1                                                                          Item No. __10a__reso 
2                                                                          Meeting Date: May 24, 2022 
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6                                        PORT OF SEATTLE 
7                                      RESOLUTION NO. 3802 
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10         A RESOLUTION     of the Port Commission of the Port of Seattle to amend
11                                Unit 18 of the Comprehensive Scheme of Harbor
12                                Improvements of the Port of Seattle by: (i) declaring
13                                certain real property surplus and no longer needed for
14                                Port district purposes; (ii) deleting said property from
15                                Unit 18 of the Comprehensive Scheme; and (iii)
16                                authorizing the Executive Director to take all necessary
17                                steps and execute all documents for the sale of such real
18                                property to Bridge Point Seatac 300, LLC. 
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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           WHEREAS, the Port of Seattle (the "Port") was thereupon established as a port district
27    and has since been and now is a duly authorized and acting port district of the State of Washington;
28    and 
29           WHEREAS, the Port of Seattle Port Commission established the Port's Comprehensive
30    Scheme of Harbor Improvements in 1912 by adoption of Resolution No. 17; and 
31           WHEREAS, on November 5, 1946, the Port Commission established Unit 18 of the
32    Comprehensive Scheme by adoption of Resolution No. 1194, which unit has been subsequently
33    amended as provided by law; and 

Resolution No. 3802

34           WHEREAS, included within said Unit 18 is certain Port-owned real property located in
35    the vicinity of 1410 South 200th Street, City of Seatac, King County, State of Washington 
36    (portions of Parcel Nos. 7686200620, 7686200560, 7686200980 and 7686201520) (the "Remnant
37    Property") together with certain street right of way areas adjacent thereto (the "Right of Way
38    Areas"), as legally described on attached Exhibit A (collectively, the "Property"); and 
39           WHEREAS, the Port retained ownership of the Remnant Properties following a 2009 sale
40    of other Port property to the Washington State Department of Transportation in connection with
41    its planned Highway 509 extension project; and 
42           WHEREAS, Bridge Point Seatac 300, LLC ("Bridge Point") owns certain real estate 
43    adjacent to the Property and is preparing to commence construction of two distribution and
44    warehouse buildings on its development site property; and 
45           WHEREAS, Bridge Point brought a quiet title action in King County Superior Court (the
46    "Court"), naming the Port as a defendant, for the purpose of disputing and quieting title to Right
47    of Way Areas (the "Quiet Title Action"); and 
48           WHEREAS, the Port and Bridge Point have discussed resolving the Quiet Title Action by
49    entering into a transaction under which Bridge Point will purchase from the Port, for appraised fair
50    market value, the Property, including the Port's interest in the disputed Right of Way Areas which
51    are the subject of the Quiet Title Action (the "Proposed Sale Transaction"); and 
52           WHEREAS, in connection with the Proposed Sale Transaction, the Port and Bridge are
53    currently negotiating to finalize a purchase and sale agreement, pursuant to which Bridge Point
54    would purchase the Property for appraised fair market value, and would also grant the Port
55    avigation easements on Bridge Point's development site property, contingent upon the parties
56    obtaining a stipulated order of judgment from the Court to (i) legally establish Bridge Point and

Resolution No. 3802

57    the Port's respective ownership of portions of the Right of Way Areas and (ii) resolve the Quiet
58    Title Action (the "Purchase and Sale Agreement"); and 
59           WHEREAS, a resolution declaring the Property surplus to port district needs and no longer
60    needed for port district purposes is a prerequisite to sale of the Property to Bridge Point; and 
61           WHEREAS, an official public hearing was held May 24, 2022, after notice of such hearing
62    was duly published as provided by law, to consider whether the Property should be declared no
63    longer needed for port district purposes and surplus to port district needs and the proposed sale of
64    the Property to Bridge Point; and 
65           WHEREAS, the maps and other data regarding the Property are on file at the offices of
66    the Port's Aviation Properties Division; and 
67           WHEREAS, the Port of Seattle Commission has heard from all persons desiring to speak
68    at the public hearing regarding the proposed surplusing of the Property and sale of the Property to
69    Bridge Point; and 
70           WHEREAS, the members of the Port of Seattle Commission have considered the proposed
71    surplusing of the Property, the proposed sale of the Property to Bridge Point, and any comments
72    by members of the public attending the public hearing. 
73           NOW, THEREFORE, BE IT RESOLVED by the Port Commission of the Port of
74    Seattle that: 
75           Section 1.     The Property, described on Exhibit A attached to this Resolution, which is
76    part of Unit 18 of the Comprehensive Scheme, is hereby declared surplus to Port of Seattle needs
77    and no longer needed for Port purposes and deleted from Unit 18 of the Comprehensive Scheme. 
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Resolution No. 3802

