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STATE OF WASHINGTON
COUNTY OF JEFFERSON
)
Resolution No.
Resolution Confirming Final Assessment Roll and)
Certifying the Same to the Jefferson County )
Treasurer for Collection, )
REGARDING COUNTRY RIDGE )
ROAD IMPROVEMENT DISTRICT NO.4, )
IMPROVEMENT OF BLUE MOUNT AlN ROAD )
AND COUNTRY RIDGE DRIVE )
IN THE MATTER OF JEFFERSON COUNTY
91-00
WHEREAS, the final assessment roll levying the special assessments against properties
located in Road Improvement District ("RID") No.4 in Jefferson County, Washington
(sometimes the "District"), has been filed with the Clerk of the Board of County Commissioners
as provided by law; and
WHEREAS, notice of the time and place of hearing thereon and making objections and
protests to the roll was duly published at and for the time and in the manner provided by law,
fixing the time and place of hearing thereon for December 11, 2000, at 2:00 p.m., local time, in
the County Commissioners Chambers, located in the Jefferson County Courthouse in Port
Townsend, Washington, and further notice thereof was duly mailed to each property owner
shown on the roll; and
WHEREAS, at the time and place fixed and designated in the notice, the hearing was
convened for the purpose of hearing all persons appearing at the hearing who had filed a written
protest or objection and who wished to be heard, and the Board of County Commissioners sitting
and acting as a Board of Equalization for the purpose of considering the roll and the special
benefits to be received by each lot, parcel and tract of land shown upon such roll, including the
increase and enhancement of the fair market value of each such parcel of land by reason of the
improvement; and the Commissioners have:
(1) Considered the protest of one property owner
(Strick1ands) who suggested possible alternative methods of
assessment affecting certain properties within the RID, including their
own (Parcel 11), to take into account donations of right-of-way and
compensation for right-of-way paid for in other cases; and
(2) Considered the protest of one property owner
(Foley/McIntyre) who asserted that their property (Parcel 18) was
served by Brothers Road rather than Blue Mountain Road, which was
improved by the RID, and that their land was not topographically
Resolution Contïrming Assessments
50219178.01
suited for access to Blue Mountain Road in spite of having 600 feet of
frontage thereon, and that their property was not benefited by the Blue
Mountain Road improvements; and
WHEREAS, the hearing which was properly convened on December 11, 2000, was duly
continued that day to reconvene on December 18, again in the County Commissioners'
Chambers, and after deliberation and discussion was that day finally adjourned;
Being fully informed, after due consideration,
NOW, THEREFORE, BE IT RESOLVED as follows:
Section 1. The Findings and Conclusions set forth in Exhibit A should be and are
adopted and approved. All protests to assessments in RID No.4 should be and are overruled.
Section 2. The assessments and assessment roll of RID No.4, which has been created
and established for the purpose of improving Blue Mountain Road and Country Ridge Drive
within the District, as provided by Resolution No. 101-97, as the same now stand, shall be and
the same are approved and confirmed in all things and respects in the total amount of
$78,431.00.
Section 3. Each of the lots, tracts, parcels of land and other property shown upon the
assessment roll is determined and declared to be specially benefited by this improvement in at
least the amount charged against the same, and the assessment appearing against the same is in
proportion to the several assessments appearing upon the roll. There is levied and assessed
against each lot, tract, parcel of land and other property appearing upon the roll the amount
finally charged against the same thereon.
Section 4. The assessment roll as approved and confirmed shall be filed with the
County Treasurer for collection and she is authorized and directed to publish notice as required by
law stating that the roll is in her hands for collection and that payment of any assessment thereon
or any portion of such assessment can be made at any time within thirty days from the date of first
publication of such notice without penalty, interest or cost, and that thereafter the sum remaining
unpaid may be paid in ten (10) equal annual installments. The interest rate on the installments of
assessments shall be fixed and established by future resolution of the Board.
The first installment of assessments shall become due and payable during the thirty-day
period succeeding the date one year after the date of first publication by the County Treasurer of
notice that the assessment roll is in her hands for collection and annually thereafter each
succeeding installment shall become due and payable in like manner. If the whole or any portion
of the assessment remains unpaid after the initial thirty-day period, interest upon the whole unpaid
sum shall be charged at the rate to be established, and each year thereafter one of the installments,
together with interest due on the unpaid balance, shall be collected. Any installment not paid prior
to the expiration of the annual thirty-day period during which such installment is due and payable
shall thereupon become delinquent. Each delinquent installment shall be subject, at the time of
delinquency, to a charge of 12% penalty levied on both principal and interest due upon that
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Resolution Confiming Assessments
5021~178.02
EXHIBIT A
FINDINGS
1. By Resolution No. 101-97, the Board of County Commissioners of Jefferson
County, Washington (the "County"), after proper notice and hearing, created Road Improvement
District No.4 (the "RID"), to provide for the improvement of Blue Mountain Road and Country
Ridge Drive.
2.
The total cost ofthe project to be assessed is $78,431.00 (Project Cost).
3. Without the improvements constructed pursuant to the RID, the properties within
the RID would be without adequate sand safe access. With these improvements, the property
may be fully utilized for lawfully permitted purposes.
4. The hearing on the RID assessment roll was commenced at 2 p.m. on
December 11, 2000, in the County Commissioners Chambers by President Wojt after proper
notice. Following the testimony of Will Butterfield, Right of Way Representative, the Board of
County Commissioners considered protests presented by property owners.
5. Only two written protests were received by the County at or before the hearing.
Those protest letters were received by the County Commissioners and admitted into the record
along with other exhibits introduced by the County and owners. No protest was supported by
competent appraisal evidence addressing and comparing the fair market values of either of the
properties at their highest and best use before and after, or with and without, the improvements
on Blue Mountain Road. Nonetheless, the Commissioners addressed each of the protests as
follows:
5.1 Parcel 11 (Strickland). By correspondence dated December 4,
2000, received by the County prior to the hearing, James 1. and Sue W.
Strickland expressed dissatisfaction with the manner in which assessment
amounts were determined for their property and other properties within the
District, asserting that consideration should have been given to donations of
right-of-way and compensation paid for right-of-way, among other things,
inserting the assessments. Neither of the Strick1ands appeared at the hearing or
offered any testimony.
5.2 Parcel 18 (Fo1ey/McIntyre). By correspondence dated
November 25, 2000, and received by the County prior to the hearing, Virginia
McIntyre on behalf of herself and Tom Foley, asserted that they intended to
contest the authority of the County to assess their property for special benefits in
connection with the Blue Mountain Road improvements constructed in the RID,
and referred to the County's assessment method as "overly simplistic." Primary
access to their property by way of Brothers Road rather than Blue Mountain
50219178.01
Road was noted in the letter, which also stated that topography prevented
economical or feasible access to Blue Mountain Road from the residence on the
property.
At the hearing, both Tom Foley and Virginia McIntyre appeared and
were heard to repeat the assertions made in their letter, among other things.
They also presented the testimony and report dated December 9, 2000, of
Ralph Ericksen, a licensed residential real estate appraiser, of Consultants NW
in Port Townsend, Washington. Nowhere in either the report or testimony of
Mr. Ericksen is any evidence presented regarding his opinion with respect to
establishing and comparing fair market values of Parcel 18, before and after or
with and without road improvements. He presented no evidence of ever having
been qualified as an expert in the field of real estate appraisal in the Superior
Courts of the State of Washington. The information presented by Mr. Erickesn
with respect to prior sales of property in the vicinity of Tract 18 and in other
places nearly 10 years before and more recently is not material to the values of
Tract 18 before and after the improvements to Blue Mountain Road.
6. The improvements were necessary and proper for purposes of providing safe and
adequate access to serve the properties within the RID.
8. The assessments in RID No.4 allocating the Project Cost are uniform and ratable
for all properties within the RID. The assessments are on a "per lot or tract" basis. This
assessment methodology is the fairest and most appropriate methodology for this RID and the
properties therein.
CONCLUSIONS
1.
All properties benefited by the improvements are included in the RID.
2. All the properties within the RID are specially benefited in at least the amount
each is assessed.
3. The assessment methodology employed by the County is fair, equitable and
ratable, and it is the most appropriate means of assessing the properties included in the RID.
