Resolution No. 3802

PORT OF SEATTLE 6

RESOLUTION NO. 3802 7

A RESOLUTION of the Port Commission of the Port of Seattle to amend 10

Unit 18 of the Comprehensive Scheme of Harbor 11

Improvements of the Port of Seattle by: (i) declaring 12

certain real property surplus and no longer needed for 13

Port district purposes; (ii) deleting said property from 14

Unit 18 of the Comprehensive Scheme; and (iii) 15

authorizing the Executive Director to take all necessary 16

steps and execute all documents for the sale of such real 17

property to Bridge Point Seatac 300, LLC. 18

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 26

and has since been and now is a duly authorized and acting port district of the State of Washington; 27

and 28

WHEREAS, the Port of Seattle Port Commission established the Port’s Comprehensive 29

Scheme of Harbor Improvements in 1912 by adoption of Resolution No. 17; and 30

WHEREAS, on November 5, 1946, the Port Commission established Unit 18 of the 31

Comprehensive Scheme by adoption of Resolution No. 1194, which unit has been subsequently 32

amended as provided by law; and 33

Item No. 10a_reso

Meeting Date: May 10, 2022

Resolution No. 3802

WHEREAS, included within said Unit 18 is certain Port-owned real property located in 34

the vicinity of 1410 South 200th Street, City of Seatac, King County, State of Washington 35

(portions of Parcel Nos. 7686200620, 7686200560, 7686200980 and 7686201520) (the “Remnant 36

Property”) together with certain street right of way areas adjacent thereto (the “Right of Way 37

Areas”), as legally described on attached Exhibit A (collectively, the “Property”); and 38

WHEREAS, the Port retained ownership of the Remnant Properties following a 2008 sale 39

of other Port property to the Washington State Department of Transportation in connection with 40

its planned Highway 509 extension project; and 41

WHEREAS, Bridge Point Seatac 300, LLC (“Bridge Point”) owns certain real estate 42

adjacent to the Property and is preparing to commence construction of two distribution and 43

warehouse buildings on its development site property; and 44

WHEREAS, Bridge Point brought a quiet title action in King County Superior Court (the 45

“Court”), naming the Port as a defendant, for the purpose of disputing and quieting title to Right 46

of Way Areas (the “Quiet Title Action”); and 47

WHEREAS, the Port and Bridge Point have discussed resolving the Quiet Title Action by 48

entering into a transaction under which Bridge Point will purchase from the Port, for appraised fair 49

market value, the Property, including the Port’s interest in the disputed Right of Way Areas which 50

are the subject of the Quiet Title Action (the “Proposed Sale Transaction”); and 51

WHEREAS, in connection with the Proposed Sale Transaction, the Port and Bridge are 52

currently negotiating to finalize a purchase and sale agreement, pursuant to which Bridge Point 53

would purchase the Property for appraised fair market value, and would also grant the Port 54

avigation easements on Bridge Point’s development site property, contingent upon the parties 55

obtaining a stipulated order of judgment from the Court to (i) legally establish Bridge Point and 56

Resolution No. 3802

the Port’s respective ownership of portions of the Right of Way Areas and (ii) resolve the Quiet 57

Title Action (the “Purchase and Sale Agreement”); and 58

WHEREAS, a resolution declaring the Property surplus to port district needs and no longer 59

needed for port district purposes is a prerequisite to sale of the Property to Bridge Point; and 60

WHEREAS, an official public hearing was held May 24, 2022, after notice of such hearing 61

was duly published as provided by law, to consider whether the Property should be declared no 62

longer needed for port district purposes and surplus to port district needs and the proposed sale of 63

the Property to Bridge Point; and 64

WHEREAS, the maps and other data regarding the Property are on file at the offices of 65

the Port’s Aviation Properties Division; and 66

WHEREAS, the Port of Seattle Commission has heard from all persons desiring to speak 67

at the public hearing regarding the proposed surplusing of the Property and sale of the Property to 68

Bridge Point; and 69

WHEREAS, the members of the Port of Seattle Commission have considered the proposed 70

surplusing of the Property, the proposed sale of the Property to Bridge Point, and any comments 71

by members of the public attending the public hearing. 72

NOW, THEREFORE, BE IT RESOLVED by the Port Commission of the Port of 73

Seattle that: 74

Section 1. The Property, described on Exhibit A attached to this Resolution, which is 75

part of Unit 18 of the Comprehensive Scheme, is hereby declared surplus to Port of Seattle needs 76

and no longer needed for Port purposes and deleted from Unit 18 of the Comprehensive Scheme. 77

