5b Memo

PORT OF SEATTLE 
MEMORANDUM 
COMMISSION AGENDA                   Item No.        5b 
Date of Meeting       May 11, 2010 

DATE:      March 30, 2010 
TO:       Tay Yoshitani, Chief Executive Officer 
FROM:     Gary Wallinder, Capital Project Manager 
Linda Styrk, Managing Director, Seaport 
SUBJECT:   Purchase and sale of Ash Grove Cement Company property. 
East Marginal Way Grade Separation Project; Project E # 102007
Amount of This Request: $0
Source of Funds: Previously authorized under the East Marginal Way Grade Separation
Project, which is a Public Expense Project funded by tax levy proceeds. 
ACTION REQUESTED:
Request Commission authorization for the Chief Executive Officer to execute a purchase
and sale agreement ("PSA") between the Port and Ash Grove Cement Company for a
portion of Ash Grove's real property located at 3801 East Marginal Way South, Seattle,
WA 98103, in King County, consisting of 1832 square feet (henceforth referred to as
Right-of-Way Property) and legally described in Exhibit B to the PSA, attached to this
memo. No additional funds are requested because funds for this public expense project,
which is funded by the tax levy, were previously authorized (Project E #102007). 
SYNOPSIS:
The Port and City of Seattle Department of Transportation are co-leads in the East
Marginal Way Grade Separation Project ("Project") to enhance freight connections that
serve Harbor Island, West Seattle and the south Downtown industrial area. The elevated
structure will connect three existing streets: South Spokane Street, Duwamish Avenue
South and East Marginal Way. 
As part of the project design, East Marginal Way will be slightly widened in the vicinity
of Ash Grove Cement to facilitate smooth flow of traffic to and from the overpass
structure. Purchase of the Right-of Way Property will allow this widening.

COMMISSION AGENDA 
Tay Yoshitani, Chief Executive Officer 
March 30, 2010 
Page 2 of 4 
ADDITIONAL BACKGROUND: 
Since possession of the Right-of-Way Property was required for the Port to put the
Project out to public bid, the Port and Seller executed a Possession and Use Agreement
on July 7, 2009. Under the Possession and Use Agreement, Ash Grove granted to the Port
immediate access to the Right-of-Way Property so that the Port could proceed with
environmental due diligence efforts. 
Pursuant to the Possession and Use Agreement, the Port issued a check based upon
appraisal documentation in the amount of $64,200 to Ash Grove. 
Since the execution of the Possession and Use Agreement and payment to the Seller, the
Port completed a Phase II Environmental Site Assessment (ESA) for the Right-of- Way
Property. Based upon the results of the Phase II ESA, the Port determined that there was
no cleanup or other environmental management requirements for the Right-of-Way
Property. The ESA identified n o special conditions for handling and disposal of
materials removed from the Project site during the course of the Project other than their
disposal at a Subtitle D landfill. 
The Port and Ash Grove Cement Company have negotiated a purchase and sale
agreement that requires no additional payment toward the purchase price beyond the
$64,200 already deposited in an escrow account.
PROJECT DESCRIPTION AND JUSTIFICATION: 
Project Statement: 
This action requested is necessary to acquire a portion of Ash Grove property so that the
Port can accomplish the widening of East Marginal Way. 
Project Objectives: 
Acquire title to a portion of Ash Grove property. 
Scope of Work and Schedule: 
The purchase and sale agreement has been negotiated. The application for a boundary
line adjustment will be submitted to the City of Seattle and once conditions for closing
are met the transfer will close.

COMMISSION AGENDA 
Tay Yoshitani, Chief Executive Officer 
March 30, 2010 
Page 3 of 4 
FINANCIAL ANALYSIS: 
Budget/Authorization Summary 
Previous Authorizations this CIP                                           $50,700,000 
Current request for authorization                                                       $0 
Total Authorizations, including this request                                  $50,700,000 
Remaining budget to be authorized                                                 $0 
Project Cost Breakdown 
Right-of-Way, including relocations                                       $11,900,000 
Construction, including utility relocations and Construction                 $29,200,000 
Management 
Sales tax                                                                        $1,940,000 
Outside professional services                                                 $6,200,000 
Seaport PMG and other soft costs                                           $1,460,000 
Total                                                                         $50,700,000 
Source of Funds: 
No additional funds are required for the acquisition of the property. The cost of the
acquisition was included in funding authorizations for the East Marginal Way Grade
Separation Project. 
BUSINESS PLAN OBJECTIVES: 
Improve freight mobility in the vicinity of Port Terminals 5 and 18, Burlington Northern
Santa Fe Seattle International Gateway and Union Pacific Railroad Argo rail yards. 
TRIPLE BOTTOM LINE: 
The project will separate rail traffic from vehicle traffic by eliminating several busy
crossings thereby improving safety, relieving congestion and improving air quality by
avoiding truck idling at intersections. 
STRATEGIC OBJECTIVES: 
The project will benefit the Port and the state's economy by improving freight mobility
and access to and from local businesses including Port tenants and railroads.

COMMISSION AGENDA 
Tay Yoshitani, Chief Executive Officer 
March 30, 2010 
Page 4 of 4 
SUSTAINABILITY AND LIFE CYCLE COSTS: 
The Project constructs a public transportation facility which will be transferred in full
ownership to the City of Seattle upon completion. The construction criteria are based
upon Seattle Department of Transportation standards including life cycle costs. 
ALTERNATIVES CONSIDERED AND THEIR IMPLICATIONS: 
Acquire via negotiated purchase and sale agreement. This is the recommended
alternative. 
Do not acquire. This alternative will result in a constrained traffic flow and is contrary to
the needs of the Project. 
OTHER DOCUMENTS ASSOCIATED WITH THIS REQUEST: 
Purchase and Sale Agreement. 
PREVIOUS COMMISSION ACTIONS OR BRIEFINGS: 
On October 13, 1998, Commission authorized Resolution #3283 Memorandum of
Understanding for the Freight Action Strategy for the Seattle-Tacoma (FAST) Corridor. 
On April 9, 2002, Commission authorized $1,500,000 for conceptual design
development. 
On December 9, 2003, Commission authorized $1,950,000 for design refinement,
environmental review, acquisition planning, and State engineering approvals. 
On April 11, 2006, Commission authorized $31,050,000 for negotiation and purchase of
real estate for ROW; accept grant and participation funding; advertise for bids and award
major and small works contracts; and perform contract administration for construction. 
On March 24, 2009, Commission authorized an additional $17,200,000 for a total Project
Authorization of $50,700,000, and authorized construction and approval to advertise for
bids.

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.