4. The protests to the assessment roll should be overruled as not successfully
challenging the special benefits to the affected properties set forth herein. The legal
presumptions enjoyed by the County as described in City of Seattle v. Rogers Clothing, 114
Wash. 2d 213, 787 P.2d 39, 48 (Wash. 1990) have not been rebutted and they prevail. Having
considered the protests, the Board finds no basis for modifying the assessments set out on the
final roll.
50219178.02
installment, and all delinquent installments also shall be charged interest at the rate above. The
collection of such delinquent installments will be enforced in the manner provided by law.
Assessments when collected shall be deposited into such proper fund of the County as the
Board may hereafter designate by resolution.
Section 5. This resolution shall be effective immediately upon its passage and adoption.
PASSED AND ~PTED By the Board of County Commissioners of Jefferson County,
Washington. THIS £ DAY OF DECEMBER, 2000.
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JEFFERSON COUNTY
BOARD OF COMMISSIONERS
SEAL:
chard Wojt, Chairman
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Lorna 1. Delaney 0
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Dan Harpole, M er "
- 3-
Resolution Confirming Assessments
50219178.02
CER TIFICA nON
I, the undersigned, Clerk of the Board of County Commissioners of Jefferson County,
Washington, hereby certify as follows:
1. The attached copy of Resolution No. q j-C{) (the "Resolution") is a full, true and
correct copy of a resolution duly adopted at a regular meeting of the Board of County
Commissioner~of Jefferson County, Washington, at the regular meeting place thereof on
December ~ 2000 as that resolution appears on the minute book of the Commission and the
Resolution is now in full force and effect; and
2. A quorum of the members of the Commission was present throughout the meeting
and a majority of those members present voted in the proper manner for the passage of the
Resolution.
4L.
IN WITNESS WHEREOF, I have hereunto set my hand this lK day of December, 2000.
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Lorna 1. Delaney, Clerk of the Board
50219178.01
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.~ ~J. FINAL ASSESSMENT ROLL
JEFFERSON COUNTY ROAD IMPROVEMENT DISTRICT NO.
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COUNTY ROAD ENGINEER'S CERTIFICATE
To the Honorable Board of County Commissioners
of Jefferson County, Washington.
Complying with Resollltion No 101-97, being a resolution creating Jefferson County Country Ridge Road
Improvement District No.4, I have prepared the following Final Assessment Roll in accordance with
Rf',sollJtion No R9-00 and Chapter 192, Laws of Washington, 1951. I find the actual amount ofthe cost of
said Improvement to be assessed against the property benefited, in accordance with the provisions of
Paragraph 1 ResollJtion No R9-00 is the sum of Sf',venty Fight Thousand FOllT Hundred Thirty One
Dollars ($ 7R,4i 1 00) and that the same amount is equitably apportioned in the within roll to the property
therein described according to the benefits resulting from said improvements to each lot, tract, piece or
parcel thereof, as set opposite each of said tract respectively in the column marked "Amount of
Assessment," certifying that this Assessment Roll, consisting of data processing print out sheets, is a true
and correct final assessment roll of aforesaid improvement.
I herewith transmit this roll for equalization and confirmation.
Respectfully,
Dated: DEt!éIVlßlE£
18M:, 2000
~o,~.
County Road Engineer of Jefferson County
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CERTIFICATE OF BOARD OF COUNTY COMMISSIONERS
This is to certify that this final assessment roll for Jefferson County Road Improvement District No 4 was
duly confinned by the Board of County Commissioners of Jefferson County, Washington, on the l8íh day
of Decem her, 7000.
BYV~
DEPUTY /
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Jefferson, Washington,k? -..;:þ:2 , 2000
To the County Treasurer of Jefferson County, Washington.
