Template revised January 10, 2019.
FG:53685006.1
COMMISSION
AGENDA MEMORANDUM
Item No.
6h
ACTION ITEM
Date of Meeting
March 24, 2020
DATE: March 16, 2020
TO: Stephen P. Metruck, Executive Director
FROM: Laurel Dunphy, Director, Airport Operations
Wayne Grotheer, Director, Aviation Project Management
Clare Gallagher, Director, Capital Project Delivery/External Relations
SUBJECT: Flight Corridor Safety Program 2019 real property – adoption of Resolution 3771
ACTION REQUESTED
Request adoption of Resolution No. 3771: a resolution of the Port of Seattle Commission
relating to the Flight Corridor Safety Program 2019; 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.
EXECUTIVE SUMMARY
This request for adoption 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
intended to remove current and future obstructions consisting of different species of trees
around Seattle-Tacoma International Airport, replant trees of compatible species in appropriate
locations, and acquire property rights to perform obstruction management and prevent
establishment of future obstructions. Obstructions include any objects penetrating Federal
Aviation Administration (FAA)-designated approach and departure surfaces or expected to
penetrate within five years. Obstructions in this case consist only of trees. Removal of
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
trees or other objects located on the property, and the easement would provide a clear
mechanism for the Port to promptly and efficiently address any future obstructions, such as
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Meeting Date: March 24, 2020
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
meets its statutory and regulatory obligations as discussed below, ensures flight operations will
not be impacted by obstructions, and uses Port resources for obstruction management
responsibly and efficiently. The Port will obtain appraisals from a qualified appraiser as may be
appropriate to determine the fair market value of property interests acquired or condemned,
and as a benefit, the transfer will be exempt from real estate excise tax for the property
owners.
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. The Commission
authorized introduction of the Resolution 3771 on February 25, 2020. This request is for the
Commission to adopt Resolution 3771.
Property Access and Easements
The Port may use a variety of methods to access non-Port properties for tree removal and
replanting, and to acquire permanent easements or other lawful airport protection privileges
for continued, long-term protection of the flight corridor. In all cases, the project team will
negotiate directly with each landowner to acquire the property interests needed. If immediate
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
property rights needed for the project. Additionally, under WAC 458-61A-206, transfers of
property rights to the Port under threat of condemnation (whether the landowner voluntarily
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Meeting Date: March 24, 2020
Template revised June 27, 2019 (Diversity in Contracting).
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
(1) Draft Condemnation Resolution 3771
PREVIOUS COMMISSION ACTIONS OR BRIEFINGS
February 25, 2020 – The Commission authorized the Executive Director to introduce Resolution
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.
January 28, 2020 – The Commission authorized the Executive Director to (1) use existing job
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
project budget for the Flight Corridor Safety Program – Phase 1 by $2,600,000 for a new
total of $5,806,000; (2) execute change order(s) in excess of $300,000 as necessary to
complete the tree removal work and (3) advertise and execute a major works construction
contract to remove obstructions and complete replanting for Flight Corridor Safety Program
Phase 1 at Seattle-Tacoma International Airport.
July 25, 2017 – Commission briefing on Flight Corridor Safety Program Sites P-4 and P-5. 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
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Meeting Date: March 24, 2020
Template revised June 27, 2019 (Diversity in Contracting).
duration as necessary and include additional scope that may be identified, including
deferral of work on selected sites; (3) increase the project budget by an amount not to
exceed $475,000 for a total new project cost of $3,206,000.
November 1, 2016 – Commission public meeting and briefing on the Flight Corridor Safety
Obstruction Management program. The briefing provided an overview of state and federal
laws/requirements, and staff’s recommendation of options to modify the current program.
The public meeting also included an extensive public comment period.
October 25, 2016 – Commission considered authorization to award the irregular bid exceeding
10 percent of the engineer’s estimate to the lowest responsible bidder but took no action.
October 11, 2016 – Commission considered authorization to award the irregular bid exceeding
10 percent of the engineer’s estimate to the lowest responsible bidder but took no action.
August 23, 2016 – A special announcement to Commission by Aviation Operations Director,
Michael Ehl, in regard to the Port issuing the final environmental Mitigated Determination
of Non-Significance (MDNS) for tree removal and replanting as part of the Flight Corridor
Safety Program in Phase One.
August 9, 2016 – Commission authorized the advertisement and execution of a major works
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.
