10a. Draft Resolution 3800
10a. Draft Resolution 3800
1 Agenda Item: 10a_reso
2 Meeting Date: March 22, 2022
3
4
5 PORT OF SEATTLE
6 RESOLUTION NO. 3800
7
8
9 A RESOLUTION of the Port Commission of the Port of Seattle
10 declaring surplus and no longer needed for port
11 district purposes approximately 88,325 square feet
12 (2.3 acres) of Port-owned real property located in the
13 City of SeaTac, King County; and further authorizing
14 the Executive Director, or his designee, to finalize
15 negotiation, prepare and execute all necessary
16 documents to convey in fee and permanent easement
17 a portion of said real property to Sound Transit for use
18 in the development of the Federal Way Link
19 Extension Project
20
21 WHEREAS, the voters of King County, pursuant to the provisions of enabling legislation
22 adopted by the Legislature of the State of Washington, Chapter 92, Laws of 1911, RCW 53.04.010,
23 authorized and approved at a special election held in King County on the 5th day of September
24 1911, the formation of a port district coextensive with King County to be known as the Port of
25 Seattle; and
26
27 WHEREAS, the Port of Seattle (the "Port") was thereupon established as a port district
28 and has since been and now is a duly authorized and acting port district of the State of Washington;
29 and
30
31 WHEREAS, the Port owns certain real property consisting of approximately 88,325
32 square feet (2.3 acres) located in the City of SeaTac, King County, Washington with the legal
33 description as set forth on attached Exhibit A together with the improvements thereon
34 (collectively, the "Property"); and
35
36 WHEREAS, the Central Puget Sound Regional Transit Authority ("Sound Transit") by
37 letter dated July 30, 2021 has offered to purchase a portion of the Property (the "Fee Take
38 Property"), and to obtain a permanent Guideway Easement (the "Guideway Easement") and a
39 permanent Sewer Easement (the "Sewer Easement") on other portions of the Property
Resolution No. 3800
40 (collectively, the "Sound Transit Acquisition Property"), from the Port, under threat of
41 condemnation, for the aggregate price of $313,000 (the "Sound Transit Acquisition Offer"), said
42 offer price being determined based on a market value appraisal prepared by Richard P. Herman,
43 R.P. Herman & Associates LLC, Washington State Certified General Real Estate Appraiser (WA
44 License No. 1100435) (the "Sound Transit Appraisal"); and
45
46 WHEREAS, the individual legal descriptions for the Fee Take Property, the Guideway
47 Easement property and the Sewer Easement property are as set forth, collectively, on attached
48 Exhibits B-1, B-2 and B-3; and
49
50 WHEREAS, Sound Transit intends to utilize the Sound Transit Acquisition Property in
51 connection with its construction and operation of the Federal Way Link Extension , extending its
52 light system from the Angle Lake Station in the City of SeaTac to the Federal Way Transit Center;
53 and
54
55 WHEREAS, the Port has reviewed the Sound Transit Acquisition Offer and the Sound
56 Transit Appraisal, including review of a third-party validity assessment of the Sound Transit
57 Appraisal prepared by Kidder Mathew's David M. Chudzik, Washington State Certified General
58 Real Estate Appraiser (WA Certificate No. 1102099), the Port's Member Appraisal Institute
59 (MAI) appraiser; and
60
61 WHEREAS, the Port intends to sell at a later date the remainder of the Property (less the
62 portions consisting of the Fee Take Property), consisting of approximately 84,130 square feet (the
63 "Remainder Property"), to a suitable to-be-determined third party, for fair market value, pending
64 subsequent Commission review and authorization;
65
66 WHEREAS, pursuant to Chapter 39.33 of the Revised Code of Washington
67 (Intergovernmental Disposition of Property Act) the Port may sell, transfer, exchange, lease or
68 otherwise dispose of real and personal property to the state, any municipality or any political
69 subdivision thereof on such terms and conditions as may be mutually agreed upon by the governing
70 authorities of the participating entities; and
71
Resolution No. 3800
72 WHEREAS, a resolution declaring the Property surplus to port district needs and no longer
73 needed for port district purposes is a prerequisite to conveyance of the Sound Transit Acquisition
74 Property to Sound Transit as well as for the eventual sale of the Remainder Property to a suitable
75 third party purchaser; and
76
77 WHEREAS, an official public hearing was held March 22, 2022, after notice of such
78 hearing was duly published as provided by law, to consider whether the Property should be
79 declared no longer needed for port district purposes and surplus to port district needs and the
80 proposed conveyance of the Sound Transit Acquisition Property to Sound Transit; and
81
82 WHEREAS, the maps and other data regarding the Property, including the Sound Transit
83 Acquisition Property for proposed conveyance to Sound Transit, are on file at the offices of the
84 Port's Airport Properties Division; and
85
86 WHEREAS, the Port of Seattle Commission has heard from all persons desiring to speak
87 at the public hearing regarding the proposed surplusing of the Property and conveyance of the
88 Sound Transit Acquisition Property to Sound Transit; and
89
90 WHEREAS, the members of the Port of Seattle Commission have considered the proposed
91 surplusing of the Property, the proposed conveyance of the Sound Transit Acquisition Property to
92 Sound Transit, and any comments by members of the public attending the public hearing;
93
94 NOW, THEREFORE, BE IT RESOLVED, by the Port Commission of the Port of
95 Seattle that:
96
97 Section 1. The Property, described on Exhibit A attached to this Resolution, is no
98 longer needed for Port purposes and is hereby declared surplus to Port needs.
