RESOLUTION NO. 3649 
A RESOLUTION  of the Port Commission of the Port of Seattle 
declaring surplus and no longer needed for Port
District purposes approximately 3,350 square feet,
25 feet in width, of Port-owned real property 
formerly owned by BNSF, commonly known as the
Woodinville Subdivision, and located in Bellevue,
Washington, and authorizing the Chief Executive
Officer to execute all documents necessary to
transfer title of the property as part of settlement of
adverse possession lawsuit filed on December 11,
2009 by plaintiffs Jie Ao and Xin Zhou. 

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, Burlington Northern Santa Fe Railway Company ("BNSF") was the
former owner of the Seattle Belt Line Branch Line right of way located in King County;
and 
WHEREAS, the Port owns the real property described on attached Exhibit A 
("BNSF/Port Property") which it acquired from BNSF, as part of the Port's acquisition of
the Woodinville Subdivision rail corridor, on or about December 18, 2009; and 


1

WHEREAS, Jie Ao and Xin Zhou ("Ao-Zhou") own real property located at 6333
Hazelwood Lane, Bellevue, Washington 98006 in King County on the eastern shore of
Lake Washington; and 
WHEREAS, Ao-Zhou filed an adverse possession claim in King County Superior
Court on December 11, 2009 which claimed an ownership interest in a thirty-five (35)
foot wide portion of the BNSF/Port Property and a prescriptive easement interest in the
roadway (Hazelwood Lane) serving the Ao-Zhou Property; and 
WHEREAS, Ao-Zhou alleged, among other things, in their lawsuit that 1) the
Ao-Zhou parcel abuts the western boundary of the BNSF/Port Property north and south
of SE 64th Street; 2) to the north of SE 64th Street in Bellevue, the Ao-Zhou Parcel is
currently developed with Ao-Zhou's home; 3) Ao-Zhou and their predecessors have
maintained a detached single-story garage, a concrete driveway, rockery, and other
improvements within that portion of the BNSF/Port Property abutted by SE 64th Street for
over ten years; and 4) they and their predecessors have also maintained a concrete
driveway, rockery and other improvements (namely a retaining wall) within that portion
of the BNSF/Port Property abutting the Ao-Zhou Parcel to the north of SE 64th Street;
and 
WHEREAS, the eastern boundary of the 3,350 square feet of land that is the
subject of this Resolution lies at the toe of a fairly steep slope down from existing
railroad tracks in the Bellevue section of the Woodinville Subdivision rail corridor; and 
WHEREAS, Ao-Zhou originally claimed 35 feet (east-west), including part of the
property to the east of the top of the slope toward the tracks, but Ao-Zhou has indicated


2

they will agree to accept 25 feet beginning at the top of the slope and running westward;
and 
WHEREAS, the Port and Ao-Zhou wish to resolve the adverse possession claim
without the expense and risk of further litigation; and 
WHEREAS, the Port wishes to convey, via quit claim deed, to Ao-Zhou, as part of
the settlement of Ao-Zhou's lawsuit, a portion of the BNSF/Port Property twenty-five
(25) feet in width and approximately 3350 square feet in area as legally described in
Exhibit B and as depicted in Exhibit C (the "Adverse Possession Property"); and 
WHEREAS, any agreement to settle Ao-Zhou's lawsuit will have acknowledgment
and agreement by Ao-Zhou that under the Rails-to-Trails Act (16 U.S.C. Section
1247(d)), the Quit Claim Deed from BNSF to the Port and that certain Donation
Agreement dated May 12, 2008, BNSF/Port Property is "railbanked" which means that
rail service may be reactivated over the BNSF/Port Property, which means that Ao-Zhou
may be required to remove or relocate Ao-Zhou's improvements, if any, in or on the
BNSF/Port Property at Ao-Zhou's sole cost and/or negotiate with the person or entity that
reactivates rail service to make other arrangements or Ao-Zhou's continued use of the
BNSF/Port Property; and 
WHEREAS, the market value of the Adverse Possession Property, based on review
of sales data for adjacent properties, range between $28.47 and $66.45 per square foot;
and 
WHEREAS, the value of the Adverse Possession Property thus ranges from
approximately $95,374.50 to $222,607.50, which amount falls under the $300,000


3

settlement authority delegated to the CEO under Section 9.4 of Resolution No. 3628
amending Resolution No. 3605; and 

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

Section 1.   The Adverse Possession Property legally described on Exhibit B and
depicted on Exhibit C, attached to this Resolution is no longer needed for Port purposes
and is declared surplus to Port needs. 

Section 2.    The CEO is authorized to take all steps and execute all documents
necessary to transfer title of the Adverse Possession Property via quit claim deed to 
plaintiffs Jie Ao and Xin Zhou as part of the settlement of their adverse possession
lawsuit filed on December 11, 2009.










4

ADOPTED by the Port Commission of the Port of Seattle at a regular meeting
thereof, held this ____day of _______, 2011 and duly authenticated in open session by
the signatures of the Commissioners voting in favor thereof and the seal of the
Commission. 

_ 

_______ 

__ 

___ 

Port Commissioners 









5

EXHIBIT "A" to Resolution No. 3649 
LEGAL DESCRIPTION OF BNSF/PORT PROPERTY 
Tax Parcel Nos. 2024059014 & 2924059005. 
The BNSF Railway Company's (formerly Northern
Pacific Railway Company) 100.0 foot wide Renton to
Woodinville, Washington Branch Line Right of Way, being
50.0 feet wide on each side of said Railway Company's
relocated main track centerline, as located and constructed
upon, over and across Government Lot 4 of Section 20 and
Government Lot 1 of Section 29, all in Township 24 North,
Range 5 East, Willamette Meridian, Situate in the County
of King and State of Washington. 













6

EXHIBIT "B" to Resolution No. 3649 
LEGAL DESCRIPTION OF ADVERSE POSSESSION PROPERTY 
THE WESTERLY 25.0 FEET IN WIDTH OF THE BNSF RAILWAY
COMPANY'S (FORMERLY NORTHERN PACIFIC RAILWAY
COMPANY) 100.0 FOOT WIDE RENTON TO WOODINVILLE,
WASHINGTON BRANCH LINE RIGHT OF WAY, BEING 50.0
FEET WIDE ON EACH SIDE OF SAID RAILWAY COMPANY'S
RELOCATED MAIN TRACK CENTERLINE, AS LOCATED AND
CONSTRUCTED UPON, OVER AND ACROSS GOVERNMENT
LOT 4 OF SECTION 20 AND GOVERNMENT LOT 1 OF SECTION
29,  ALL  IN  TOWNSHIP  24  NORTH,  RANGE  5  EAST,
WILLAMETTE MERIDIAN, 
LYING SOUTHERLY OF THE EASTERLY EXTENSION OF THE
NORTH LINE OF LOT 35, BLOCK "A" AND NORTHERLY OF THE
EASTERLY EXTENSION OF THE NORTH LINE OF LOT 1,
BLOCK "B" ALL IN C.D. HILLMAN'S LAKE WASHINGTON
GARDEN OF EDEN ADDITION TO THE CITY OF SEATTLE,
DIVISION NO. 3, ACCORDING TO THE PLAT THEREOF
RECORDED IN VOLUME 11 OF PLATS, PAGE 81, RECORDS OF
KING COUNTY, WASHINGTON; 
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. 

CONTAINING 3350 SQUARE FEET, MORE OR LESS. 








7

EXHIBIT "C" to Resolution No. 3649 
MAP OF ADVERSE POSSESSION PROPERTY 

















8