Resolution No. 3800

PORT OF SEATTLE 5

RESOLUTION NO. 3800 6

A RESOLUTION of the Port Commission of the Port of Seattle 9

declaring surplus and no longer needed for port 10

district purposes approximately 88,325 square feet 11

(2.3 acres) of Port-owned real property located in the 12

City of SeaTac, King County; and further authorizing 13

the Executive Director, or his designee, to finalize 14

negotiation, prepare and execute all necessary 15

documents to convey in fee and permanent easement 16

a portion of said real property to Sound Transit for use 17

in the development of the Federal Way Link 18

Extension Project 19

WHEREAS, the voters of King County, pursuant to the provisions of enabling legislation 21

adopted by the Legislature of the State of Washington, Chapter 92, Laws of 1911, RCW 53.04.010, 22

authorized and approved at a special election held in King County on the 5th day of September 23

1911, the formation of a port district coextensive with King County to be known as the Port of 24

Seattle; and 25

WHEREAS, the Port of Seattle (the “Port”) was thereupon established as a port district 27

and has since been and now is a duly authorized and acting port district of the State of Washington; 28

and 29

WHEREAS, the Port owns certain real property consisting of approximately 88,325 31

square feet (2.3 acres) located in the City of SeaTac, King County, Washington with the legal 32

description as set forth on attached Exhibit A together with the improvements thereon 33

(collectively, the “Property”); and 34

WHEREAS, the Central Puget Sound Regional Transit Authority (“Sound Transit”) by 36

letter dated July 30, 2021 has offered to purchase a portion of the Property (the “Fee Take 37

Property”), and to obtain a permanent Guideway Easement (the “Guideway Easement”) and a 38

permanent Sewer Easement (the “Sewer Easement”) on other portions of the Property 39

Item No.: 8g__reso

Meeting Date: April 12, 2022

Resolution No. 3800

(collectively, the “Sound Transit Acquisition Property”), from the Port, under threat of 40

condemnation, for the aggregate price of $313,000 (the “Sound Transit Acquisition Offer”), said 41

offer price being determined based on a market value appraisal prepared by Richard P. Herman, 42

R.P. Herman & Associates LLC, Washington State Certified General Real Estate Appraiser (WA 43

License No. 1100435) (the “Sound Transit Appraisal”); and 44

WHEREAS, the individual legal descriptions for the Fee Take Property, the Guideway 46

Easement property and the Sewer Easement property are as set forth, collectively, on attached 47

Exhibits B-1, B-2 and B-3; and 48

WHEREAS, Sound Transit intends to utilize the Sound Transit Acquisition Property in 50

connection with its construction and operation of the Federal Way Link Extension, extending its 51

light system from the Angle Lake Station in the City of SeaTac to the Federal Way Transit Center; 52

and 53

WHEREAS, the Port has reviewed the Sound Transit Acquisition Offer and the Sound 55

Transit Appraisal, including review of a third-party validity assessment of the Sound Transit 56

Appraisal prepared by Kidder Mathew’s David M. Chudzik, Washington State Certified General 57

Real Estate Appraiser (WA Certificate No. 1102099), the Port’s Member Appraisal Institute 58

(MAI) appraiser; and 59

WHEREAS, the Port intends to sell at a later date the remainder of the Property (less the 61

portions consisting of the Fee Take Property), consisting of approximately 84,130 square feet (the 62

“Remainder Property”), to a suitable to-be-determined third party, for fair market value, pending 63

subsequent Commission review and authorization; and 64

WHEREAS, pursuant to Chapter 39.33 of the Revised Code of Washington 66

(Intergovernmental Disposition of Property Act) the Port may sell, transfer, exchange, lease or 67

otherwise dispose of real and personal property to the state, any municipality or any political 68

subdivision thereof on such terms and conditions as may be mutually agreed upon by the governing 69

authorities of the participating entities; and 70

Resolution No. 3800

WHEREAS, a resolution declaring the Property surplus to port district needs and no longer 72

needed for port district purposes is a prerequisite to conveyance of the Sound Transit Acquisition 73

Property to Sound Transit as well as for the eventual sale of the Remainder Property to a suitable 74

third party purchaser; and 75

WHEREAS, an official public hearing was held March 22, 2022, after notice of such 77

hearing was duly published as provided by law, to consider whether the Property should be 78

declared no longer needed for port district purposes and surplus to port district needs and the 79

proposed conveyance of the Sound Transit Acquisition Property to Sound Transit; and 80

WHEREAS, the maps and other data regarding the Property, including the Sound Transit 82

Acquisition Property for proposed conveyance to Sound Transit, are on file at the offices of the 83

Port’s Airport Properties Division; and 84

WHEREAS, the Port of Seattle Commission has heard from all persons desiring to speak 86

at the public hearing regarding the proposed surplusing of the Property and conveyance of the 87

Sound Transit Acquisition Property to Sound Transit; and 88

WHEREAS, the members of the Port of Seattle Commission have considered the proposed 90

surplusing of the Property, the proposed conveyance of the Sound Transit Acquisition Property to 91

