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Consent Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Patty Charnas, Director, Department of Community Development(DCD)
David Wayne Johnson, Associate Planner DCD
DATE: October 21, 2019
SUBJECT: CURRENT USE ASSESSMENT - OPEN SPACE/OPEN SPACE. The request is for
classification of 50.66 acres between two(2)separate parcels to be classified as open space/open
space under the current use tax assessment program RCW 84.34. The subject parcels were
acquired to help preserve a wetlands complex and drainage corridor into Mystery Bay,and high
value shoreline bluff important to marine habitat. Both parcels are under a restrictive
conservation easement held by the U.S.Navy that will permanently conserve the property for its
significant habitat and resource value. This process requires public notice with a public hearing
and recommendation by the Jefferson County Hearing Examiner, with an open space tax
agreement signed by the Jefferson County Board of County Commissioners.Applicant/Property
Owner: Jefferson Land Trust- Case #MLA18-00104/CUA18-00001
ATTACHED:
1) Hearing Examiner Report and Recommendation
2) Treasurer's documents certifying Taxes Paid on Real Property
3) Open Space Tax Agreement(in triplicate)
STATEMENT OF ISSUE:
The applicant owns parcels 021333002 and 021333004, sized at approximately 50.66 total acres non-
contiguous but all part of an important wildlife habitat and resource land located on east Marrowstone
Island. The applicant wishes to place all 50.66 acres in current use taxation assessment as Open Space/Open
Space under the provisions of RCW 84.34 and Jefferson County Resolution# 82-91. The Jefferson County
Hearing Examiner rendered a positive recommendation to the Jefferson County Commissioners to reclassify
subject parcels to Open Space/Open Space Current Use Tax Assessment under the Jefferson County Open
Space Tax Program.
ANALYSIS/STRATEGIC GOALS/PROS and CONS:
The Jefferson County Hearing Examiner conducted an Open Record Public Hearing on May 28, 2019
considering the request of the Applicant to transfer 50.66 acres from vacant and forest designated land to
Open Space/Open Space under provisions of RCW 84.34 and Resolution# 82-91. The heart of the analysis
for an application under the Open Space Tax Program is the Public Benefit Rating System. The Hearing
Examiner reviewed the staff report, testimony and the Public Benefit Rating System worksheet and
concurred with the staff evaluation and assignment of 12 points for the public benefit rating, the maximum
number achievable.
Consent Agenda
ALTERNATIVES:
The requested action is a Board of Commissioners legislative action to approve the applicant's request to
transfer and designate 50.66 acres for current use tax assessment as Open Space/Open Space, remand back to
the Hearing Examiner, or deny the application.
FISCAL IMPACT/COST-BENEFIT ANALYSIS:
In exchange for transferring and designating the 50.66 acres for current use assessment, the property owner
will receive a benefit of reduced property taxes; the public will benefit in the long-term open space of the
subject property, by protecting wildlife habitat and preventing the conversion of land to non-open space
uses. The Public Benefit Rating of 12 points provides an assessed property value of approximately 10% less
the assessed value after enrollment in the Open Space/Open Space program.
RECOMMENDATION:
Per the recommendation of the Department of Community Development and the Jefferson County Hearing
Examiner, approval is recommended subject to the applicant's compliance with conditions and entering into
an Open Space Taxation Agreement with the Jefferson County Board of Commissioners and recorded at the
expense of the applicant.
REVIEWED BY:
'41" 67c7r- /13, 2-6)0
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Philip Morley,my Administrator Date
When Recorded Return to:
Jefferson County DCD
621 Sheridan St
Port Townsend, WA 98368
Open Space Taxation Agreement
Chapter 84.34 RCW
(To be used for"Open Space"and"Timber Land"Classification or Reclassification Only)
Property Owner Jefferson Land Trust
Property Address 1033 Lawrence Street,Port Townsend,WA 98368
Legal Description Section 33,Township 30N,Range 1W,WM,LESS PLATTED INC HILLER SP&BETTY
HILLER SP,LOT 4(W OF CO.RD.)&LOT#4(E OF CO.RD.LESS N40', S806'&PT
TAX#20)
All of referenced parcel 021333002 is transfered from Designated Forestland
Assessor's Property Tax Parcel or Account Number 021333002,021333004
Reference Numbers of Documents Assigned or Released N/A
This agreement between Jefferson Land Trust
hereinafter called the"Owner",and Jefferson County
hereinafter called the"Granting Authority".