I herewith hand you Final Assessment Roll of Jefferson County Road Improvement District No 4 for
collection by you in accordance with County Commissioners Resolution No. 91-00 and the laws ofthe
State of Washington.
rid\fonns\finalrol
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Clerk of the Board of County Commissioners \~ -
BYV~~
DEPUTY I
PARCEL NO
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JEFFERSON COUNTY
ASSESSMENT ROLL
December 11, 2000
DESCR,IPT 2
LOT 1 SURVEY V1 0/P176
, LO'f2S11RVEYV10/P176
LOT 3 SURVEY V1 0/P176
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LÒT4.SURVEY V10/P176
LOT 5 SURVEY V1 O/P176
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LOT.6_SUFWEYY10/P176u
LOT 7 SURVEY V1 0/P176
l.ÓT 8 SURVEYV10/Pr{6
LOT 9 SURVEY V1 0/P176
LOT 10 SURV¡::Y V1 D/P-U6
LOT 11 SURVEY V1 0/P176
LOT13 SljRVEYY10/P176'
LOT 14 SURVEY V10/P176
LOT 15 SLJRVEYV10/P176 ,,',,:
LOT 18(ENLG BY TX 35)
¡ LOT 19(ENLG BY TX 31)
PARCEL 21VOL 13/P127
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PARCEL 26VOL,13/P127 ,,"
NAME
LEIDER CLIFFORD L
STÅMPEFr;-BEN .y""""
BARNICK JEFF W
" "
BAUMANHARLAN" ",'
THACKER DANIEL B
SHERRED_ÇHARLE:? "
MC DANIEL BOBBY L
, " .
THURBERGARY:.S '",
ROBINSON BRIAN R
DUKEK.RUSSELL ,,-,,'-
STRICKLAND JAMES L
""'~QBBINS HOWARD B
HENDY PAUL L
HOCKADAY STEPHçN
MC INTYRE VIRGINIA R
-IMILLER MELVIN E' . ","
GALE JAMES E
..!GALE' DAVID.'?"
ADDRS1
¡SARAH (3 SJÅf\¡1PER
SALLY A BARNICK
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DONNA DANA<..~'"
KIF M THACKER
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""'" WANDASHERRED
m_'u_--"".., .._" 'U"m,,_-
MARILYNN J MC DANIEL
",,".lsHIELAJTHURBER .:--:
LINDA P ROBINSON
TERESA DUKEK " "
SUE W STRICKLAND
KIMBERLEY ROBBINS
CATHERINE C HENDY
ADDRS2
4235 Eaglem~untRd
J PO BOX-2B3- '" ""'" '" ",,'
13131 DOGWOOD PL NW
3868REDWING TRLNW '"
65 COUNTRY RIDGE DR
165CÖUNTRY RID<SE:DR
108 HEDGEWOOD DR
15212PUMPHREY DRIVE:..
4728 125TH AVE SE
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212COUNTRV RIDGE DR '"
651 ALFORD PL NW
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1726 33RD ' ',' ,
374 BLUE MOUNTAIN RD
2023 SIMSWAY #273
134 BROTHERS RD
'2141399TH AVE S
928 S 170TH ST
516 BLUE MOUNTAIN RD..
CITY
CHIMACUM
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POULSBO
EtR_EM ERTO N
CHIMACUM
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LEXINGTON
FÁIRF~c~
BELLEVUE
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BAINBRIDGE
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CHIMACUM
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STATE ZIP ASSESSMENT
WA 983258760 $4,357
WA 983i6;.:--~ ;~.~~$4;357 -- ,"
WA 98370~1§.~ Æ<4.!357
IWA98312T: - "" ,," .:$4,957
WA 9832!:j"" .'" $4,357
WA 98~~§.L- ""1,t3$7"
TN 383::;1 " $4,357
VA 24003., .---$41~6Z~-
W A. 9809~?~?3 "'. $4,.:3.?7'
-IWA . 98325._m- :.--i~l~~_.
WA ,," ~~11i>E~4 ..$4,3?7' .
WA - gá'1g~fl3_3þ~, ',' $4;357~:, ,
WA 98325 $4,357
'!WA." ,,~836§2' ,.,,$4,3§t;~¡.
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WA 98148 $4,357
IWA 98325¿I.,,: $4,357'
JEFFERSON COUNTY
DEPARTMENT OF PUBLIC WORKS
P.O. Box 2070
1322 Washington S1.
Port Townsend, WA 98368
(360) 385-9160
Gary A. Rowe, RE., Public Works Director/County Engineer
December 14, 2000
COUNTRY RIDGE ROAD IMPROVEMENT DISTRICT NO.4
FINAL ASSESSMENT ROLL OPTIONS:
1. No Change to the Assessment Roll as submitted based on the following findings and
conclusions.
