8g. Attachment
2 Sale of Two Surplus Parcels
Agenda Item: 8g_attach1 Meeting Date: November 8, 2022 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Agenda Item: 10a_reso Meeting Date: March 22, 2022 PORT OF SEATTLE RESOLUTION NO. 3800 A RESOLUTION of the Port Commission of the Port of Seattle declaring surplus and no longer needed for port district purposes approximately 88,325 square feet (2.3 acres) of Port-owned real property located in the City of SeaTac, King County; and further authorizing the Executive Director, or his designee, to finalize negotiation, prepare and execute all necessary documents to convey in fee and permanent easement a portion of said real property to Sound Transit for use in the development of the Federal Way Link Extension Project 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 95 96 97 98 99 100 NOW, THEREFORE, BE IT RESOLVED, by the Port Commission of the Port of Seattle that: Section 1. The Property, described on Exhibit A attached to this Resolution, is no longer needed for Port purposes and is hereby declared surplus to Port needs. 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. 109 110 111 112 113 114 115 116 117 118 119 120 121 ______________________________ _______________________________ _______________________________ _______________________________ _______________________________ Port Commissioners Resolution No. 3800 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 EXHIBIT A TO RESOLUTION NO. 3800 Legal Description of Property PIN 3445000141 THE SOUTH 140 FEET OF TRACT 19, HOMESTEAD PARK FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 7 OF PLATS, PAGE 88, IN KING COUNTY, WASHINGTON; EXCEPT THE EAST 5 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD BY DEED RECORDED IN VOLUME 8 OF DEEDS, PAGE 123. TOGETHER WITH THAT PORTION OF 26TH AVENUE SOUTH AS VACATED BY ORDINANCE NO. 4010, RECORDED UNDER RECORDING NO. 7901181063, AS WOULD ATTACH BY OPERATION OF LAW. EXCEPT THAT PORTION OF SAID TRACT 19 CONVEYED TO THE STATE OF WASHING TON BY DEED RECORDED UNDER RECORDING NUMBER 2020012801255, IN KING COUNTY, WASHINGTON. TOGETHER WITH: PIN 3445000155 TRACT 22, HOMESTEAD PARK FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 7 OF PLATS, PAGE 88, IN KING COUNTY, WASHINGTON; EXCEPT THE EAST 5 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD BY DEED RECORDED IN VOLUME 8 OF DEEDS, PAGE 123. TOGETHER WITH THAT PORTION OF 26TH AVENUE SOUTH AS VACATED BY ORDINANCE NO. 4010, RECORDED UNDER RECORDING NO. 7901181063, AS WOULD ATTACH BY OPERATION OF LAW. AND EXCEPT THAT PORTION OF SAID TRACT 22 CONVEYED TO THE STATE OF WASHINGTON BY DEED RECORDED UNDER RECORDING NUMBER 20200128001255, IN KING COUNTY, WASHINGTON. Resolution No. 3800 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 EXHIBIT B-1 TO RESOLUTION NO. 3800 Legal Description of the Fee Take Property THAT PORTION OF THE PROPERTY (SAID PROPERTY BEING DESCRIBED IN EXHIBIT "A" ATTACHED HERETO), DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID PROPERTY; THENCE ALONG THE EAST LINE THEREOF, S00°30'38"E A DISTANCE OF 140.09 FEET TO THE SOUTHEAST CORNER OF SAID PROPERTY; THENCE ALONG THE SOUTH LINE THEREOF, N88°29'27"W A DISTANCE OF 21.96 FEET; THENCE LEAVING SAID SOUTH LINE, N04°21'02"W A DISTANCE OF 17.91 FEET; THENCE N02°06'16"W A DISTANCE OF 16.61 FEET; THENCE N02°23'15"E A DISTANCE OF 16.74 FEET; THENCE N10°33'24"E A DISTANCE OF 43.67 FEET; THENCE N17°06'51"E A DISTANCE OF 47.50 FEET TO THE POINT OF BEGINNING. CONTAINING 2,309 SQUARE FEET, MORE OR LESS. TOGEHER WITH: THAT PORTION OF THE PROPERTY (SAID PROPERTY BEING DESCRIBED IN EXHIBIT "A" ATTACHED HERETO), DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID PROPERTY; THENCE ALONG THE EAST LINE THEREOF, S00°30’38”E A DISTANCE OF 101.02 FEET; THENCE LEAVING SAID EAST LINE, S85°38’58”W A DISTANCE OF 15.08 FEET; THENCE N04°21’02”W A DISTANCE OF 103.04 FEET TO THE NORTH LINE OF SAID PROPERTY; THENCE ALONG SAID NORTH LINE, S88°29’27”E A DISTANCE OF 21.96 FEET TO THE POINT OF BEGINNING. CONTAINING 1,886 SQUARE FEET, MORE OR LESS. Resolution No. 3800 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 EXHIBIT B-2 TO RESOLUTION NO. 3800 Legal Description of the Guideway Easement Property THAT PORTION OF THE PROPERTY (SAID PROPERTY BEING DESCRIBED IN EXHIBIT "A" ATTACHED HERETO), DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID PROPERTY; THENCE S17°06'51 "W A DISTANCE OF 47.50 FEET; THENCE S10°33'24"W A DISTANCE OF 9.47 FEET; THENCE N04°20'40"W A DISTANCE OF 55.39 FEET TO THE NORTH LINE OF SAID PROPERTY; THENCE ALONG SAID NORTH LINE, S88°29'27"E A DISTANCE OF 19.92 FEET TO THE POINT OF BEGINNING. CONTAINING 523 SQUARE FEET, MORE OR LESS. TOGETHER WITH: THAT PORTION OF THE PROPERTY (SAID PROPERTY BEING DESCRIBED IN EXHIBIT "A" ATTACHED HERETO), DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID PROPERTY; THENCE ALONG THE EAST LINE THEREOF, S00°30'38"E A DISTANCE OF 101.02 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EAST LINE, S00°30'38"E A DISTANCE OF 55.19 FEET; THENCE LEAVING SAID EAST LINE, N04°20'40''W A DISTANCE OF 55.07 FEET TO A POINT THAT BEARS S85°38'58"W FROM THE POINT OF BEGINNING; THENCE N85°38'58"E A DISTANCE OF 3.69 FEET TO THE POINT OF BEGINNING. CONTAINING 102 SQUARE FEET, MORE OR LESS. Resolution No. 3800 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 EXHIBIT B-3 TO RESOLUTION NO. 3800 Legal Description of the Sewer Easement Property THAT PORTION OF THE PROPERTY (SAID PROPERTY BEING DESCRIBED IN EXHIBIT "A" ATTACHED HERETO), DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID PROPERTY; THENCE Sl7°06'5l"W A DISTANCE OF 4.11 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING, S17°06'51"W A DISTANCE OF 43.39 FEET; THENCE S 10°33 '24"W A DISTANCE OF 40.36 FEET; THENCE N00°42'37''W A DISTANCE OF 69.94 FEET; THENCE N61°56'24"E A DISTANCE OF 23.83 FEET TO THE POINT OF BEGINNING. CONTAINING 641 SQUARE FEET MORE OR LESS. TOGETHER WITH: COMMENCING AT THE NORTHEAST CORNER OF SAID PROPERTY; THENCE ALONG THE NORTH LINE THEREOF, N88°29'27"W A DISTANCE OF 21.96 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID NORTH LINE, S00°49'23"E A DISTANCE OF 4.95 FEET; THENCE S00°03'50"E A DISTANCE OF 215.40 FEET; THENCE S83°51 '42"E A DISTANCE OF 23.76 FEET TO THE EAST LINE OF SAID PROPERTY; THENCE ALONG SAID EAST LINE, N00°30'38"W A DISTANCE OF 15.10 FEET; THENCE LEAVING SAID EAST LINE, N83°51 '42"W A DISTANCE OF 8.55 FEET; THENCE N00°03'50"W A DISTANCE OF 104.70 FEET; THENCE S85°38'58"W A DISTANCE OF 7.38 FEET; THENCE N04°21 '02"W A DISTANCE OF 103.04 FEET TO POINT OF BEGINNING. CONTAINING 2,297 SQUARE FEET, MORE OR LESS. Resolution No. 3800
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