Template revised January 10, 2019.
COMMISSION
AGENDA MEMORANDUM
Item No.
10a
ACTION ITEM
Date of Meeting
January 25, 2022
DATE: November 1, 2021
TO: Stephen P. Metruck, Executive Director
FROM: Jeff Moken, Interim Director Aviation and Business Properties
Steve Kennard, Property Manager
SUBJECT: First Reading and Public Hearing of Resolution No. 3799 to surplus Tract B in the
Des Moines Creek Business Park
ACTION REQUESTED
Request First Reading and Public Hearing of Resolution No. 3799: A Resolution of the Port
Commission of the Port of Seattle declaring surplus and no longer needed for port district
purposes approximately 2.56 acres of Port-owned real property, commonly referred to as Tract
“B,” and located in the City of Des Moines, King County; and further authorizing the transfer of
said real property to the City of Des Moines for stormwater facilities in support of improvements
at Des Moines Creek Business Park.
EXECUTIVE SUMMARY
This surplus action will allow the Port to transfer ownership and management of a storm water
facility, Tract “B,” constructed as part of the 87-acre Des Moines Creek Business Park as
previously agreed to in the 2012 Master Plan Agreement (Development Agreement) between the
Port and the City of Des Moines. The Development Agreement memorialized development and
infrastructure requirements including design criteria, traffic and environmental mitigation, and
dedications of street and stormwater facilities. This is the second of two storm water tract
dedications outlined in the Development Agreement. The first was finalized by Commission
Resolution 3731 (2017) for Tract “A.” The dedication of Tract “B” is the final action remaining
under the Development Agreement.
JUSTIFICATION
This dedication follows through on a prior-approved dedication in the Development Agreement.
All prerequisites for dedication outlined in the Development Agreement have been executed.
DETAILS
The merits of this action were reviewed and decided when the Commission approved the
Development Agreement, the Ground Lease between the Port of Seattle and Des Moines Creek
COMMISSION AGENDA – Action Item No. 10a Page 2 of 2
January 25, 2022
Template revised June 27, 2019 (Diversity in Contracting).
Business Park Phase II, LLC dated May 31, 2016, and Short Plat LUA2013-0036 (King Co Recording
# 20160426900009.
If the Commission were to reverse these prior actions the Port would be responsible for
ownership and maintenance of a stormwater facility in the City of Des Moines.
Scope of Work
Execute conveyance documents.
Schedule
Q1 2022
ALTERNATIVES AND IMPLICATIONS CONSIDERED
No alternatives since this dedication was already approved in an agreement with the City.
FINANCIAL IMPLICATIONS
The Port will not receive payment for the property; the dedication was a component of the
Development Agreement of the Des Moines Creek Business Park. The Port is compensated for
the provision of land for stormwater infrastructure by the City’s approval of commercial
development rights.
Future Revenues and Expenses (Total cost of ownership)
Future revenues are realized in the Des Moines Creek Business Park revenues. No future
expenses will be incurred.
ATTACHMENTS TO THIS REQUEST
(1) Presentation slides
PREVIOUS COMMISSION ACTIONS OR BRIEFINGS
April 25, 2017—Related Action—Second reading and resolution declaring Tract “A” surplus
and authorizing conveyance to the City of Des Moines
April 11, 2017—Related Action—First reading in support of the surplus of Tract “A”
February 23, 2016—The Commission authorized changes to the Port’s Development
Agreement with the City of Des Moines including tract realignments reflected in the
Second Addendum to the Amended & Restated Second Development Agreement by and
between the City of Des Moines and the Port of Seattle
