Template revised April 12, 2018.
COMMISSION
AGENDA MEMORANDUM
Item No.
7a
ACTION ITEM
Date of Meeting
July 9, 2019
DATE: June 28, 2019
TO: Stephen P. Metruck, Executive Director
FROM: Stephanie Jones Stebbins, Managing Director Maritime
Tim Leonard, Capital Project Manager
SUBJECT: East Marginal Way Grade Separation Properties & Easements Conveyance to City of
Seattle
Amount of this request:
$0
ACTION REQUESTED
Request (1) unanimous consent to adopt Resolution No. 3760 at the same meeting at which it is
first introduced and (2) Introduction and Adoption of Resolution 3760: A Resolution of the Port
Commission of the Port of Seattle declaring surplus and no longer needed for port district
purposes certain overpass structure and real property located south of South Spokane Street in
the vicinity of Duwamish Avenue in the City of Seattle, Washington, and authorizing the Chief
Executive Officer to execute all documents necessary to transfer title of the surplus property to
the City of Seattle for use in furtherance of the East Marginal Way Grade Separation project.
SUMMARY
The East Marginal Way Grade Separation (EMWGS) project was created in 1998 in partnership
with the City of Seattle (City), State of Washington, and federal government to improve freight
mobility for numerous Port terminals and provide safer transit for all traffic by eliminating
surface street/railroad crossing conflicts in the East Marginal Way/Spokane Avenue area.
Construction of the grade separation structure was substantially completed in 2012, at a total
cost of approximately $52 million, and it has successfully operated since as a vital railroad track
overpass for freight as well as local vehicle traffic. A project Memorandum of Agreement
(MOA), including requirements for the transfer of ownership (and long-term maintenance) of
the EMWGS structure and conveyance of related properties/easements to the City of Seattle,
was subsequently finalized and approved by the Port and the City in 2014. The documents
necessary for legal conveyance of the necessary properties and easements, in accordance with
the MOA, have now been finalized between the City and the Port and are ready for formal
approval by the Port Commission and City Council.
ATTACHMENTS TO THIS REQUEST
(1) Draft Resolution No. 3760 with Exhibit A (property description)
COMMISSION AGENDA Action Item No. 7a Page 2 of 2
Meeting Date: July 9, 2019
Template revised September 22, 2016; format updates October 19, 2016.
(2) PowerPoint presentation slides (properties and easements exhibits)
PREVIOUS COMMISSION ACTIONS OR BRIEFINGS
April 22, 2014 Approval of (1) EMWGS project MOA between the City and the Port; and (2)
$800,000 for final close-out construction elements and the conveyance of required
properties/easements to the City
April 1, 2014 Briefing to Commission regarding project updates and upcoming requested
actions
April 23, 2013 Commission Authorization for (1) Ratification of $232,159 for costs already
incurred in excess of current authorization for the EMWGS project; (2) additional
authorization in the amount of $1,637,841 to complete outstanding work on the
project for a total project authorization of $55,456,171
September 11, 2012 Commission authorization to increase previous Project Authorization
by the amount of the American Recovery and Reinvestment Act grant in the amount
of $2,875,171 received after Commission authorization on March 24, 2009, resulting
in the total project authorization of $53,575,171
May 18, 2010 Commission authorization of a change order for a not-to-exceed amount of
$430,000
May 11, 2010 Commission authorization for a Purchase and Sale agreement between Port
of Seattle and Ash Grove Cement Company for a portion of Ash Grove’s real property
November 30, 2009 Commission approved agreement for early termination of Clear
Channel Outdoor, Inc.’s leaseholds and settlement of any claims related to the
removal of certain signs on Port-owned property acquired for EMWGS project
March 24, 2009 Commission authorization to (1) increase previous Project Authorization
by the amount of $17,200,000 resulting in a total Project Authorization of
$50,700,000, and (2) advertise for bids for a total of $50,700,000
January 13, 2009 Commission project update
April 11, 2006 Commission authorization for project-wide elements for a total of
$34,500,000
December 9, 2003 Commission authorization for design refinement
April 9, 2002 Commission authorization EMWGS project conceptual design development
July 14, 1998 Commission approved Resolution No. 3283 to authorize participation in the
FAST Corridor