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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 easement
and access interests in real property located in King
County, Washington, for the program; authorizing
negotiation or condemnation; and directing other actions
consistent with the program and aviation safety.
WHEREAS, the Port of Seattle maintains a Flight Corridor Safety Program for the Seattle-
Tacoma International Airport (Airport) and is implementing the Flight Corridor Safety Program
2019 to remove tree obstructions at and around the Airport (Project); and
WHEREAS, the port has reasonably described in the attached Exhibit A certain
properties identified by the port as sources of trees that currently obstruct the airspace
required for the flight of aircraft in landing or taking-off at the airport, or are projected to
obstruct within five years; and
WHEREAS, airport hazards, which are defined in RCW 14.12.010 to include trees (and
any structure or use of land) that obstruct the airspace required for the flight of aircraft in
landing or taking-off at an airport, are declared to be a public nuisance under RCW 14.12.020;
and
WHEREAS, the port is authorized by state law, including but not limited to
RCW 14.12.020, to raise and spend public funds and acquire property interests to prevent the
creation or establishment of airport hazards and to eliminate, remove, alter, mitigate, or mark
and light existing airport hazards; and
WHEREAS, the Project and related port efforts are necessary to ensure safe and secure
aircraft operations by removing and preventing obstructions to navigable airspace to satisfy
federal and state statutory and regulatory requirements, comply with grant assurances made to
the Federal Aviation Administration (FAA), continue operating a world class airport by ensuring
safe and secure operations, and protect the public health, public safety, and general welfare;
and
WHEREAS, the port is authorized by state law to acquire and to condemn property
interests pursuant to Ch. 14.07 RCW, Ch. 14.08 RCW, Ch. 14.12 RCW, Title 53 RCW (and other
authority) for the purposes enumerated therein, including but not limited to, acquisition or
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condemnation of easements, other property interests, or any other airport protection
privileges necessary to ensure safe and efficient operation of airports; and
WHEREAS, acquisition of property interests is reasonably necessary for the Project in
order to address, as authorized by RCW 14.12.020 and other authority, airport hazards
(including, but not limited to, tree obstructions) located on and/or extending from non-port
property, and to prevent the future creation or establishment of airport hazards; and
WHEREAS, the port has provided notice of the intent of the Port Commission to
consider this resolution, by mailed and published notice conforming to the requirements of
RCW 8.25.290; and
WHEREAS, the authority granted by this resolution, and the exercise of eminent domain
authority, shall not foreclose current and future negotiations with the owners of the property
rights subject to condemnation;
NOW, THEREFORE, BE IT RESOLVED by the Port of Seattle Commission as follows:
Section 1. The above recitals are incorporated and made a part of this resolution.
Section 2. The Port Commission finds and declares that the public use, safety, health, welfare,
convenience, and necessity demand and require that the port acquire—including by
condemnation if voluntary negotiations fail—such easements, access rights, property interests,
or other airport protection privileges as may be necessary for the Project, aviation safety, and
to prevent the creation or establishment of future tree obstructions or other airport hazards.
The properties subject to potential condemnation of property rights under this resolution are
reasonably described in the attached Exhibit A, which is incorporated herein by reference.
Section 3. The Port Commission directs that all reasonable efforts be undertaken by the port to
acquire property interests through good faith negotiations with the affected property owners.
If reasonable efforts at voluntary acquisition are unsuccessful, the port’s Executive Director or
designee is hereby authorized and directed to commence those proceedings required by law
that are necessary to condemn, take, damage, and appropriate the property interests necessary
to carry out this resolution, or such other legal proceedings as may be necessary to carry out
this resolution. Such other legal proceedings may include quiet title or other actions to
establish port rights with respect to the properties subject to this resolution. The port shall
condemn property interests only upon completion of all steps and procedures required by
applicable law and payment of just compensation as may be required by and in the manner
prescribed by law. The port shall commission appraisals to determine the fair market value of
the property interests acquired or condemned.
Section 4. In conducting any condemnation or related proceedings, the port’s attorneys upon
direction from the Executive Director are hereby authorized to enter into settlements,
stipulations, or agreements, for the purpose of minimizing damages and costs to the port.
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These settlements, stipulations, or agreements may include, but are not limited to, the amount
of just compensation to be paid, the scope of the property interests to be acquired or
condemned, the acquisition of temporary easements or other property interests as may be
necessary or convenient, and to make amendments to the legal descriptions of the properties
described in Exhibit A as may become necessary to correct scrivener’s errors and/or to conform
the legal description to the precise property rights required for the Project.
Section 5. Nothing in this resolution limits the port in its identification and acquisition of
property and property interests necessary for the Project, including for purposes of settlement.
The port reserves the right to acquire by condemnation other or different properties or
property interests for such purposes by subsequent resolution.
Section 6. The funds necessary to acquire or condemn the property interests provided for by
this resolution shall be paid from the Airport Development Fund, or such other funds of the
port as may be available and authorized by law.
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 24
th
day of March 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
Stephanie Bowman
Ryan Calkins
Sam Cho
Fred Felleman
Peter Steinbrueck
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EXHIBIT A
Tax Parcel No.
Address
Owner of Record
024150-0010
2415 South 144th Street
SeaTac, WA 98168
Scott A. Johnston
Legal Description:
Tax Parcel No.
Address
Owner of Record
024150-0020
14418 24th Avenue South
SeaTac, WA 98168
Roberto Santillan Hernandez and
Alma Azucena Garcia Acero
Legal Description:
Tax Parcel No.
Address
Owner of Record
024150-0070
14419 25th Avenue South
SeaTac, WA 98168
Zhibin Chen and Liu Jierong
Ayumi Matsumoto
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.
Tax Parcel No.
Address
Owner of Record
024600-0044
1016 South 193rd Place SE
SeaTac, WA 98148
Beyene T. Reda and Tessaye
Gebresilassie
Legal Description:
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Tax Parcel No.
Address
Owner of Record
042204-9025
Hillgrove Cemetery
SeaTac, WA
Tanya Engeset, Treasurer,
Hill Grove Cemetery Association
Legal Description:
Tax Parcel No.
Address
Owner of Record
052204-9134
19910 8th Avenue South
Des Moines, WA 98148
Layne E. Anderson-Lard and
Eric W. Lard
Legal Description:
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Tax Parcel No.
Address
Owner of Record
172304-9150
14230 8th Avenue South
Burien, WA 98168
Darshan Singh
Legal Description:
Tax Parcel No.
Address
Owner of Record
322304-9022
322304-9117
322304-9293
18429 Des Moines Memorial Dr. S.
18435 Des Moines Memorial Dr. S.
18441 Des Moines Memorial Dr. S.
SeaTac, WA 98148
John Chu
Legal Description:
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Tax Parcel No.
Address
Owner of Record
768620-0705
Not assigned (Vacant Land)
SeaTac, WA 98198
Highline School District No. 401
Legal Description:
Tax Parcel No.
Address
Owner of Record
768620-1040
1410 South 200th Street
SeaTac, WA 98198
Highline School District No. 401
Legal Description:
Tax Parcel No.
Address
Owner of Record
768620-0690
Not Assigned (Vacant Land)
Warren L. Farmer
Legal Description:
