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HomeMy WebLinkAboutLand Conservation Agreement 208628 • \i cF� r M . ,i C rn n� LAND CONSERVATION AGREEMENT . c� THIS AGREEMENT, made and entered into this 25th. day of January , ' 19 71 , by and between Norman. J. Walton 2518 North Wycoff, Bremert , Washington and Jefferson County. Property r)Psr-rip-ion_ - Section 10. South Half of Northwest Quarter of the Southeast Quarter, Township 25 North, Range 2 West, W. M. hereinafter called "OWNER" and the CITY of / Jefferson COUNTY, W I T N E S S E T H : WHEREAS, OWNER possesses certain real property located within the City of - / Jefferson County, described as shown in Exhibit "A", attached hereto, which has been designated as either open space land, farm and agricul- tural land or timber land, by the appropriate legislative body; and WHEREAS, both OWNER and CITY/COUNTY 'desire to limit the use of said property in order to discourage premature and unnecessary conversion of such land to urban use, 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 CITY/COUNTY, and both parties 'having determined that the ,highest and best use of such land during the life of the within contract is for Forest crops purposes. NOW, THEREF€L.3, the parties, in consideration of the mutual covenants and con- ditions set forth herein and the substantial public benefits to be derived therefrom, do agree as follows: 1. Authority: This Agreement is made under authority of the Open Space , Taxation Act of 1970. RCW 84.34. 2. Limitation on Land Use: During the term of this Agreement, the above- ' .described land shall only be used in accordance with the preservation of its present use as described in Exhibit "B". No structures shall be erected upon such land except those directly related to, and compatible with the present use of the land, and except those residence buildings for such individuals as are engaged in the care, use, operation or management of said land. Compatible land use shall include but not be limited to: A. Public Utility electric, gas, water, sewer, oil, and communication lines, both overhead and underground. 8. Communication equipment buildings and distribution substations. C. Public Utility substations and service yards. ' -20- r i • - • 3. Conditions : A. The assessor is authorized to require reports from classified land owners . If the owner fails to return a report, within ninety days , the assessor may declare the Agreement in breach, and invoxe°all penalties provided in Section 7. B. This Agreement shall be subject to any and all conditions in-' eluded in Exhibit "B" which shall be attached to this Agreement . 4. E anent Domain: Wien any permissible action in eminent domain for the condemnation of the fee title of the land under agreement is filed or when Such land is acquired as a result of a sale to a public body, this Agreement shall be null and void as of the date the action is filed and thereafter the Agreement shall not be binding on any party to it. OWNER shall be entitled to such compensation for such land as he would have received if this Agreement had never been executed. C:iNEsR' shall not be subject to any penalty for termination of the Agreement. • 5. Leneth of Agreement: This Agreement shall be effective commencing on the date the legislative body receives the signed application from the applicant, and shall remain in effect for a period of at least ten (10) years therefrom. However, the State retains the right to terminate the Agreement at any time in which event no penalty shall be imposed. 6. Withdrawal : The classified land owner may withdraw from this Agree- . ment if after a period of seven years the applicant makes a with- drawal request to the assessor. Three years from the date of that request the assessor shall withdraw the land from the classification. A request for withdrawal shall be irrevocable. The withdrawal fee shall be a sum equal to the tax saving for each and every year this Agreement has been in effect subject to a maximum period of seven years figured backward from date of with- drawal , with interest thereon from the dates such tax could have been paid without penalty if the land were not specially classified, at the rate charged on delinquent property taxes. The tax saving for a'particular year shall be calculated as the difference between the market value assessment and the current use assessment. 7. Breach: After land has received special classification any change of the use of the land, except through compliance with section 6 of this Agreement, or except as provided in Section 4 of this Agreement, shall be considered a breach of this Agreement. Penalties imposed for a breach shall be: A. An amount equal to the difference between the market value assess- nent and the current use assessment for each and every year this Agreement has been in effect, subject to a maximum period of twenty years for timber lands and fourteen years for all other land, figured backward from the date of the breach; plus B. An amount equal to twenty percent of the amount determined in subsection A of this section; plus -21- VOL 25 95 I , _ • C. Interest upon the amounts described in subsection A and B of this Section from the date the amount. in subsection A could have been paid Ii : M t penalty if the land had not been specially classified. The interest shall be charged at the same rate charged on delinquent property taxes. 8. Assessor 's Report : The COUNTY Assessor shall annually, during the continuation cf this 4greement, report to the COUNTY Treasurer both the market value assessment and the current use assessment, and shall report to the' owner any change in either of these assessment values . 9. Payment : OWNE2 shal 1 not receive any payment from CITY/COUNTY in consideration of the :hligations imposed hereunder, it being recog- nized and agrc• .1 ; :he consideration for the execution of the within agreement is the substantial public benefit to be derived therefrom and the adl'antage which might accrue to OWNER as the result of possible reduction in the assessed value of said property due to the imposition of the limitations on its use contained herein, as such factors are relevant to appraising and assessing standards under the Washington Constitution and RCW B4.34, and all rules and regulations as established by the Department of Revenue. 10. Running with Land: This Agreement shall run with the land described above and shall be binding upon the heirs, successors and assigns of the parties hereto; Except that the provisions of Section 7 shall not apply in the event that the change in use results from the sale of land classified under this Act within two •years after the death of the owner of at least fifty percent of such land. 11. Compatible Uses : As used in this Agreement, the term "Compatible Uses" shall mean: (1) • The cultivation of ground, including the preparation of soil , planting or seeding and the raising and harvesting of trees , timber, fruits , vegetables , flowers , grains, and other crops; ' e the raising, feeding, managing and breeding of livestock, • poultry, fish, birds and other animals; greenhouses ; the exca- vation of earth and the drilling of wells exclusively for . agricultural and domestic uses; single family dwellings for persons who labor full time on such land, together with barns, corrals and other outbuildings and structures accessory to the foregoing. The sale on the premises of products produced there- on. The appurtenances necessary to the production, packing, storing, processing, preparation or sale of the agricultural products grown on the land. VCc. 25 "He r I A6... ' ... , . aicita ---. . r • I . 0_,,,,,0 oAtet---- , OWNER ;,' Norman J. Walton Address: _-_. -�. (Attach Acknowledgment for each signature) STATE OF WASHINGTON 1 ss. County of Kit sap t On this 24th day of April , A. D. 19 71 , before me, the undersigned, a Notary I Public in and for the State of Washington , duly commissioned and sworn personally appeared Norman J. Walton to me known to be the individual described in and who executed the foregoing instrument, and acknowledged to me that he signed and sealed the said instrument as h_iS free and voluntary act a.nd deed for the uses and purposes therein mentioned. WITNESS my hand and official seal hereto affixed the day is certific e above w ten. Notary Public in and for the State of Washington D,-v,+ n,ro„l.,nr,A i f STATE OF WASHINGTON ss. County of Kitsap On this 24th day of April. , A. D. 19 71 ,before me, the undersigned, a Notary Public in and for the State of Washington , duly commissioned and sworn personally appeared David A. Walton to me known to be the individual_ described in and who executed the foregoing instrument, and acknowledged to me that he—.signed and sealed the said instrument as his free and voluntary act and deed for the uses and purposes therein mentioned. WITNESS my hand and official seal hereto affixed the day an ' this certific e above wr' n. � Notary Public in and•for the Stat of T ashin ton VGi � ;;k,�r =a Port Orchard residing at (Acknowledgment by Individual. Washington Title Insurance Company. Form L 28) ,..a a4-4\.4 t u/UiJo W. '•/i" & "Li") • -23I- I I 2518 North Wycoff, Bremerton, Washington, April 27, 1971 Re : "Open Space" Agreement fee Mr. Jim Sofie, County Assessor, Jefferson County Court House, Port Townsend, Washington. 