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 191 1,

RCW 53.04.010, authorized and approved at a special election held in King County on the 5th

day of September 19 1

1, 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

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

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

attached hereto and by this reference incorporated herein.

SECTION

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

There is a public necessity for the acquisition of said PropertycThe need is

consistent with the Environmental Impact Statement for the Third Runway Master ~kn-<~date,,

the latest Federal Aviation Regulation Part 150 Noise 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

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

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

&W,

2009, and duly authenticated in open

session by the signatures of the Commissioners voting in favor thereof and the seal of the

Commission.

8lLt

BRYANT

AEL

TARLETQN

-LLOYD

HARA

Port Commission

EXHIBIT

RESOLUTION NO.

3622

King County

Tax

Number 202304-9091

THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20,

TOWNSHIP

NORTH, RANGE

EAST,

WILTAMETTE MERIDIAN, IN KING COUNTY,

WASHINGTON,

DESCRIBED

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 287-26 FEET, 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

0°13'50" WEST TO

POINT 805 FEET SOUTH OF THE NORTHWEST CORNER

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

KING

couNm

SUPERIOR

COURT

CAUSE

NUMBER

709329.