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RESOLUTION NO. 3630

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

14431 Des Moines Memorial Drive South (King

County Tax Number 202304-9177), referenced as

the Williams 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 1911, 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 53.08.010 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

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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;

and

WHEREAS, Seventy-two residential parcels met the acquisition/relocation criteria and

were identified as eligible for federal funds; 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 thus eligible for Airport Improvement Program (AIP)

grant funds; and

WHEREAS, the Port Commission has authorized the expenditure of funds for the North

Burien Phase 2 Project (CIP # C200015);

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WHEREAS, in accordance with Chapter 8.12 RCW, the Port of Seattle timely caused a

mailing of the Statutory Notice of a Meeting scheduled for October 6, 2009, and October 13,

2009, of the Port Commission of the Port of Seattle to consider the commencement of an action

to acquire the subject Property by eminent domain (the “Statutory Notice”) to be delivered to the

tax payer of record for the subject Property: RICHARD J WILLIAMS, & CHARLOTTE F

WILLIAMS; and

WHEREAS, in accordance with Chapter 8.12 RCW, the Port of Seattle further caused

such Statutory Notice to be published once a week for two consecutive weeks on September 23,

2009, and September 30, 2009, in a newspaper with the largest circulation in the jurisdiction

where the subject Property is located, The Highline Times; and

WHEREAS, in accordance with Chapter 8.12 RCW, the Port of Seattle further caused

such required Statutory Notice to be published once a week for two consecutive weeks on

September 23, 2009, and September 30, 2009, in a newspaper routinely used by the Port of

Seattle, where such newspaper does not also have the largest circulation in the jurisdiction where

the subject Property is located, Seattle Daily Journal of Commerce; and

WHEREAS, on October 6 and October 13, 2009, the Port Commission of the Port of

Seattle held a General Meeting to consider the commencement of an eminent domain action to

acquire the subject Property;

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

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with the Third Runway is 65 decibels or greater so that the property can be converted to a use

that is compatible with airport operations.

SECTION 3. There is a public necessity for the acquisition of said Property. The need is

consistent with the Environmental Impact Statement for the Third Runway Master Plan update,

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 5. Funds for the North Burien Phase 2 Project (CIP # C200015), in

combination with Airport Improvement Program grant funds, 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.

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ADOPTED by the Port Commission of the Port of Seattle at a regular meeting held

this _________ day of _______________________, 2009, and duly authenticated in open

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

Commission.

Port Commission

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EXHIBIT A

RESOLUTION NO. 3630

King County Tax ID Number 202304-9177: