Reso 3622 Adopted
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 2023 04-909 1), 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 19 11, 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 53.08.0 10 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 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, fhnding 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 fhnding 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. 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 PropertycThe need is I consistent with the Environmental Impact Statement for the Third Runway Master ~kn-<~date,, the latest Federal Aviation Regulation Part 150Noise 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 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 23' day of J&W, ,2009, and duly authenticated in open session by the signatures of the Commissioners voting in favor thereof and the seal of the Commission. c 8lLt BRYANT AEL TARLETQN -LLOYD HARA V Port Commission EXHIBIT A Port "V of Seatt e EXHIBIT A TO RESOLUTION NO. 3622 King County Tax ID Number 202304-9091 : THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILTAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: ... BEGINNING AT A POINT 792 FEET SOUTH OF THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE SOUTH 89O28'14" EAST 287-26FEET, MORE OR LESS, TO THE WEST LINE OF DES MOINES WAY; THENCE SOUTH 34O42'45" WEST ALONG THE WEST MARGIN OF DES MOINES WAY 120 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WEST MARGIN OF DES MOINES WAY 116.86 FEET; THENCE NORTH 57001'411' WEST 174.44 FEET TO A POINT ON THE WEST LINE OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE NORTH 013'50" WEST TO A POINT 805 FEET SOUTH OF THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE SOUTHEASTERLY ON A STRAIGHT LINE TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF CONDEMNED BY THE STATE OF WASHINGTON FOR HIGHWAY PURPOSES IN KING couNm SUPERIOR COURT CAUSE NUMBER 709329.
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