79           Section 2.     The  Executive  Director,  or  his  designee,  is  authorized  to  finalize
80    negotiation, prepare and execute all necessary documents, including the Purchase and Sale
81    Agreement, for the Port to sell the Property to Bridge Point for appraised fair market value.
82         ADOPTED by the Port Commission of the Port of Seattle at a regular meeting thereof, held
83    this ____ day of ____________, 2022, and duly authenticated in open session by the signatures of
84    the Commissioners voting in favor thereof and the seal of the Commission. 
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96                                                              Port Commissioners 
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Resolution No. 3802

98                                            EXHIBIT A 
99                                                 TO 
100                                    RESOLUTION NO. 3802 
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102                                  Legal Description of Property 
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104    THOSE PORTIONS OF THE SOUTHEAST QUARTER AND THE NORTHEAST QUARTER
105    OF SECTION 05, TOWNSHIP 22 NORTH, RANGE 04 EAST, W.M., KING COUNTY,
106    WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: 
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108    BLOCKS 14 AND 15, SEELEY'S ADDITION TO THE CITY OF DES MOINES
109    "VACATED", ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 4 OF
110    PLATS, PAGE 59, IN KING COUNTY, WASHINGTON; 
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112    TOGETHER WITH THE EAST HALF OF ALLEY LYING WEST OF THE SOUTH 50 FEET
113    AND THE SOUTH 50 FEET OF THE NORTH 150 FEET OF SAID BLOCK 15, VACATED
114    BY ORDER ENTERED IN KING COUNTY SUPERIOR COURT CAUSE NUMBER 
115    85-2-07561-7, RECORDED UNDER RECORDING NUMBER 8508150435 AND
116    ATTACHING THERETO BY OPERATION OF LAW; 
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118    AND TOGETHER WITH 14TH AVENUE SOUTH, ADJOINING SAID BLOCKS 14 AND 15,
119    VACATED BY CITY OF SEATAC ORDINANCE NUMBERS 98-1044 AND 96-1011,
120    RECORDED UNDER RECORDING NUMBERS 9904151321 AND 20060614001524, AND
121    ATTACHING THERETO BY OPERATION OF LAW; 
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123    AND TOGETHER WITH THE NORTH HALF OF SOUTH 198TH ADJOINING SAID
124    BLOCKS 14 AND 15, VACATED BY ORDER ENTERED IN KING COUNTY SUPERIOR
125    COURT CAUSE NUMBER 85-2-07561-7, RECORDED UNDER RECORDING NUMBER
126    8508150435 AND VACATED BY CITY OF SEATAC ORDINANCE NUMBER 96-1011,
127    RECORDED UNDER RECORDING NUMBER 20060614001524, AND ATTACHING
128    THERETO BY OPERATION OF LAW. 
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130    EXCEPTING THAT PORTION DESCRIBED IN QUIT CLAIM DEED RECORDED UNDER
131    RECORDING NUMBER 20090807001592. 
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Resolution No. 3802

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147    BLOCKS 22 AND 32, SEELEY'S ADDITION TO THE CITY OF DES MOINES
148    "VACATED", ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 4 OF
149    PLATS, PAGE 59, IN KING COUNTY, WASHINGTON; 
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151    TOGETHER WITH EAST HALF OF 15TH AVENUE SOUTH, ADJOINING SAID BLOCKS
152    22 AND 32, VACATED BY CITY OF SEATAC ORDINANCE NUMBER 96-1011,
153    RECORDED UNDER RECORDING NUMBER 20060614001524, AND ATTACHING
154    THERETO BY OPERATION OF LAW; 
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156    AND TOGETHER WITH SOUTH 199TH STREET, ADJOINING SAID BLOCKS 22 AND 32,
157    VACATED BY CITY OF SEATAC ORDINANCE NUMBERS 98-1044 AND 96-1011,
158    RECORDED UNDER RECORDING NUMBERS 9904151321 AND 20060614001524, AND
159    ATTACHING THERETO BY OPERATION OF LAW; 
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161    AND TOGETHER WITH THE WEST HALF OF ALLEY, ADJOINING SAID BLOCKS 32,
162    VACATED BY CITY OF SEATAC ORDINANCE NUMBER 98-1044, RECORDED UNDER
163    RECORDING NUMBER 990415321, AND ATTACHING THERETO BY OPERATION OF
164    LAW; 
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166    EXCEPTING THAT PORTION DESCRIBED IN QUIT CLAIM DEED RECORDED UNDER
167    RECORDING NUMBER 20090807001592. 
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Resolution No. 3802