99
100 Section 2. The Executive Director, or his designee, is authorized to finalize
101 negotiation, prepare and execute all necessary documents to convey the Sound Transit Acquisition
102 Property to Sound Transit for the total price of Three Hundred Thirteen Thousand and 00/100
103 Dollars ($313,000).
104
Resolution No. 3800
105
106 ADOPTED by the Port Commission of the Port of Seattle at a regular meeting thereof, held
107 this ____ day of ____________, 2022, and duly authenticated in open session by the signatures of
108 the Commissioners voting in favor thereof and the seal of the Commission.
109
110
111 ______________________________
112
113 _______________________________
114
115 _______________________________
116
117 _______________________________
118
119 _______________________________
120 Port Commissioners
121
Resolution No. 3800
122 EXHIBIT A
123 TO
124 RESOLUTION NO. 3800
125
126 Legal Description of Property
127
128 PIN 3445000141
129
130 THE SOUTH 140 FEET OF TRACT 19, HOMESTEAD PARK FIVE ACRE TRACTS,
131 ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 7 OF PLATS, PAGE 88,
132 IN KING COUNTY, WASHINGTON; EXCEPT THE EAST 5 FEET THEREOF CONVEYED
133 TO KING COUNTY FOR ROAD BY DEED RECORDED IN VOLUME 8 OF DEEDS, PAGE
134 123.
