Resolution 3771 – 2019 Flight Corridor Program Property Interests Page 1 of 8

RESOLUTION NO. 3771

1

2

A RESOLUTION of the Port of Seattle Commission relating to the Flight Corridor

3

Safety Program 2019 at Seattle-Tacoma International

4

Airport; providing for the acquisition of certain easement

5

Tacoma International Airport (Airport) and is implementing the Flight Corridor Safety Program

12

2019 to remove tree obstructions at and around the Airport (Project); and

13

14

WHEREAS, the port has reasonably described in the attached Exhibit A certain

15

properties identified by the port as sources of trees that currently obstruct the airspace

16

required for the flight of aircraft in landing or taking-off at the airport, or are projected to

17

obstruct within five years; and

18

19

WHEREAS, airport hazards, which are defined in RCW 14.12.010 to include trees (and

20

any structure or use of land) that obstruct the airspace required for the flight of aircraft in

21

and light existing airport hazards; and

28

29

WHEREAS, the Project and related port efforts are necessary to ensure safe and secure

30

aircraft operations by removing and preventing obstructions to navigable airspace to satisfy

31

federal and state statutory and regulatory requirements, comply with grant assurances made to

32

the Federal Aviation Administration (FAA), continue operating a world class airport by ensuring

33

safe and secure operations, and protect the public health, public safety, and general welfare;

34

and

35

36

WHEREAS, the port is authorized by state law to acquire and to condemn property

37

Resolution 3771 – 2019 Flight Corridor Program Property Interests Page 2 of 8

condemnation of easements, other property interests, or any other airport protection

40

privileges necessary to ensure safe and efficient operation of airports; and

41

42

WHEREAS, acquisition of property interests is reasonably necessary for the Project in

43

order to address, as authorized by RCW 14.12.020 and other authority, airport hazards

44

(including, but not limited to, tree obstructions) located on and/or extending from non-port

45

property, and to prevent the future creation or establishment of airport hazards; and

46

47

WHEREAS, the port has provided notice of the intent of the Port Commission to

48

consider this resolution, by mailed and published notice conforming to the requirements of

49

NOW, THEREFORE, BE IT RESOLVED by the Port of Seattle Commission as follows:

56

57

Section 1. The above recitals are incorporated and made a part of this resolution.

58

59

Section 2. The Port Commission finds and declares that the public use, safety, health, welfare,

60

convenience, and necessity demand and require that the port acquire—including by

61

condemnation if voluntary negotiations fail—such easements, access rights, property interests,

62

or other airport protection privileges as may be necessary for the Project, aviation safety, and

63

to prevent the creation or establishment of future tree obstructions or other airport hazards.

64

The properties subject to potential condemnation of property rights under this resolution are

65

that are necessary to condemn, take, damage, and appropriate the property interests necessary

72

to carry out this resolution, or such other legal proceedings as may be necessary to carry out

73

this resolution. Such other legal proceedings may include quiet title or other actions to

74

establish port rights with respect to the properties subject to this resolution. The port shall

75

condemn property interests only upon completion of all steps and procedures required by

76

applicable law and payment of just compensation as may be required by and in the manner

77

prescribed by law. The port shall commission appraisals to determine the fair market value of

78

the property interests acquired or condemned.

79

80

Section 4. In conducting any condemnation or related proceedings, the port’s attorneys upon

81

Resolution 3771 – 2019 Flight Corridor Program Property Interests Page 3 of 8

These settlements, stipulations, or agreements may include, but are not limited to, the amount

84

of just compensation to be paid, the scope of the property interests to be acquired or

85

condemned, the acquisition of temporary easements or other property interests as may be

86

necessary or convenient, and to make amendments to the legal descriptions of the properties

87

described in Exhibit A as may become necessary to correct scrivener’s errors and/or to conform

88

the legal description to the precise property rights required for the Project.

89

90

Section 5. Nothing in this resolution limits the port in its identification and acquisition of

91

property and property interests necessary for the Project, including for purposes of settlement.

92

The port reserves the right to acquire by condemnation other or different properties or

93

Section 7. If any one or more section, subsection, or sentence of this resolution is held to be

unconstitutional or invalid, such decision shall not affect the validity of the remaining portions

of this resolution and the same shall remain in full force and effect.

Section 8. This resolution shall be in full force and effect from and after its passage.

ADOPTED by the Port of Seattle Commission at a duly noticed public meeting thereof

held this ____ day of ______________, 2020, and duly authenticated in open session by the

signatures of the commissioners voting in favor thereof and the seal of the commission.

Port of Seattle Commission

Resolution 3771 – 2019 Flight Corridor Program Property Interests Page 4 of 8

EXHIBIT A

Legal Description:

LOT 14, BLOCK 1, ANITA ADDITION, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME

59 OF PLATS, PAGE(S) 100, IN KING COUNTY, WASHINGTON.

Legal Description:

Resolution 3771 – 2019 Flight Corridor Program Property Interests Page 5 of 8

Legal Description:

Legal Description:

Resolution 3771 – 2019 Flight Corridor Program Property Interests Page 6 of 8

Legal Description:

Resolution 3771 – 2019 Flight Corridor Program Property Interests Page 7 of 8

Resolution 3771 – 2019 Flight Corridor Program Property Interests Page 8 of 8