Sound Transit, and any comments by members of the public attending the public hearing. 92

NOW, THEREFORE, BE IT RESOLVED, by the Port Commission of the Port of 94

Seattle that: 95

Section 1. The Property, described on Exhibit A attached to this Resolution, is no 97

longer needed for Port purposes and is hereby declared surplus to Port needs. 98

Section 2. The Executive Director, or his designee, is authorized to finalize 100

negotiation, prepare and execute all necessary documents to convey the Sound Transit Acquisition 101

Property to Sound Transit for the total price of Three Hundred Thirteen Thousand and 00/100 102

Dollars ($313,000). 103

104

Resolution No. 3800

105

ADOPTED by the Port Commission of the Port of Seattle at a regular meeting thereof, held 106

this ____ day of ____________, 2022, and duly authenticated in open session by the signatures of 107

the Commissioners voting in favor thereof and the seal of the Commission. 108

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______________________________ 111

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_______________________________ 113

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_______________________________ 115

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_______________________________ 117

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_______________________________ 119

Port Commissioners 120

121

Resolution No. 3800

EXHIBIT A 122

TO 123

RESOLUTION NO. 3800 124

125

Legal Description of Property 126

127

PIN 3445000141 128

129

THE SOUTH 140 FEET OF TRACT 19, HOMESTEAD PARK FIVE ACRE TRACTS, 130

ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 7 OF PLATS, PAGE 88, 131

IN KING COUNTY, WASHINGTON; EXCEPT THE EAST 5 FEET THEREOF CONVEYED 132

TO KING COUNTY FOR ROAD BY DEED RECORDED IN VOLUME 8 OF DEEDS, PAGE 133

123. 134

TOGETHER WITH THAT PORTION OF 26TH AVENUE SOUTH AS VACATED BY 135

ORDINANCE NO. 4010, RECORDED UNDER RECORDING NO. 7901181063, AS WOULD 136

ATTACH BY OPERATION OF LAW. 137

EXCEPT THAT PORTION OF SAID TRACT 19 CONVEYED TO THE STATE OF 138

WASHING TON BY DEED RECORDED UNDER RECORDING NUMBER 2020012801255, 139

IN KING COUNTY, WASHINGTON. 140

141

TOGETHER WITH: 142

143

PIN 3445000155 144

145

TRACT 22, HOMESTEAD PARK FIVE ACRE TRACTS, ACCORDING TO THE PLAT 146

THEREOF RECORDED IN VOLUME 7 OF PLATS, PAGE 88, IN KING COUNTY, 147

WASHINGTON; EXCEPT THE EAST 5 FEET THEREOF CONVEYED TO KING COUNTY 148

FOR ROAD BY DEED RECORDED IN VOLUME 8 OF DEEDS, PAGE 123. 149

150

TOGETHER WITH THAT PORTION OF 26TH AVENUE SOUTH AS VACATED BY 151

ORDINANCE NO. 4010, RECORDED UNDER RECORDING NO. 7901181063, AS WOULD 152

ATTACH BY OPERATION OF LAW. 153

154

AND EXCEPT THAT PORTION OF SAID TRACT 22 CONVEYED TO THE STATE OF 155

WASHINGTON BY DEED RECORDED UNDER RECORDING NUMBER 20200128001255, 156

IN KING COUNTY, WASHINGTON. 157

158

159

160

161

162

163

164

165

Resolution No. 3800

EXHIBIT B-1 166

TO 167

RESOLUTION NO. 3800 168

169

Legal Description of the Fee Take Property 170

171

THAT PORTION OF THE PROPERTY (SAID PROPERTY BEING DESCRIBED IN 172

EXHIBIT "A" ATTACHED HERETO), DESCRIBED AS FOLLOWS: 173

174

BEGINNING AT THE NORTHEAST CORNER OF SAID PROPERTY; 175

THENCE ALONG THE EAST LINE THEREOF, S00°30'38"E A DISTANCE OF 140.09 176

FEET 177

TO THE SOUTHEAST CORNER OF SAID PROPERTY; 178

THENCE ALONG THE SOUTH LINE THEREOF, N88°29'27"W A DISTANCE OF 21.96 179

FEET; 180

THENCE LEAVING SAID SOUTH LINE, N04°21'02"W A DISTANCE OF 17.91 FEET; 181

THENCE N02°06'16"W A DISTANCE OF 16.61 FEET; 182

THENCE N02°23'15"E A DISTANCE OF 16.74 FEET; 183