Resolution No. 3802

Section 2. The Executive Director, or his designee, is authorized to finalize 79

negotiation, prepare and execute all necessary documents, including the Purchase and Sale 80

Agreement, for the Port to sell the Property to Bridge Point for appraised fair market value. 81

ADOPTED by the Port Commission of the Port of Seattle at a regular meeting thereof, held 82

this ____ day of ____________, 2022, and duly authenticated in open session by the signatures of 83

the Commissioners voting in favor thereof and the seal of the Commission. 84

______________________________ 87

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Port Commissioners 96

Resolution No. 3802

EXHIBIT A 98

TO 99

RESOLUTION NO. 3802 100

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Legal Description of Property 102

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THOSE PORTIONS OF THE SOUTHEAST QUARTER AND THE NORTHEAST QUARTER 104

OF SECTION 05, TOWNSHIP 22 NORTH, RANGE 04 EAST, W.M., KING COUNTY, 105

WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: 106

107

BLOCKS 14 AND 15, SEELEY’S ADDITION TO THE CITY OF DES MOINES 108

“VACATED”, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 4 OF 109

PLATS, PAGE 59, IN KING COUNTY, WASHINGTON; 110

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TOGETHER WITH THE EAST HALF OF ALLEY LYING WEST OF THE SOUTH 50 FEET 112

AND THE SOUTH 50 FEET OF THE NORTH 150 FEET OF SAID BLOCK 15, VACATED 113

BY ORDER ENTERED IN KING COUNTY SUPERIOR COURT CAUSE NUMBER 114

85-2-07561-7, RECORDED UNDER RECORDING NUMBER 8508150435 AND 115

ATTACHING THERETO BY OPERATION OF LAW; 116

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AND TOGETHER WITH 14

AVENUE SOUTH, ADJOINING SAID BLOCKS 14 AND 15, 118

VACATED BY CITY OF SEATAC ORDINANCE NUMBERS 98-1044 AND 96-1011, 119

RECORDED UNDER RECORDING NUMBERS 9904151321 AND 20060614001524, AND 120

ATTACHING THERETO BY OPERATION OF LAW; 121

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AND TOGETHER WITH THE NORTH HALF OF SOUTH 198

ADJOINING SAID 123

BLOCKS 14 AND 15, VACATED BY ORDER ENTERED IN KING COUNTY SUPERIOR 124

COURT CAUSE NUMBER 85-2-07561-7, RECORDED UNDER RECORDING NUMBER 125

8508150435 AND VACATED BY CITY OF SEATAC ORDINANCE NUMBER 96-1011, 126

RECORDED UNDER RECORDING NUMBER 20060614001524, AND ATTACHING 127

THERETO BY OPERATION OF LAW. 128

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EXCEPTING THAT PORTION DESCRIBED IN QUIT CLAIM DEED RECORDED UNDER 130

RECORDING NUMBER 20090807001592. 131

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Resolution No. 3802

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BLOCKS 22 AND 32, SEELEY’S ADDITION TO THE CITY OF DES MOINES 147

“VACATED”, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 4 OF 148

PLATS, PAGE 59, IN KING COUNTY, WASHINGTON; 149

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TOGETHER WITH EAST HALF OF 15

AVENUE SOUTH, ADJOINING SAID BLOCKS 151

22 AND 32, VACATED BY CITY OF SEATAC ORDINANCE NUMBER 96-1011, 152

RECORDED UNDER RECORDING NUMBER 20060614001524, AND ATTACHING 153

THERETO BY OPERATION OF LAW; 154

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AND TOGETHER WITH SOUTH 199

STREET, ADJOINING SAID BLOCKS 22 AND 32, 156

VACATED BY CITY OF SEATAC ORDINANCE NUMBERS 98-1044 AND 96-1011, 157

RECORDED UNDER RECORDING NUMBERS 9904151321 AND 20060614001524, AND 158

ATTACHING THERETO BY OPERATION OF LAW; 159

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AND TOGETHER WITH THE WEST HALF OF ALLEY, ADJOINING SAID BLOCKS 32, 161

VACATED BY CITY OF SEATAC ORDINANCE NUMBER 98-1044, RECORDED UNDER 162

RECORDING NUMBER 990415321, AND ATTACHING THERETO BY OPERATION OF 163

LAW; 164

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EXCEPTING THAT PORTION DESCRIBED IN QUIT CLAIM DEED RECORDED UNDER 166

RECORDING NUMBER 20090807001592. 167

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