HomeMy WebLinkAboutOpen Space Taxation Agreementj
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When Recorded Retum to:
Community Development Services
411 N Rubv- Suite 2
F.llenshrrro WA qRq?6
Open Space Taxation Agreement
Chapter 84.34 RCW
(To be used for "Open Space" rnd "Timber Land" Classificrtion or Rechssification Only)
Property Owner Kittitas Conservation Trust
Property Address NiA
Legal Description A portion of the West half of Section 31, Township 20 N Range 16 E, w.m.
Assessor's Property Tax Parcel orAccountNumber 385135, Map Number 20-16'31030-0009
Reference Numbers of Documents Assigned or Released OS-21-00035
This agreement between Kittitas Conservation Trust
hereinafter called the "Owner", and Kittitss CounW
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 ofsaid properly, 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 ofthe property during the life ofthis agr€ement shall be for:
X Open Space Land - RCW S4.34.0200Xa) or (b) Public Benefit Rating System KCC 3.46
fr Farm and Agricultural Conservation Land (a sub classification of open space hnd) - RCW
8434.020(l)(c)
n Timber Land - RCW 34.34.020(3)
Now, therefore, the palties, in consideration ofthe mutual covenants and conditions set forth herein, do agroe as
follows:
l. During the term of this agreement the land shall be used only in accordance with its classifieduse.
2. No structures shall be erected upon such land except those directly related to, and compatible with, the classified
use ofthe land.
3. This agreement shall be effective commenoing on the date the legislative body receives the signad 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from the property owner and shall remain in effect until the property is withdrawn or removed from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 ofland described herein and shall be binding upon the heirs, successors
and assignees ofthe parties hereto.
REv 64 0022e (w) (68lla)
5. The landowner may withdraw from this agroement if, after a period of ten years, he or she files a request to
withdraw classification with the assessor. Two years from the date of that request the assessor shall withdraw
classification from the land, and the applicable taxes and interest shall be imposed as providedin
RCW 84.34.070 and 84.34.108. This provision will not apply if there is a pending merger of a county's timber
land classification and designated forest land program and the merger will occur prior to the date of withdrawal. If
this oocurs, the owner can choose to: (l) request immediate removal ofthe land from the timber land olassification.
(2) request immediate removal, after the merger, of the land from the designated forest land program, or (3)
request the assessor to remove the land from the designated forest land program once two assessment years have
passed following the receipt of the notice to withdraw. These removals will still be subject to the additional tax,
interest, and penalty, or compensating tax.
6. After the effective date ofthis agreement, any change in use of the land, except through compliance with items
(5), (7), (9), or (1 0), shall be considered a breach ofthis agreement, and shall be subject to removat 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 ifremoval of
classifi cation resulted solely from:
a) Transfer to a governmental entity in exchange for other land located within the State ofWashington;
b) A taking through the exercisc 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;
o) A natural disaster such as a flood, windstorm, earthquake, or other such calamity rather than by virtue ofthe
act ofthe land owner ohanging the use ofsuoh property;
d) Official action by an agenoy ofthe State of Washington or by the county or oity where the land is located
disallowing the present use of such land
e) Transfer of land to a church when such land would quali| for exemption pursuant to RCW84.36.020;
0 Acquisition ofproperty interests by state agenoies or agencies or organizations qualified under
RCW 84.34.210 and 64.04.130 forthe puposes enumerated in those sections (see RCW84.3a.l08(6)(f));
C) Removal of land classified as farm and agricultural land under RCW 84Ja.020(2X0;
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 r€move 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 ofa fee interest or a conservation easement ofprivate 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 ofthe owner of at least a fiffy 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 dae used; or
l) The discovery that the land was classified in enor 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 dessribed in this agreement.
9. The owner may apply for reclassification of the land if reclassification is permissible under RCW 84.34.070.
10. Changestotheconditionsofthisagreementcouldresultinthere-ratingoftheparcelbythegrantingauthority,
subject to a public hearing, and may result in a change in assessed value. Ifthe granting authority approves the
changes in conditions, a revised agreement may be required.
)REV 64 0022c (w) (6/J/r4)
1) The parcel(s) of land described in this agreement is subject to the following conditions:
a. A market value reduclion of 85% shall be maintained in perpetuity, subject to the active status of the Deed of
Consemalion Easement. Any terminalion of the associated Deed of Conservation Easement shall be reported
to the Kittitas County Assessor's ffice and applicable tm obligations shall be prescribed in accordance with
Kiltitas County Code.
b. Ktt ilas County [asumes no labtlfiy whtch may arlse as a result af enrollment ln the progrum.
c. Should the land be applied to some other use, the applicant shall notify the Assessor's office within 60 days
of such change and shall be subject to the provisions of RCW 84.34.080
d. The County Assessor and/or depaftment may require an owner ofland enrolled under this Ordinance to
submit data relevant to the use ofthe land or other information pertinent to the continued classification ofthe
land, as specified by WAC 458-30-270,
e. Property enrolled under this Ordinance may be sold or transferred to new ovtners subjecl to the provisions of
wAC 458-30-275.
2) The parcel(s) of land described in this agreement may be used in the following manner:
Conseryation qctiv ilies, mainlenance and pass ive re cre ation
3) The parcel(s) of land described in this agreement may be rsmoved if the land is used in the following
manner:
Utilization of the lands beyond the scope of the Public BeneJit Rating System classificalion criteria.
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.
is not a contract and can be annulled or oanceled at any
Dated Wb' t5''VA>>
Dated Fe,b, lb,'>a^>
according to the use ofthe properly
84.34.070)
kgislative Aulhority
ofCounty and/or Legislative Authority
This
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Dated r-eb, lbr 2p'*
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Title
As owner(s) of the herein-described land I/we indioated by my/our signature(s) that I am/we are aware of the
potential tax liability and hereby acoept the classification and conditions ofthis agreement.
tl't I u>n,Dated ,-t
BGV 64 0022e (w) (6/3/la)3
(Must all owncrs)
Dats signed agreement received by LegislativeAuthority E*wu aJ/tx I 5, >0">
Prepare in triplicate wlth one copy to each of the folowing: Owner,
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n"*"rrr, "* County Assessor
To ask about the avail$ility of this publication in an altemate fonnat br the visually impaircd, please call 1-800{4?-7?06. Teletype (Tl'Y)
users mry use {re Washington Relay Sonrico by oalling 7l l. For hx assishr€, crll (360) 534-1,100.
4REV 64 0022e (w) (613114)