THENCE N10°33'24"E A DISTANCE OF 43.67 FEET; 184

THENCE N17°06'51"E A DISTANCE OF 47.50 FEET TO THE POINT OF 185

BEGINNING. 186

187

CONTAINING 2,309 SQUARE FEET, MORE OR LESS. 188

189

TOGEHER WITH: 190

191

THAT PORTION OF THE PROPERTY (SAID PROPERTY BEING DESCRIBED IN 192

EXHIBIT "A" ATTACHED HERETO), DESCRIBED AS FOLLOWS: 193

194

BEGINNING AT THE NORTHEAST CORNER OF SAID PROPERTY; 195

THENCE ALONG THE EAST LINE THEREOF, S00°30’38”E A DISTANCE OF 101.02 196

FEET; 197

THENCE LEAVING SAID EAST LINE, S85°38’58”W A DISTANCE OF 15.08 FEET; 198

THENCE N04°21’02”W A DISTANCE OF 103.04 FEET TO THE NORTH LINE OF SAID 199

PROPERTY; 200

THENCE ALONG SAID NORTH LINE, S88°29’27”E A DISTANCE OF 21.96 FEET TO 201

THE POINT OF BEGINNING. 202

203

CONTAINING 1,886 SQUARE FEET, MORE OR LESS. 204

Resolution No. 3800

EXHIBIT B-2 205

TO 206

RESOLUTION NO. 3800 207

208

Legal Description of the Guideway Easement Property 209

210

THAT PORTION OF THE PROPERTY (SAID PROPERTY BEING DESCRIBED IN 211

EXHIBIT "A" ATTACHED HERETO), DESCRIBED AS FOLLOWS: 212

213

BEGINNING AT THE NORTHEAST CORNER OF SAID PROPERTY; 214

THENCE S17°06'51 "W A DISTANCE OF 47.50 FEET; 215

THENCE S10°33'24"W A DISTANCE OF 9.47 FEET; 216

THENCE N04°20'40"W A DISTANCE OF 55.39 FEET TO THE NORTH LINE OF SAID 217

PROPERTY; 218

THENCE ALONG SAID NORTH LINE, S88°29'27"E A DISTANCE OF 19.92 FEET TO 219

THE POINT OF BEGINNING. 220

221

CONTAINING 523 SQUARE FEET, MORE OR LESS. 222

223

TOGETHER WITH: 224

225

THAT PORTION OF THE PROPERTY (SAID PROPERTY BEING DESCRIBED IN 226

EXHIBIT "A" ATTACHED HERETO), DESCRIBED AS FOLLOWS: 227

228

COMMENCING AT THE NORTHEAST CORNER OF SAID PROPERTY; 229

THENCE ALONG THE EAST LINE THEREOF, S00°30'38"E A DISTANCE OF 101.02 230

FEET TO THE POINT OF BEGINNING; 231

THENCE CONTINUING ALONG SAID EAST LINE, S00°30'38"E A DISTANCE OF 232

55.19 FEET; THENCE LEAVING SAID EAST LINE, N04°20'40''W A DISTANCE OF 233

55.07 FEET TO A POINT THAT BEARS S85°38'58"W FROM THE POINT OF 234

BEGINNING; 235

THENCE N85°38'58"E A DISTANCE OF 3.69 FEET TO THE POINT OF BEGINNING. 236

237

CONTAINING 102 SQUARE FEET, MORE OR LESS. 238

239

240

Resolution No. 3800

EXHIBIT B-3 241

TO 242

RESOLUTION NO. 3800 243

244

Legal Description of the Sewer Easement Property 245

246

247

THAT PORTION OF THE PROPERTY (SAID PROPERTY BEING DESCRIBED IN 248

EXHIBIT "A" ATTACHED HERETO), DESCRIBED AS FOLLOWS: 249

250

COMMENCING AT THE NORTHEAST CORNER OF SAID PROPERTY; 251

THENCE Sl7°06'5l"W A DISTANCE OF 4.11 FEET TO THE POINT OF BEGINNING; 252

THENCE CONTINUING, S17°06'51"W A DISTANCE OF 43.39 FEET; 253

THENCE S 10°33 '24"W A DISTANCE OF 40.36 FEET; 254

THENCE N00°42'37''W A DISTANCE OF 69.94 FEET; 255

THENCE N61°56'24"E A DISTANCE OF 23.83 FEET TO THE POINT OF BEGINNING. 256

257

CONTAINING 641 SQUARE FEET MORE OR LESS. 258

259

TOGETHER WITH: 260

261

COMMENCING AT THE NORTHEAST CORNER OF SAID PROPERTY; 262

THENCE ALONG THE NORTH LINE THEREOF, N88°29'27"W A DISTANCE OF 21.96 263

FEET TO THE POINT OF BEGINNING; 264

THENCE LEAVING SAID NORTH LINE, S00°49'23"E A DISTANCE OF 4.95 FEET; 265

THENCE S00°03'50"E A DISTANCE OF 215.40 FEET; 266

THENCE S83°51 '42"E A DISTANCE OF 23.76 FEET TO THE EAST LINE OF SAID 267

PROPERTY; 268

THENCE ALONG SAID EAST LINE, N00°30'38"W A DISTANCE OF 15.10 FEET; 269

THENCE LEAVING SAID EAST LINE, N83°51 '42"W A DISTANCE OF 8.55 FEET; 270

THENCE N00°03'50"W A DISTANCE OF 104.70 FEET; 271

THENCE S85°38'58"W A DISTANCE OF 7.38 FEET; 272

THENCE N04°21 '02"W A DISTANCE OF 103.04 FEET TO POINT OF BEGINNING. 273

274

CONTAINING 2,297 SQUARE FEET, MORE OR LESS. 275