RESOLUTION NO. 3649

A RESOLUTION of the Port Commission of the Port of Seattle

declaring surplus and no longer needed for Port

District purposes approximately 3,350 square feet,

25 feet in width, of Port-owned real property

formerly owned by BNSF, commonly known as the

Woodinville Subdivision, and located in Bellevue,

Washington, and authorizing the Chief Executive

Officer to execute all documents necessary to

transfer title of the property as part of settlement of

adverse possession lawsuit filed on December 11,

2009 by plaintiffs Jie Ao and Xin Zhou.

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

WHEREAS, Burlington Northern Santa Fe Railway Company (“BNSF”) was the

former owner of the Seattle Belt Line Branch Line right of way located in King County;

and

WHEREAS, the Port owns the real property described on attached Exhibit A

(“BNSF/Port Property”) which it acquired from BNSF, as part of the Port’s acquisition of

the Woodinville Subdivision rail corridor, on or about December 18, 2009; and

WHEREAS, Jie Ao and Xin Zhou (“Ao-Zhou”) own real property located at 6333

Hazelwood Lane, Bellevue, Washington 98006 in King County on the eastern shore of

Lake Washington; and

WHEREAS, Ao-Zhou filed an adverse possession claim in King County Superior

Court on December 11, 2009 which claimed an ownership interest in a thirty-five (35)

foot wide portion of the BNSF/Port Property and a prescriptive easement interest in the

roadway (Hazelwood Lane) serving the Ao-Zhou Property; and

WHEREAS, Ao-Zhou alleged, among other things, in their lawsuit that 1) the

Ao-Zhou parcel abuts the western boundary of the BNSF/Port Property north and south

of SE 64

Street; 2) to the north of SE 64

Street in Bellevue, the Ao-Zhou Parcel is

currently developed with Ao-Zhou’s home; 3) Ao-Zhou and their predecessors have

maintained a detached single-story garage, a concrete driveway, rockery, and other

improvements within that portion of the BNSF/Port Property abutted by SE 64

Street for

over ten years; and 4) they and their predecessors have also maintained a concrete

driveway, rockery and other improvements (namely a retaining wall) within that portion

of the BNSF/Port Property abutting the Ao-Zhou Parcel to the north of SE 64

Street;

and

WHEREAS, the eastern boundary of the 3,350 square feet of land that is the

subject of this Resolution lies at the toe of a fairly steep slope down from existing

railroad tracks in the Bellevue section of the Woodinville Subdivision rail corridor; and

WHEREAS, Ao-Zhou originally claimed 35 feet (east-west), including part of the

property to the east of the top of the slope toward the tracks, but Ao-Zhou has indicated

they will agree to accept 25 feet beginning at the top of the slope and running westward;

and

WHEREAS, the Port and Ao-Zhou wish to resolve the adverse possession claim

without the expense and risk of further litigation; and

WHEREAS, the Port wishes to convey, via quit claim deed, to Ao-Zhou, as part of

the settlement of Ao-Zhou’s lawsuit, a portion of the BNSF/Port Property twenty-five

(25) feet in width and approximately 3350 square feet in area as legally described in

Exhibit B and as depicted in Exhibit C (the “Adverse Possession Property”); and

WHEREAS, any agreement to settle Ao-Zhou’s lawsuit will have acknowledgment

and agreement by Ao-Zhou that under the Rails-to-Trails Act (16 U.S.C. Section

1247(d)), the Quit Claim Deed from BNSF to the Port and that certain Donation

Agreement dated May 12, 2008, BNSF/Port Property is “railbanked” which means that

rail service may be reactivated over the BNSF/Port Property, which means that Ao-Zhou

may be required to remove or relocate Ao-Zhou’s improvements, if any, in or on the

BNSF/Port Property at Ao-Zhou’s sole cost and/or negotiate with the person or entity that

reactivates rail service to make other arrangements or Ao-Zhou’s continued use of the

BNSF/Port Property; and

WHEREAS, the market value of the Adverse Possession Property, based on review

of sales data for adjacent properties, range between $28.47 and $66.45 per square foot;

and

WHEREAS, the value of the Adverse Possession Property thus ranges from

approximately $95,374.50 to $222,607.50, which amount falls under the $300,000

settlement authority delegated to the CEO under Section 9.4 of Resolution No. 3628

amending Resolution No. 3605; and

NOW, THEREFORE, BE IT RESOLVED by the Port Commission of the Port of

Seattle that:

Section 1. The Adverse Possession Property legally described on Exhibit B and

depicted on Exhibit C, attached to this Resolution is no longer needed for Port purposes

and is declared surplus to Port needs.

Section 2. The CEO is authorized to take all steps and execute all documents

necessary to transfer title of the Adverse Possession Property via quit claim deed to

plaintiffs Jie Ao and Xin Zhou as part of the settlement of their adverse possession

lawsuit filed on December 11, 2009.

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

thereof, held this ____day of _______, 2011 and duly authenticated in open session by

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

Commission.

_______

___

Port Commissioners

EXHIBIT “A” to Resolution No. 3649

LEGAL DESCRIPTION OF BNSF/PORT PROPERTY

Tax Parcel Nos. 2024059014 & 2924059005.

The BNSF Railway Company's (formerly Northern

Pacific Railway Company) 100.0 foot wide Renton to

Woodinville, Washington Branch Line Right of Way, being

50.0 feet wide on each side of said Railway Company's

relocated main track centerline, as located and constructed

upon, over and across Government Lot 4 of Section 20 and

Government Lot 1 of Section 29, all in Township 24 North,

Range 5 East, Willamette Meridian, Situate in the County

of King and State of Washington.

EXHIBIT “B” to Resolution No. 3649

LEGAL DESCRIPTION OF ADVERSE POSSESSION PROPERTY

THE WESTERLY 25.0 FEET IN WIDTH OF THE BNSF RAILWAY

COMPANY'S (FORMERLY NORTHERN PACIFIC RAILWAY

COMPANY) 100.0 FOOT WIDE RENTON TO WOODINVILLE,

WASHINGTON BRANCH LINE RIGHT OF WAY, BEING 50.0

FEET WIDE ON EACH SIDE OF SAID RAILWAY COMPANY'S

RELOCATED MAIN TRACK CENTERLINE, AS LOCATED AND

CONSTRUCTED UPON, OVER AND ACROSS GOVERNMENT

LOT 4 OF SECTION 20 AND GOVERNMENT LOT 1 OF SECTION

29, ALL IN TOWNSHIP 24 NORTH, RANGE 5 EAST,

WILLAMETTE MERIDIAN,

LYING SOUTHERLY OF THE EASTERLY EXTENSION OF THE

NORTH LINE OF LOT 35, BLOCK “A” AND NORTHERLY OF THE

EASTERLY EXTENSION OF THE NORTH LINE OF LOT 1,

BLOCK “B” ALL IN C.D. HILLMAN'S LAKE WASHINGTON

GARDEN OF EDEN ADDITION TO THE CITY OF SEATTLE,

DIVISION NO. 3, ACCORDING TO THE PLAT THEREOF

RECORDED IN VOLUME 11 OF PLATS, PAGE 81, RECORDS OF

KING COUNTY, WASHINGTON;

SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.

CONTAINING 3350 SQUARE FEET, MORE OR LESS.

EXHIBIT “C” to Resolution No. 3649

MAP OF ADVERSE POSSESSION PROPERTY