135 TOGETHER WITH THAT PORTION OF 26TH AVENUE SOUTH AS VACATED BY
136 ORDINANCE NO. 4010, RECORDED UNDER RECORDING NO. 7901181063, AS WOULD
137 ATTACH BY OPERATION OF LAW.
138 EXCEPT THAT PORTION OF SAID TRACT 19 CONVEYED TO THE STATE OF
139 WASHING TON BY DEED RECORDED UNDER RECORDING NUMBER 2020012801255,
140 IN KING COUNTY, WASHINGTON.
141
142 TOGETHER WITH:
143
144 PIN 3445000155
145
146 TRACT 22, HOMESTEAD PARK FIVE ACRE TRACTS, ACCORDING TO THE PLAT
147 THEREOF RECORDED IN VOLUME 7 OF PLATS, PAGE 88, IN KING COUNTY,
148 WASHINGTON; EXCEPT THE EAST 5 FEET THEREOF CONVEYED TO KING COUNTY
149 FOR ROAD BY DEED RECORDED IN VOLUME 8 OF DEEDS, PAGE 123.
150
151 TOGETHER WITH THAT PORTION OF 26TH AVENUE SOUTH AS VACATED BY
152 ORDINANCE NO. 4010, RECORDED UNDER RECORDING NO. 7901181063, AS WOULD
153 ATTACH BY OPERATION OF LAW.
154
155 AND EXCEPT THAT PORTION OF SAID TRACT 22 CONVEYED TO THE STATE OF
156 WASHINGTON BY DEED RECORDED UNDER RECORDING NUMBER 20200128001255,
157 IN KING COUNTY, WASHINGTON.
158
159
160
161
162
163
164
165
Resolution No. 3800
166 EXHIBIT B-1
167 TO
168 RESOLUTION NO. 3800
169
170 Legal Description of the Fee Take Property
171
172 THAT PORTION OF THE PROPERTY (SAID PROPERTY BEING DESCRIBED IN
173 EXHIBIT "A" ATTACHED HERETO), DESCRIBED AS FOLLOWS:
174
175 BEGINNING AT THE NORTHEAST CORNER OF SAID PROPERTY;
176 THENCE ALONG THE EAST LINE THEREOF, S0030'38"E A DISTANCE OF 140.09
177 FEET
178 TO THE SOUTHEAST CORNER OF SAID PROPERTY;
179 THENCE ALONG THE SOUTH LINE THEREOF, N8829'27"W A DISTANCE OF 21.96
180 FEET;
181 THENCE LEAVING SAID SOUTH LINE, N0421'02"W A DISTANCE OF 17.91 FEET;
182 THENCE N0206'16"W A DISTANCE OF 16.61 FEET;
183 THENCE N0223'15"E A DISTANCE OF 16.74 FEET;
184 THENCE N1033'24"E A DISTANCE OF 43.67 FEET;
185 THENCE N1706'51"E A DISTANCE OF 47.50 FEET TO THE POINT OF
186 BEGINNING.
187
188 CONTAINING 2,309 SQUARE FEET, MORE OR LESS.
189
190 TOGEHER WITH:
191
192 THAT PORTION OF THE PROPERTY (SAID PROPERTY BEING DESCRIBED IN
193 EXHIBIT "A" ATTACHED HERETO), DESCRIBED AS FOLLOWS:
194
195 BEGINNING AT THE NORTHEAST CORNER OF SAID PROPERTY;
196 THENCE ALONG THE EAST LINE THEREOF, S0030'38"E A DISTANCE OF 101.02
197 FEET;
198 THENCE LEAVING SAID EAST LINE, S8538'58"W A DISTANCE OF 15.08 FEET;
199 THENCE N0421'02"W A DISTANCE OF 103.04 FEET TO THE NORTH LINE OF SAID
200 PROPERTY;
201 THENCE ALONG SAID NORTH LINE, S8829'27"E A DISTANCE OF 21.96 FEET TO
202 THE POINT OF BEGINNING.
203
204 CONTAINING 1,886 SQUARE FEET, MORE OR LESS.
Resolution No. 3800
205 EXHIBIT B-2
206 TO
207 RESOLUTION NO. 3800
208
209 Legal Description of the Guideway Easement Property
210
211 THAT PORTION OF THE PROPERTY (SAID PROPERTY BEING DESCRIBED IN
212 EXHIBIT "A" ATTACHED HERETO), DESCRIBED AS FOLLOWS:
213
214 BEGINNING AT THE NORTHEAST CORNER OF SAID PROPERTY;
215 THENCE S1706'51 "W A DISTANCE OF 47.50 FEET;
216 THENCE S1033'24"W A DISTANCE OF 9.47 FEET;
217 THENCE N0420'40"W A DISTANCE OF 55.39 FEET TO THE NORTH LINE OF SAID
218 PROPERTY;
219 THENCE ALONG SAID NORTH LINE, S8829'27"E A DISTANCE OF 19.92 FEET TO
220 THE POINT OF BEGINNING.
221
222 CONTAINING 523 SQUARE FEET, MORE OR LESS.
223
224 TOGETHER WITH:
225
226 THAT PORTION OF THE PROPERTY (SAID PROPERTY BEING DESCRIBED IN
227 EXHIBIT "A" ATTACHED HERETO), DESCRIBED AS FOLLOWS:
228
229 COMMENCING AT THE NORTHEAST CORNER OF SAID PROPERTY;
230 THENCE ALONG THE EAST LINE THEREOF, S0030'38"E A DISTANCE OF 101.02
231 FEET TO THE POINT OF BEGINNING;
232 THENCE CONTINUING ALONG SAID EAST LINE, S0030'38"E A DISTANCE OF
233 55.19 FEET; THENCE LEAVING SAID EAST LINE, N0420'40''W A DISTANCE OF
234 55.07 FEET TO A POINT THAT BEARS S8538'58"W FROM THE POINT OF
235 BEGINNING;
236 THENCE N8538'58"E A DISTANCE OF 3.69 FEET TO THE POINT OF BEGINNING.
237
238 CONTAINING 102 SQUARE FEET, MORE OR LESS.
239
240
Resolution No. 3800
241 EXHIBIT B-3
242 TO
243 RESOLUTION NO. 3800
244
245 Legal Description of the Sewer Easement Property
246
247
248 THAT PORTION OF THE PROPERTY (SAID PROPERTY BEING DESCRIBED IN
249 EXHIBIT "A" ATTACHED HERETO), DESCRIBED AS FOLLOWS:
250
251 COMMENCING AT THE NORTHEAST CORNER OF SAID PROPERTY;
252 THENCE Sl706'5l"W A DISTANCE OF 4.11 FEET TO THE POINT OF BEGINNING;
253 THENCE CONTINUING, S1706'51"W A DISTANCE OF 43.39 FEET;
254 THENCE S 1033 '24"W A DISTANCE OF 40.36 FEET;
255 THENCE N0042'37''W A DISTANCE OF 69.94 FEET;
256 THENCE N6156'24"E A DISTANCE OF 23.83 FEET TO THE POINT OF BEGINNING.
257
258 CONTAINING 641 SQUARE FEET MORE OR LESS.
259
260 TOGETHER WITH:
261
262 COMMENCING AT THE NORTHEAST CORNER OF SAID PROPERTY;
263 THENCE ALONG THE NORTH LINE THEREOF, N8829'27"W A DISTANCE OF 21.96
264 FEET TO THE POINT OF BEGINNING;
265 THENCE LEAVING SAID NORTH LINE, S0049'23"E A DISTANCE OF 4.95 FEET;
266 THENCE S0003'50"E A DISTANCE OF 215.40 FEET;
267 THENCE S8351 '42"E A DISTANCE OF 23.76 FEET TO THE EAST LINE OF SAID
268 PROPERTY;
269 THENCE ALONG SAID EAST LINE, N0030'38"W A DISTANCE OF 15.10 FEET;
270 THENCE LEAVING SAID EAST LINE, N8351 '42"W A DISTANCE OF 8.55 FEET;
271 THENCE N0003'50"W A DISTANCE OF 104.70 FEET;
272 THENCE S8538'58"W A DISTANCE OF 7.38 FEET;
273 THENCE N0421 '02"W A DISTANCE OF 103.04 FEET TO POINT OF BEGINNING.
274
275 CONTAINING 2,297 SQUARE FEET, MORE OR LESS.
Resolution No. 3800
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