98368 In compliance with your request, I mailed 050 along with the signed "Open Space" Agreement to the County Treasurer' s office on April 15. However, the original instructions we received indicated the additional fee was $40. Would you please check this to see which is correct? Sincerely yours, /7'1 /,/2.2_v,/'/1-2,)-ii ii,y, .7./(2. .(t-,..., Mre. Norman J. Walton. ASSES i,_ i LRS N. CO a Port Townsend, Mash MEMO: Mrs. Norman J. Walton Re: S1/2 NW% SE%, Section 10, Township 25 North, Range 2 West. In reference to your question above. The fee is $50. Enclosed, for your information is a copy of Resolution No. 45-70 of the Board of County Commissioners pertaining. You are hereby informed, the Approved Agreement has been recorded in the office of the Jefferson .County Auditor. Assessment on land covered by the agreement for 1972 'tax purposes will be at $20 per acre=$400.00; and second growth timber at $11 per acreo$220.00 --Total assessed valuation $620. Appraised value for other than Timber Land use is placed at $300 per acre, or $6000. and for deferred tax purposes, assesed valuation at $3000. If there are any further questions please feel free to contact this office. ,Yours very truly, Jim Sofie, Jefferson County Assessor JS/ae encl. ASSESSOR ,rir OF JEFFERSON COUNTY PORT TOWNSEND, WASHINGTON . ' nI sad ' F 'y 3+. k # r. - 1 # Mocccxc: December 30, 1970 TO: Honorable Board of Jefferson County Commissioners Subject: Application for Land Classification Under RCW 84.34 Timber Land Current Use Assessment. 1. In accordance with Open Space Taxation Act Rules, submitted herewith is application of Mr. Norman J. Walton for your don- sideration. 2. Receipt for filing fee in the amount of $25.00 is attached. Respectfully, / te:--Pvi --toSf--""---cc...' / Jim Sofie Jefferson County Assessor 1 1 A • FOR ASSESSORS USE ONLY File in Triplicate No. 1 - Legislative Body Received by County Assessor No. 2 - Assessor Date Dec. 29, 10 '0 No. 3 - Applicant Amount of Fee r 25.00 Transmitted to .TPf fPrs nn County Treasurer Date of Transmittal 1 2_29_70 APPLICATION FOR LAND CLASSIFICATION UNDER RCW 84.34 OPEN SPACE, AGRICULTURAL OR TIMBER LANDS CURRENT USE ASSESSMENT Name of Applicant NORMAN J . WALTON Address 9518 NO WYCOFF BREMERTON, WASHINGTON 9R31 tl Property Location SECTION 10 SOUTH HALF OF NORTHWEST QUARTER OF SOEJTHFAcT QUARTER TOWNSHIP 25 NORTH, RANGE 2 WESTT—W.M. Interest in Property: Fee Owner YES Contract Purchaser Other (Describe Interest) Legal description of land to be classified: (Include map of property showing location on all improvements) SECTION 10, SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER TOWNSHIP 95 NORTH, RANGF 9 WFST, W.M. This application may cover more than one parcel, and/or land on which appurtenances neces- sary to the production, preparation or sale of the agricultural products exist in conjunc- tion with the lands producing such products and/or parcels of one to five acres, which are not contiguous but which otherwise constitute an integral part of the farming operation. Lands with current use of (1) open space, (2) farm and agricultural, or (3) timber land may be listed on the same application but a legal description must be shown for each classification. Total acres in classification request 20 Is the land subject to lease or option or other agreement which permits any other use than its present use? Yes No X (Attach copy of lease or option or other agreement) Describe completely the current use of each parcel of land in classification request TTMRFR LAND Describe all present improvements (Buildings, etc. ) NONE PLEASE NOTE THAT THIS PARCEL DOES NOT FRONT ON HIGHWAY 101 . -1- If application is made for farm and agricultural classification, check which of the foalow- •, ing categories apply: A. Farm and agricultural lands of twenty (20) or more acres. B. Farm and agricultural lands of five (5) or more acres but less than twenty (20) acres. Lands which are in category B must have produced a gross income of $100 or more per acre per year for three of the last five calendar years. Attach documenta- tion showing the land has achieved this production level. C. Farm and agricultural lands of less than five (5) acres. Lands which are in category C must have produced a gross income of $1,000 or more per year for three of the last five calendar years. Attach documentation showing the