Template revised January 10, 2019.

COMMISSION

AGENDA MEMORANDUM

Item No.

8c

ACTION ITEM

Date of Meeting

February 25, 2020

DATE: February 14, 2020

ACTION REQUESTED

Request Introduction of Resolution No. 3771: a resolution of the Port of Seattle Commission

relating to the Flight Corridor Safety Program 2019 at Seattle-Tacoma International Airport;

providing for the acquisition of certain real property interests located in King County,

Washington, for the program; authorizing negotiation or condemnation; and directing other

actions consistent with the program and aviation safety.

EXECUTIVE SUMMARY

This request for introduction of Resolution 3771 follows the authorization obtained January 28,

2020, in support of the Port’s Flight Corridor Safety Program 2019. The recurring program is

obstructions will ensure the airport’s compliance with FAA regulations, state laws regarding

prevention of hazards to air navigation, and the airport’s operating certificate requiring airport

operators to protect safe and efficient flight operations into and out of the airport.

In implementing the Flight Corridor Safety Program 2019, the Port will need to memorialize or

assert its rights to access non-Port properties for purposes of obstruction removal and

replanting and will seek, in coordination with property owners, permanent easements or other

lawful airport protection privileges that provide for unobstructed air space, for continued, long-

term protection of the flight surfaces. Acquiring an easement from property owners will

protect against future encroachments by establishing appropriate height limitations for any

Template revised June 27, 2019 (Diversity in Contracting).

granting the right to access the property to address an obstruction, upon reasonable notice to

the property owner.

The Port will make every effort to negotiate with property owners to acquire the property

interests needed for near-term obstruction management and long-term flight corridor

protection voluntarily; however, condemnation is available as a last resort if those efforts are

unsuccessful. For example, voluntary negotiations may fail; there may be delays in securing the

necessary property rights; title to the property may be unclear and require clarification; the

property is abandoned; or the property owner is otherwise not available. Authorizing

condemnation enables the Port to proceed in a timely manner, helps ensure that the Port

DETAILS

The Commission authorized staff to proceed with the Flight Corridor Safety Program 2019, as

requested at the January 28, 2020 Commission meeting. At that meeting, staff informed the

Commission of the need for permanent easements and the ability to pursue condemnation. A

resolution on the part of the Commission requires two public meetings; first, to introduce the

resolution, and then to take up the item and vote at a subsequent meeting. Today’s

Commission meeting is the introduction to the condemnation resolution and staff intends to

return on March 24 and request the Commission vote on the resolution, which will provide an

opportunity for feedback and comment prior to adoption.

tree removal is required, the Port may obtain temporary access rights while permanent rights

are negotiated. The value of each easement or property interest will be site-specific, as

determined by an appraiser as appropriate and in accordance with applicable standards for

determining fair market value. The Port will recommend that landowners seek the advice of

independent legal counsel. In some instances, voluntary negotiations may fail; the Port may

face untenable delays in securing the necessary property rights; title to the property may be

unclear and require clarification; the property is abandoned; or the property owner is

otherwise not available. Authorization to proceed with filing a condemnation action where

necessary is therefore requested, with the understanding that condemnation will be a last

resort. Authorizing condemnation enables the Port to proceed efficiently and acquire the

Template revised June 27, 2019 (Diversity in Contracting).

property rights to the Port under threat of condemnation (whether the landowner voluntarily

grants the property interests or whether an actual condemnation proceeding is necessary to

acquire the interests) exempt the landowner from paying otherwise applicable real estate

excise tax.

ATTACHMENTS TO THIS REQUEST

order contracts for removal of current and future flight path obstructions from non-Port

properties and associated replanting of replacement trees; (2) advertise and execute

construction contracts for replanting of replacement trees; (3) pay fees to the Washington

State Department of Transportation (WSDOT) and local jurisdictions for them to perform

replanting for certain obstructions removed from their properties; and (4) execute

agreements with public agency and private property owners as needed for purposes of

obstruction management; and (5) acquire those property rights necessary for obstruction

management and preventing future creation or establishment of airport hazards, for a total

estimated cost of $5,895,000 representing a total project cost estimate of $8,500,000.

November 14, 2017 – The Commission authorized the Executive Director to (1) increase the

briefing provided a summary of the public engagement workshop that was held on June 5,

2017 to identify a preferred removal and replanting approach with the community’s input.

February 21, 2017 – Commission authorized the Chief Executive Officer to prepare

environmental, design and contract bid documents for the Flight Corridor Safety Program

now-combined Phase 2 and Phase 3 at Seattle-Tacoma International Airport for $2,373,000.

The total estimated project cost is $7,227,000.

November 22, 2016 – Commission authorized (1) to award and execute a major works

construction contract to the lowest responsible bidder, notwithstanding the low bid

exceeding the engineer’s estimate by more than 10 percent; (2) change the contract

duration as necessary and include additional scope that may be identified, including

Template revised June 27, 2019 (Diversity in Contracting).

laws/requirements, and staff’s recommendation of options to modify the current program.

The public meeting also included an extensive public comment period.

August 23, 2016 – A special announcement to Commission by Aviation Operations Director,

construction contract in the amount of $1,831,000 for a total project cost of $2,731,000.

February 9, 2016 – Commission authorized to design, advertise and execute a major works

construction contract in the amount of $750,000 for a total estimate project cost of

$900,000.

November 24, 2015 – Commission briefed on the Flight Corridor Safety Obstruction

Management program. The briefing provided an overview of state and federal

laws/requirements, and staff’s recommendation of a phased delivery approach to complete

the program.