2008/05/28 Council Agenda Packet

RESOLUTION No. A Resolution declaring the sale of a certain City-owned'real property located north of Seaway Boulevard and known as Lot 9, Seaway Center Two/Intermec Binding Site Plan, to be in the best interest of the City Whereas, the Everett City Council finds that it is in the best interest of the City to sell the real property legally described in Exhibit A for the purpose of facilitating the Boeing Company's environmental remediation of certain identified impacts on said property and ensuring that responsibility for any remediation of Boeing-related impacts remains with Boeing while obtaining fair market value for said property; and Whereas, between 1998 and 2006, Boeing discovered a release of chlorinated solvents in, on, and/or under Boeing-owned property adjacent to the City-owned Lot 9, legally ti@spribed in Exhibit A, which is the property that is the subject of this Resolution, and Whereas, the impacts migrated from the Boeing-owned property to the adjacent subject property through contaminated groundwater migration and groundwater discharges to a creek on the subject property; and Whereas, in 1997 Boeing entered into an Agreed Order with the Washington State Department of Ecology; and Whereas, Agreed Order Amendments#2 (July 26, 2004) and#3 (July 12, 2006) required investigations of said releases and groundwater/surface water contamination on the Boeing-owned property adjacent to the subject property, as well as an interim action to remediate the source of the groundwater and surface water impacts to both properties; and Whereas, to obtain a No Further Action letter from Ecology, Boeing must conduct certain remediation activities at the subject property and comply with the terms and conditions of the Agreed Order and subsequent amendments; and Whereas, delay in the completion of the remediation prolongs the cloud on title of the subject property's current regulatory cleanup status; and Whereas, the Everett City Council finds that the City is acting in compliance with the City Charter and Ordinance No. 2935-06; a 3 1