land has achieved this production level. I declare under the penalties for perjury that this application and any attached documents have been examined by me, and to the best of my knowledge constitute a true, correct, and complete statement. I hereby agree to furnish such additional information as may be required by the Legislative Body concerning the current use of the land to be classified. r(s) or Contract rch (s) Subscribed and sworn before me is day7of, 19 4*61.1 No ary Pub c i a r or the State of ,O7( Residing a FOR GRANTING AUTHORITY USE ONLY Date Received By Amount of Application Fee Application for Classification: Approved ; Approved in Part ; Denied Owner Notified of Denial on Agreement Executed and Mailed to Owner on Land Areas Approved for Classification: Conditions Imposed: Signed Agreement Received from Property Owner on Agreement Transmitted to Assessor on Signature of Granting Authority -2- Department of Revenue PTF 80 For growing Forest crops only. Exhibit " B " 1 DISTRIBUTION GENERAL RECEIPT 119 7704 State General _------�$ State School ----- OFFICE O F State Pk. Pkways-- — JEFFERSON COUNTY TREASURER St. School Equal. ---- - ------ PORT T O W N S E N D, WASH. St. Hy. Safety - -- State Game --_-- State Fisheries_------- fi/ �`� E : i RECEIVEDa.)------� Sale Co. Prop. ------— — DOLLARS J. P. Casts_--- / County Road - 11/ ...ad' - ��� S. D. No. Gen. --— FOR �� Inst7ltute � / , � di Law I tbra2y -' -V �,�/� /� City of P. T. / / _" Port of P. T. P.U.D. No. 1 --- - eeed Fee __—_---— - - mipment Rental — Cash_----- $------- TREASURER OF JEFFERSON COUNTY 3. Hospital — Check----$ ---- / T // se Tax — — — ,V/�G/��%r' M. O. -- $ LGz� P. Clearing — Draft — $------ BY DEPUTY TREASURER --- -- Receipt --$ — 3,000-6/68—Leader Co. -- — Warrant —$ — s ASSESSOR OF JEFFERSON COUNTY PORT TOWNSEND, WASHINGTON k � April 28, 1971 TO: Jefferson County Auditor SUBJECT: Recording of Classified Land under Provisions of RCW 84.34. Herewith is approved Application of Norman J. Walton for recording in accordance with par.- 3, RCW 84.34.050. ,...-- klk-/ Jim Sofie Jefferson County Assessor JS/ae k • • WAL4fER A, KELLY A. M. O'MEARA GEOROE HUNTINORORD CHAIRMAN MEMBER MUMMER 1:41gb".-1°-_,44:31) Board of Jefferson County Commissioners a ' ,,, COURTHOUSE a$ Ir PORT TOWNSEND, WASHINOTON 98369 Ras ' � February 10, 1971 :.::�,;�.•""w":�.._. . " _ sad Norman J. Walton 2518 No. Wycoff Bremerton, Washington 98310 Dear Mr. Walton, This Agreement is authorized by the Jefferson County Board of Commissioners in regard to Land Conservation. Please read the Agreement thoroughly. If you wish to comply with the stipulations therein, please write your signature on the line above your name on the last page of the Agreement, retain one copy for your files and return the other two signed copies to the Board of Commissioners. If you have any questions, please feel free to call the Auditor's Office, or Jim Sofie, County Assessor. Sincerely, c)*i_ta,6 A. M. O'Meara, Chairman AO/jb 1 `,. . 1 • • • • , LAND CONSERVATION AGREEMENT . THIS AGREEMENT, made and entered into this 10th. day of February 19 71 , by and between Norman J. Walton, 2518 No. Wycoff, Bre me rton, Wash.- ington and Jefferson County. hereinafter called "OWNER" and the CITY of / Jefferson COUNTY, W I T N E S S E T H : WHEREAS, OWNER possesses certain real property located within the City of / Jefferson County, described as shown in Exhibit "A", attached hereto, which has been designated as either open space land, farm and agricul- tural land or timber land, by the appropriate legislative body; and WHEREAS, both OWNER and CITY/OOUNTY •desire to limit the use of said property in order to discourage premature and unnecessary conversion of such land to urban use, recognizing that such land has substantial public value as open space and that. the preservation of such land constitutes an important physical, s social , esthetic, and economic asset to CITY/COUNTY, and both parties 'having determined that the highest and best use of such land during the life of the within contract is for . Timber purposes. • NOW, THEREFOw3, the parties, in consideration of the mutual covenants and con- ditions sot forth herein and the substantial public benefits to be derived therefrom, do agree as follows: 1. Authority: This Agreement is made under authority of the Open Space Taxation Act of 1970. RCW 84.34. 