Template revised January 10, 2019.

COMMISSION

AGENDA MEMORANDUM

Item No.

ACTION ITEM

Date of Meeting

April 12, 2022

DATE : March 25, 2022

TO: Stephen P. Metruck, Executive Director

FROM: Pete Ramels, General Counsel

Marie Quasius, Senior Port Counsel

SUBJECT: Authorization for the Executive Director to Execute a Settlement Agreement to

Resolve Easement Dispute and Claims for Damages

Amount of this request:

$1,290,000

ACTION REQUESTED

Request Commission authorization for the Executive Director to execute a settlement agreement

with Wesley Homes Des Moines, LLC and Wesley Homes Corporation (“Wesley”) to resolve a

dispute related to the Port’s avigation easement over Wesley’s property and a claim for

damages.

EXECUTIVE SUMMARY

In acknowledgment of and in exchange for actions described in the Settlement Agreement,

Wesley will release its claims against the Port and clarify the terms of the easement.

1. The Port will conduct acoustical testing at Wesley’s “Terrace Building” (a 1960’s era multi-

story building) to determine interior noise levels from aircraft operations.

2. The Port and Wesley will work cooperatively to seek FAA funding for noise mitigation

improvements at the Terrace Building when/if it meets specified exterior noise levels.

3. The Port is committing to engage a consultant to conduct a full Part 150 update for SEA

Airport which will include noise contours for the airport and to make a budget

commitment in 2023 for funding commencement of the update. 

4. The Port will reimburse Wesley for up to $250,000 in documented attorney and expert

fees that Wesley has incurred in connection with this dispute.

5. Wesley is going to provide the Port with a revised avigation easement that clarifies the

metric for measuring the burden, among other revisions to the easement.

The Port denies Wesley’s claims. However, considering the costs of litigation that would be

needed to take this matter to trial, the settlement is recommended.