A. The Board recognizes the presumption that a road improvement benefits all property with the
RID and the RID was initiated by a majority of property owners within the district and the Board
acted properly and legally.
B. Other property owners have already absorbed a portion of the Assessment reduction through the
in the reduction of assessable parcels from 19 to 18.
C. The appraisal evidence submitted was unsuccessful in establishing a fair market value for the
subject property either before or after the completion of the project. Therefore, the appeal failed in
its attempt to present expert appraisal evidence of values and benefits necessary to rebut the
presumption that a road improvement benefits the subject property within the RID.
2. Reduction of Track 18 Assessment based on the following information:
A. The Board recognizes the presumption that the road improvement benefits all property within
the RID and the RID was initiated by a majority of property owners within the district and the
Board acted properly and legally. Evidence was provided at the final assessment roll hearing that
the primary access to Tract 18 lies outside of the RID and given the economic impracticality of
constructing an access to Blue Mountain Road from Tract 18, the Board finds the special benefit is
diminished from the level of special benefits enjoyed by the majority of the parcels within the
District. Therefore, the Board of County Commissioners does hereby reduce the special benefit
assessment for the FoleylMcIntyre Parcel, Tract 18 to . The expense of said
reduction to be paid out of the General Fund of Jefferson County.
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FOSTER PEPPER & SHEFELMAN PLLC
ATTORNEYS AT LAW
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December 18, 20IDWARD lV- C;r¡¡'1¡~' I~~';~'~i':";- -,
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VIA E-MAIL
Hon. Richard Wojt, Chainnan
Board of County Commissioenrs
Jefferson County Courthouse
1820 Jefferson Street
Port Townsend, W A 98368
Re:
Jefferson County, Washington
Road hnprovement District No.4, Confinnation of Assessments
Dear Richard:
Earlier today, Will Butterfield infonned me that the Commissioners had
detennined to confinn the assessments in the referenced RID without change, and
that the hearing was finally concluded. '
Accordingly, you will find enclosed the completed resolution confinning
assessments similar in fOnD to the draft submitted under my letter of December 5,
accompanied by Findings and Conclusions, which are a part of the resolution.
Action may be taken on the resolution at your meeting today if you wish to do so.
In my letter of December 5, reference was made at the top of page 3, to the
process by which a property owner may appeal to the Superior Court fÌom a
resolution confinning an assessment levied by a Board of County Commissioners in
an RID. A very short time is pennitted to accomplish a number of things required of
the property owner by law. One requirement is that an assessment transcript
prepared and certified by the County be provided upon request and payment therefor
at a rate of $0.50 per page. That transcript should consist of the following:
.
all exhibits admitted at the hearing;
50222020,01
Direct Phone
(206) 447-8968
Direct Facsimile
(206) 749-2025
E-Mail
voorl@roster.corn
Irrr THIRD
AVENUE
Suite 34°°
SEATTLE
Washington
98ror-3299
Telephone
(206)447-4400
Facsimile
(206)447"9700
Website
WWW.FOSTER.COM
^NÇHORAG£
Alaska
¡,.LLEVU£
Washington
PORTLAND
Oregon
SEATTLE
Washington
SPO~^N£
Washington
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Hon. Richard Wojt
December 18, 2000
Page 2
. minutes of both the original hearing session and the continuation thereof;
.
the resolution confinning assessments; and
.
a certificate by the Clerk of the Board.
In the event a notice of appeal is filed with the County in the days ahead by either of the property
owners who have submitted written objections, I would appreciate being infonned as soon as
possible, and furnished a copy of the appeal notice. This will enable me to work with Will
Butterfield and Lorna Delaney in assembling transcript material and preparing a proper fonn of
certificate. It is important that the appellants not be delayed in obtaining the transcript.
As always, please call whenever there are questions, or if you believe we might be of
assistance. With best wishes for the holidays,
Sincerely,
F~EPPFR & SHEFELMAN PLLC
Lee Voorhees
cc:
Hon. Dan Harpole
Hon. Glen Huntingford
Hon. Judi Morris
Charles Sadler
Lorna Delaney
Gary Rowe
Will Butterfield
50222020.01