2. Limitation on Land Use: During the term of this Agreement, the above- described land shall only be used in accordance with the preservation of its present use as described in Exhibit "B". No structures shall be erected upon such land except those directly related to, and compatible with the present use of the land, and except those residence buildings for such individuals as are engaged in the care, use, operation or management of said land. Compatible land • use. shall include but not be limited to: • A. Public Utility electric, gas, water, sewer, oil, and communication lines, both overhead and underground. B. Communication equipment buildings and distribution substations. C. Public Utility substations and service yards. • ' -20- . , • 3. Conditions : A. The assessor is authorized to require reports from classified land owners. If the owner fails to return a report within ninety days , the assessor may declare the Agreement in breach, and invoke' all penalties provided in Section 7. B. This Agreement shall be subject to any and all conditions in-' eluded in Exhibit "B" which shall be attached to this Agreement. 4. r a rent Domain: When any permissible action in eminent domain for the condemnation of the fee title of the land under agreement is • riled or when such land is acquired as a result of a sale to a public body, this Agreement shall be null and void as of the date the action is filed and thereafter the Agreement shall not be binding on any party to it. O'YJN8,R shall be entitled to such compensation for such land as he would have received if this Agreement had never been executed. OWNSR' shall not be subject to any penalty for termination of the Agreement. • 5. Lencth of Agreement: This Agreement shall be effective commencing on the date the legislative body receives the signed application from the applicant, and shall remain in effect for a period of at least ten (10) years therefrom. However, the State retains the right to terminate the Agreement at any time in which event no penalty shall be imposed. • 6. 6•?ithdravial : The classified land owner may withdraw from this Agree- ment if after a period of seven years the applicant makes a with- drawal request to the assessor. Three years from the date of that request the assessor shall withdraw the land from the classification. A request for withdrawal shall be irrevocable. The withdrawal fee shall be a sum equal to the tax saving for each and every year this Agreement has been in effect subject to a maximum period of seven years figured backward from date of with- drawal , with interest thereon from the dates such tax could have been paid without penalty if the land were not specially classified, at the rate charged on delinquent property taxes. The tax saving for a'particular year shall be calculated as the difference between fl • the market value assessment and the current use assessment. 7. Breach: After land has received special classification any change of the use of the land, except through compliance with section 6 of this Agreement, or except as provided in Section 4 of this Agreement, shall be considered a breach of this Agreement. Penalties imposed for a breach shall be: A. Am amount equal to the difference between the market value assess- . L:e nt and the current use assessment for each and every year this Agreement has been in effect, subject to a maximum period of twenty years for timber lands and fourteen years for all other land, figured backward from the date of the breach; plus B. An amount equal to twenty percent of the amount determined in subsection .A of this section; plus -21- C. Interest upon the amounts described in subsection A and 8 of this Section from the date the amount. in subsection A could have been paid ai ; "" 1 penalty if the land had not been specially classified . The interest shall be charged at the same rate charged one delinquent property taxes. • 8. Assessor 's port : The COUNTY Assessor shall annually, during the continuation of this 4greement, report to the COUNTY Treasurer both the market value a•-::essment and the current use assessment , and shall report tothe' owner any change in either of these assessment values . 9. P;v ent : OWNER shall not receive any payment from' CITY/COUNTY in consideration of tho :hligations imposed hereunder, it being recog- nized and agree. .he. consideration for the execution of the within agreemt-nt is the substantial public benefit to be derived therefrom and the ade'antage which might accrue to OWNER as the result of possible reduction in the assessed value of said property due to the imposition of the limitations on its use contained herein, as such factors are relevant to appraising and assessing standards under the Washington Constitution and RCW 84.34, 4nd all rules and regulations as established by the Department of Revenue. 