RESOLUTION NO. 3622 

A RESOLUTION of the Port Commission of the Port of Seattle
providing for the acquisition by purchase and/or
condemnation of certain real property located at 
14635 Des Moines Memorial Drive South (King
County Tax Number 202304-9091), referenced as
the Property, in the City of Burien, Washington 

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
operator of Seattle-Tacoma International Airport (Airport); and 

WHEREAS, pursuant to RCW 53.08.010 and RCW 14.08.030 the Port of Seattle is
authorized by the State Legislature to acquire property by purchase or through condemnation for
airport purposes; and 

WHEREAS, certain areas around an airport experience airport noise; and 

WHEREAS, under federal land use compatibility guidelines, residences are generally
not compatible with noise levels measured in day-night sound levels of 65 decibels or greater;
and 

WHEREAS, to reduce or eliminate incompatible uses, an airport may acquire land that
falls within the 65 decibel Day Night Limit in order to convert the use of the land to a use that is
compatible with airport operations; and 

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WHEREAS, under RCW 14.08.030, such acquisition would be for an airport purpose;
and 

WHEREAS, the Environmental Impact Statement (EIS) for the Third Runway Master
Plan update and the latest Federal Aviation Regulation (FAR) Part 150 Noise and Land Use
Compatibility Study called for residential acquisition in the Burien's Northeast Redevelopment
Area (NERA) due to airport noise and operational impacts; and 

WHEREAS, Port staff, in cooperation with Burien Planning staff and the Federal
Aviation Administration (FAA), developed an acquisition boundary for the North Burien
Approach Transition Zone (ATZ) buy-out area based on certain acquisition/relocation criteria 
specified in Port Commission Resolution No. 3443 authorizing implementation of the FAR Part
150 recommendations; and 

WHEREAS, the subject Property lies within the boundary of the North Burien Approach
Transition Zone and lies in an area within the 65 decibel Day Night Limit for level of airport
noise; and 

WHEREAS, the Port and the owner of the subject property have been unable to agree on
its fair market value; and 

WHEREAS, the acquisition of the subject property is a Federal Aviation Regulation Part
150 Noise Compatibility measure; and 

WHEREAS, funding for acquisition of the subject property is included in the 2006-2010
Capital Budget and Plan of Finance under CIP number C200015 and in the Third Runway
budget. The acquisition is eligible for federal funding by Airport Improvement Program (AIP)
grants, reimbursement of 80% of eligible costs (acquisition, relocation and demolition) and 
includes a combination of grants, Passenger Facility Charges (PFC), and Revenue Bonds. 


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NOW, THEREFORE, BE IT RESOLVED, that 

SECTION 1. The Port of Seattle shall acquire by purchase and/or condemnation the
Property situated in the City of Burien, County of King, State of Washington and legally
described in Exhibit A, attached hereto and by this reference incorporated herein. 

SECTION 2. The acquisition of said Property is for a public use and purpose, to-wit:
acquisition of residential property located in an area where the level of airport noise associated
with the Third Runway is 65 decibels or greater so that the property may be converted to a use
that is compatible with airport operations. 

SECTION 3. There is a public necessity for the acquisition of said Property. The need is
consistent with the Environmental Impact Statement for the Third Runway Master Plan update,
the latest Federal Aviation Regulation Part 150 Noise and Land Use Compatibility Study, and
the identification of the Property as lying within the boundary of the North Burien Approach
Transit Zone. 

SECTION 4. The acquisition of said Property is necessary for the proposed public use,
and for the benefit of the public and the region. 

SECTION 5. Funds from CIP # C200015), in combination with Airport Improvement
Program grant funds and a combination of grants, Passenger Facility Charges (PFC), and
Revenue Bonds, shall be made available to carry out the provisions of this Resolution. 

SECTION 6. The Port of Seattle Chief Executive Officer or designee are hereby
authorized and directed to execute all documents for the acquisition of said Property by
negotiated purchase or condemnation and bring proceedings in the manner provided for by law
to condemn, take, damage, and appropriate the lands, property, and other property interests
pursuant to the powers granted to the Port of Seattle including, but not limited to, those powers

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granted in RCW Chapters 8.12, 14.08, 53.04, and 53.08 to carry out the provisions of this
Resolution. 

ADOPTED by the Port Commission of the Port of Seattle at a regular meeting held 
this _________ day of _______________________, 2009, and duly authenticated in open
session by the signatures of the Commissioners voting in favor thereof and the seal of the
Commission. 






Port Commission 








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EXHIBIT A            Item Number:  6c_Supp
Date of Meeting: 06/23/09



3rd Runway Approach
Transition
Zone (ATZ)

Subject Property
(14635 Des Moines
Memorial Drive)

Burien's Northeast
Redevelopment Area
(NERA)

EXHIBIT A 
TO 
RESOLUTION NO. 3622 

King County Tax ID Number 202304-9091: 
















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