2,SE% of Section 5, NW'/4,NE'/4 and the E'/2,NW'/4 and the E'/2,SW% of
Section 8, all in Township 25 North, Range 5 East, W. M., bounded on the North by the
South right'of.way line of Clarkson Avenue, City of Kirkland, Washington, and bounded
on the West by the West line of said E'/2,SW'/4 of Section 8, EXCEPTING THEREFROM,
that certain tract of land described in Special Warranty Deed dated February 24, 1998
from The Burlington Northern and Santa Fe Railway Company to ANT, LLC recorded
May 22, 1998 as Document No. 9805260787, records of King County, Washington,
ALSO EXCEPTING THEREFROM, that certain tract of land described in Correction
Quitclaim Deed dated May'15, 1999 from The Burlington Northern and Santa Fe Railway
Company to ANT, LLC recorded August 5, 1999 as Document No. 19990805001402,
records of King County, Washington, ALSO EXCEPTING THEREFROM that certain
tract of land described in Deed dated February 24; 1998 from The Burlington Northern
and Santa Fe Railway Company to ANT, LLC recorded July 28, 1998 as Document No.
9807281544, records of King County, Washington,

Tract 6
That certain 0.23 acre tract of land described in deed dated July 15, 1903 from Samuel
F. French to Northern Pacic Railway Company recorded August 8, 1903 in Book 361 of
Deeds, Page 249, records of King County, Washington, said 0.23 acre tract being
described in said deed for reference as follows:

"Commencing at a point in the east line of Lot four (4), Section eight (8), Township
twenty-ve (25) North, Range ve (5) east, W.M., that is 395 feet north of the southeast
corner of said lot, and running thence west parallel with the south line of-said Lot four (4)
67 feet, more or less, to a point that is 50 feet distant from, when measured at right
angles to, the center line of the proposed Seattle Belt Line Branch of the Northern
Pacic Railway Company as the same is now located, staked out and to be constructed
across said Section eight (8); thence running northeasterly parallel with said railway
center line 200 feet; thence westerly at right angles to said railway center line 30 feet;
thence northeasterly parallel with said railway center line, and 80 feet distant therefrom,
130 feet, more or less, to the east line of said Lot four (4); thence south along said east
line of said lot four (4) 322 feet, more or less, to the point of beginning; containing 0.23
acres, more or less.";

Tract 7
That certain strip of land described in deed dated March 3, 1904 from Seattle and
Shanghai Investment Company to Northern Pacic Railroad Company recorded March
9, 1904 in Book 387, Page 243, records of King County, Washington, said strip being
described in said deed for reference as follows:

"A strip of land Two Hundred twenty-ve (225) feet in width across that certain parcel of
land designated as Tract "B" in deed from the Kirkland Land and Improvement Company
to HA. Noble, dated July 13, 1899 of record in the Auditor's ofce of King County,
Washington in Volume 245 of Deeds, at page 41, reference thereto being had. Said
strip of land hereby conveyed, having for its boundaries two lines that are parallel with
and respectively distant One Hundred (100) feet easterly from, and One Hundred
Twenty-Five (125) feet westerly from, when measured at right angles to, the center line
of the Seattle Belt Line branch of the NORTHERN PACIFIC RAILWAY COMPANY, as
the same is now constructed and located across said Tract 'B", which said Tract "B" is
located in Section 17, Township 25 North, Range 5 East, Willamette Meridian";

Tract 8
That portion of that certain 100.0 foot wide Branch Line right of way, being 50.0 feet on
each side of said Main Track centerline, as now located and constructed, upon, over and
across Government Lot 4 of Section 8, Government Lots 1, 2, and 3 and the E'/2,SW'/4 of
Section 17, and the NE%,NW% and the NBA of Section 20, all in Township 25 North,
Range 5 East, W.M., bounded on the North by the South line of that certain herein
above described 0.23 acre tract of land described in deed dated July 15, 1903 from
Samuel F. French to Northern Pacic Railway Company recorded August 8, 1903 in
Book 361 of Deeds, Page 249, records of King County, Washington and the East line of
said Government Lot 4 of Section 8, and bounded on the South by the westerly margin
of 108th Avenue NE as described in the Quit Claim Deed from State of Washington to
the City of Bellevue recorded under Recording Number 9303190367, records of said
King County, together with such additional widths as may be necessary to catch the
slope of the ll in N7: of said Government Lot 2, Section 17 as delineated in the 7th
described parcel in deed dated June 20, 1903 from Kirkland Land and Improvement

Company to Northern Pacic Railway Company recorded June 26, 1903 in Book 352,
Page 582, records of King County, Washington. EXCEPTING THEREFROM, that
portion of said 100.0 foot wide right of way lying within said hereinabove described
parcel of land designated as Tract "B" in deed from the Kirkland Land and Improvement
Company to HA. Noble dated July 13, 1899 of record in the Auditor's ofce of King
County, Washington in Volume 245 of Deeds, at page 41.

(Tracts 1  8 being a portion of the parcel of land conveyed by BNSF Railroad Company
to the Port of Seattle by
Quit Claim Deed recorded under Recording Number 20091218001535, records of said
King County.)


Maps and other data showing the above legally described real property are now on le at the
ofces of the Real Estate Division of the Port of Seattle at Pier 69, 2711 Alaskan Way, Seattle,
Washington. At said hearing, the Port Commission will hear from all persons desiring to speak
with regard to the adoption or rejection of an appropriate resolution declaring the above
described real property surplus and no longer needed for Port district purposes, and authorizing
the sale thereof.

PORT OF SEATTLE

Tay Yoshitani
Chief Executive Officer

Dates of Publication in the Seattle Daily Journal of Commerce: January 27, 2012 and
January 28, 2012.