10. Running with Land: This Agreement shall run with the land described , above and shall be binding upon the heirs, successors and assigns of the parties hereto; Except that the provisions of Section 7 shall not apply in the event 'that the change in use results from the sale of land classified under this Act within two •years after the death of the owner of at least fifty percent of such land. 11. Compatible T)ss : As used in this Agreement, the term "Compatible Uses" shall mean: (1) ' The cultivation of ground, including the preparation of soil , planting or seeding and the raising and harvesting of trees , timber, fruits , vegetables , flowers , grains, and other crops; the raising, feeding, managing and breeding of livestock, poultry, fish, birds and other animals; greenhouses ; the exca- vation of earth and the drilling of wells exclusively for agricultural and domestic uses; single family dwellings for persons who labor full time on such land, together with barns, corrals and other outbuildings and structures accessory to the foregoing. The sale on the premises of products produced there- on. The appurtenances necessary to the production, packing, storing, processing, preparation or sale of the agricultural products grown on' the land. • • • • 1 . SJ ),.6,d6-- ,,,,,,.., . OWNER ;ris tJ"�)L.X �,/l,�„� • Norma . Walton • Address: - __. ._. (Attach Acknowledgment for each signature) CITY OF / Jefferson COUNTY BY: r _ 2/%7i �' f F __ STATE OF')1 . P4GTON ss. County of Kit Sap On this 2 4 th day of April ,A. D. 19 71 ,before me, the undersigned, a Notary Public in and for the State of Washington , duly commissioned and sworn personally appeared Norman J. Walton to me known to be the individual described in and who executed the foregoing instrument, and acknowledged to me that he signed and sealed the said instrument as has free and voluntary act and deed for the uses and purposes therein mentioned. WITNESS my hand and official seal hereto affixed the day a certi"care above wr 4 STATE OF WASHIdGTON ss. County of •: t r- On this 2 t{'it day of April ,A. D. 19 71 ,before me, the undersigned, a Notary Public in and for the State of Washin,^.ton , duly commissioned and sworn personally appeared Dlvi l A. TIal+on to me known to be the individual described in and who executed the foregoing instrument, and acknowledged to me that he—.signed and sealed the said instrument as 1 t2 s free and voluntary act and deed for the uses and purposes therein mentioned. WITNESS my hand and official seal hereto affixed the day a • -ar' �n this tifca - above writte/ . - A 1 7 . Notary Public in and for the State of f;� ;1nnj1 residing at Port Orchard (Acknowledgment by Individual. Washington Title Insurance Company. Form L 28) f ; december 30, 1970 TO: Honorable Board of Jefferson County Commissioners Subject: Application for Land Classification Under RCW 84.34 Timber Land Current Use Assessment. 1. In accordance with Open Space Taxaton Act Rules, submitted herewith is application of Mr. Eorman J. Walton for your con- sideration. 2. Receipt for filing fee in the amount of 25.00 is attached. Respectfully, Jim Sofie Jefferson County Assessor V t v 2518 North Wycoff, Bremerton, Washington, April 27, 1971 Re: "Open Space" Agreement fee Mr. Jim Sofie, County Assessor, Jefferson County Court House, Port Townsend, Washington. 98368 In compliance with your request, I mailed $50 along with the signed "Open Space" Agreement to the County Treasurer' s office on April 15. However, the original- instructions we received indicated the additional fee was -$40. Would you. please check this to see which is correct? Sincerely yours, 72Mr-e?.Ntrma411,': J. WaV, on. MEMO: Mrs. Norman J. Walton Re: SYz NW34 SE4, Section 10, Township 25 North, Range 2 West. In reference to your question above. The fee is $50. Enclosed, for your information is a copy of Resolution No. 45-70 of the Board of County Commissioners pertaining. You are hereby informed, the Approved Agreement has been recorded in the office of the Jefferson County Auditor. Assessment on land covered by the agreement for 1972 tax purposes will be at $20 per acre=$400.00; and second growth timber at $11 per acree$220.00 --Total assessed valuation $620. Appraised value for other than Timber Land use is placed at $300 per acre, or $6000. and for deferred tax purposes, assesed valuation at $3000. If there are any further questions please feel free to contact this office. ,Yours very truly, Jimm S Sof3e, Jefferson County Assessor JS/ae encl. - V