Whereas,the owner of the above described real property having made application for classification of that property
under the provisions of Chapter 84.34 RCW.And whereas,both the owner and granting authority agree to limit the
use of said property,recognizing that such land has substantial public value as open space and that the preservation
of such land constitutes an important physical,social,esthetic,and economic asset to the public,and both parties
agree that the classification of the property during the life of this agreement shall be for:
® Open Space Land—RCW 84.34.020(1)(a)or(b)
❑ Farm and Agricultural Conservation Land(a sub classification of open space land)—RCW
84.34.020(1)(c)
❑ Timber Land—RCW 84.34.020(3)
Now,therefore,the parties, in consideration of the mutual covenants and conditions set forth herein,do agree as
follows:
1. During the term of this agreement,the land shall be used only in accordance with its classified use.
2. No structures shall be built upon such land except those directly related to,and compatible with,the classified use
of the land.
3. This agreement shall be effective commencing on the date the legislative body receives the signed agreement
from the property owner and shall remain in effect until the property is withdrawn or removed from
classification.
4. This agreement shall apply to the parcels of land described herein and shall be binding upon the heirs,successors
and assignees of the parties hereto.
REV 64 0022(08/02/17) 1
5. A request may be filed with the assessor to withdraw from the program after the land has been classified for 10 or
more years.No 20%penalty will be imposed.The applicable taxes and interest shall be imposed as provided in
RCW 84.34.070.
6. After the effective date of this agreement,any change in use of the land,except through compliance with items
(5),(7),(9),or(10),shall be considered a breach of this agreement,and shall be subject to removal of
classification and liable for additional tax,interest,and penalty as provided in RCW 84.34.080 and RCW
84.34.108.
7. A breach of agreement shall not have occurred and the additional tax shall not be imposed if removal of
classification resulted solely from:
a) Transfer to a governmental entity in exchange for other land located within the State of Washington;
b) A taking through the exercise of the power of eminent domain,or sale or transfer to an entity having the
power in anticipation of the exercise of such power and having manifested its intent in writing or by other
official action;
c) A natural disaster such as a flood,windstorm,earthquake,wildfire or other such calamity rather than by
virtue of the act of the landowner changing the use of such property;
d) Official action by an agency of the State of Washington or by the county or city where the land is located
disallowing the present use of such land
e) Transfer of land to a church when such land would qualify for exemption pursuant to RCW 84.36.020;
f) Acquisition of property interests by state agencies or agencies or organizations qualified under
RCW 84.34.210 and 64.04.130 for the purposes enumerated in those sections(see RCW 84.34.108(6)(0);
g) Removal of land classified as farm and agricultural land under RCW 84.34.020(2)(0;
h) Removal of land from classification after enactment of a statutory exemption that qualifies the land for
exemption and receipt of notice from the owner to remove the land from classification;
i) The creation, sale,or transfer of forestry riparian easements under RCW 76.13.120;
j) The creation,sale,or transfer of a fee interest or a conservation easement of private forest lands within
unconfined channel migration zones or containing critical habitat for threatened or endangered species under
RCW 76.09.040;
k) The sale or transfer of land within two years after the death of the owner of at least a fifty percent interest in
the land if the land has been assessed and valued as forest land under chapter 84.33 RCW,or under chapter
84.34 RCW continuously since 1993.The date of death shown on the death certificate is the date used;or
1) The discovery that the land was classified in error through no fault of the owner.
8. The county assessor may require an owner to submit data relevant to continuing the eligibility of any parcel of
land described in this agreement.
9. The owner may apply for reclassification of the land if reclassification is permissible under RCW 84.34.070.
10. Changes to the conditions of this agreement could result in the re-rating of the parcel by the granting authority,
subject to a public hearing,and may result in a change in assessed value.If the granting authority approves the
changes in conditions,a revised agreement may be required.
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The parcel(s)of land described in this agreement is subject to the following conditions:
Prior to approval,the applicant shall provide certification of"no delinquent property tax"issued by the Jefferson County
Treasurer.
The parcel(s)of land described in this agreement may be used in the following manner:
Grant Deed of Restrictive Easement AFN 620379
The parcel(s)of land described in this agreement may be removed if the land is used in the following manner:
It is declared that this agreement specifies the classification and conditions as provided for in Chapter 84.34 RCW
and the conditions imposed by this Granting Authority. This agreement to tax according to the use of the property
is not a contract and can be annulled or canceled at any time by the Legislature(RCW 84.34.070).
Dated
Signature(s)of County and/or City Legislative Authority
Title
Dated
Signature(s)of County and/or City Legislative Authority
Title
Dated
Signature(s)of County and/or City Legislative Authority
Title
As owner(s)of the herein-described land I/we indicated by my/our signature(s)that I am/we are aware oft e
potential tax liability and hereby accept the classification and conditions of this agreement.
_ Owner(s)
Dated (d124 lc\ (eicH.4K O Tu ac F (cti v t cam
(Must be signed 6y all owners)
Date signed agreement received by Legislative Authority
Prepare in triplicate with one copy to each of the following: Owner,Granting Authority,and County Assessor
To ask about the availability of this publication in an alternate format for the visually impaired,please call 1-800-647-7706.Teletype(TTY)
users may use the Washington Relay Service by calling 711.For assistance,contact your local county assessor's office.
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