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codiga estate open space
CURRENT USE ASSESSMENT
CODIGA OPEN SPACE CURRENT USE ASSESSMENT
Frank Todd, Mayor
CITY or TUKWILA
14475 - 59TH AVENUE SOUTH
TUKWILA, WASHINGTON 98067
President, Tukwila City Council
14475 - 59th Avenue South
Tukwila, Washington 98067
Dear. President:
1 September 1972
On Thursday, 31 August 1972, the Planning Commission held .a
Public Hearing to consider a request for Open -Space Land
Classification submitted by Mrs. Frances North regarding the
thirty -six acre parcel of land on Interurban Avenue just
north of Time D-C.
It is hereby recommended, by the Tukwila Planning Commission,
that the application, as submitted, be approved.
A copy of the application is attached for your consideration
as well as a copy of the minutes of the Special Meeting held
31 August 1972 for the Public Hearing.
GC /lt
Sin erejL7,
Enc1: 1. Application
2. Minutes, 31 August 1972
Richard G. Kirsop, Secretary
Tukwila Planning Commission
PLANNING COMMISSION
Frank Todd, Mayor
CITY or TUKWILA
14475 - 59TH AVENUE SOUTH
TUKWILA, WASHINGTON 98067
Minutes of Special Meeting, 31 August 1972
Chairman Harrison called to order
in order to hear a Public Hearing
Space Land Classification by Mrs.
were: Mr. West, Mr. Mettler, Mr.
Mr. Saul.
Staff recommendations were read aloud:
1. That the City be reimbursed for the difference of
cost of publication and application fee, a total
of $44.91.
2. Recommend the landowner allow easement for future
trail system along river bank.
PLANNING COMMISSION
the Special Meeting at 8 :32 P.M.
to consider a request for Open -
Frances North. Members present
Zepp, Mr. Kirsop, Mr. Link, and
Chairman Harrison opened the Public Hearing and read the application
for Open- Space. Noted that the application had been advertised.
Gary Crutchfield, of the Planning staff, read an abstract of the
Open -Space legislation and explained some points questioned by the
Commission.
Chairman Harrison asked if there was anyone to speak for the request.
Mrs. Frances North, Box 441, North Bend, stated the 36 acres of
agricultural land has been used for the past 50 years as such and
will remain so in future. -Also pointed out the City would be
creating a buffer zone in that area at no cost to the City.
Chairman Harrison asked if there was anyone present who wished to
speak in opposition of the request. No one.
Some discussion followed among the Commission concerning the intent
of the legislation.
Discussion followed among Commissioners regarding the staff recom-
mendations.
■
2 —
Mrs. North stated an easement had already been granted to Corps
of Engineers for access to the river bank for diking and maintenance
purposes. She also questioned who would be liable for the easement.
Further discussion followed regarding the intent of King County in
relation to the staff recommendation.
Del Moss, Planning Coordinator, withdrew Staff recommendation #2
regarding trail system easement because it was not clear who would
be liable for the easement.
Motion by Mr. Kirsop, seconded by Mr. Mettler and carried to close
the Public Hearing.
Motion by Frank Zepp, seconded by Mr. Mettler and carried to recommend
approval of application, as submitted, and forward said application
and recommendation for approval to the City Council for final action.
Motion by Mr. ,West, seconded by Mr. Saul and carried to adjourn the
Special Meeting.
Chairman Harrison adjourned the Special Meeting at 9:33 P.M.
6'7' Richard G. YCirsop, Sec
Tukwila Planning Commission
RECOMMENDATION:
in "current use " 'status.
The Current Use Taxation Program is a reasonable means of assisting
in the implementation of other county programs, particularly the Trails Plan
and Stream Bank Access efforts. However, its use for this purpose shall be
limited to requirements that will affect the property only so long as it remains
CHRISTOPHER T. BAYLEY
PROSECUT ING ATTORNEY
16 August 1972
ANSWER
ANALYSIS
Mr. Edward B. Sand
Director
Department of Planning
W -217 County Courthouse
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OFFICE OF THE PROSECUTING �lEY..t i; Dt.r i.
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KING COUNTY COURTHOUSE
SEATTLE. WASHINGTON 98104
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vi' (206) 344 -2550
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Re: Granting of easements under the Current Use Assessment
Act (RCW Ch. 84.34)
Dear Mr. Sand:
The Planning Department has requested an opinion on the following
question:
If, pursuant to RCW Ch. 84.34, the county approves the classi-
fication of certain land for current use assessment upon the
condition that the applicant grant certain easements on the
land to the county, can these easements run with the land
beyond the date when such classification is terminated?
The State legislature intended that easements granted
to the county by property owners in return for a current use
classification should run with the land only for the time period
during which the current use assessment classification is applied.
The Current Use Assessment Act (RCW Ch. 84.34, Enacted
Laws 2d Ex Sess. 1970 Ch. 87, eff. Jan 1, 1971) provides for
agreements between property owners and the taxing authority to
assess certain open space and other lands at their current use
value rather than fair market value. In return for the tax
relief thus provided to the landowner, the authority. . . "in
approving in part or whole an application may also require that
certain conditions be met, including but not limited to the
granting of easements." (RCW 84.34.040) This provision was
inserted into the original house bill by the Senate Subcommittee
on Revenue and Taxation of the Ways and Means Committee.
It is our opinion that the easements which may be required as
a condition for classifying land for current use assessment
may extend only for the duration of the classification. This
conclusion is based upon the following considerations:
PROSECUTING ATTORNEY
KING COUNTY
db
Mr. Edward B. Sand, Director
Department of Planning
16 August 1972
Page Two
(1) The purpose of the Act was to encourage
land owners in the state to retain their
land as open space land, farm and agricultural
land and timber land rather than sell to
developers as a result of increasing property
taxes. That purpose might be defeated by
requiring landowners to permanently yield
valuable easements. Such permanent loss
would lower land values, thereby discouraging
landowners from applying for a current use
classification.
(2) RCW 84.34.070 and .080 provide specific
remedies to the taxing authority for the
landowner's withdrawal of land from its
current use classification or for change
in use of the land. In addition, Department
of Revenue Open Space Taxation Rules
(WAC 458 -30 -030) provide administrative
guidelines for penalties for breach of the
current use assessment agreement. Neither
those provisions in the Act or the WAC
guidelines purporting to deal with the
subject of remedies and penalties upon
the termination of the classification
provide for permanent forfeiture of ease-
ment rights by the landowner.
(3) In a recent telephone conversation, U. S.
Representative Mike McCormack, the Chair-
man of the State Senate Subcommittee on
Revenue and Taxation at the time this Act
was considered, stated that his committee's
purpose and intent in inserting the easement
provision in the Act was to provide temporary
easements. Rep. McCormack stated that the
committee was concerned with providing scenic
trail and recreation access to the open space
lands for as long as the lands were classified
open space lands.
FRr CHRISTOPHER T. BAYLEY, King County Prosecuting Attorney:
P
JOHN E. KEEGAN
Dep y, Civil Division
84.33.200 Title 84 RCW: Property Taxes
shall recommend a rate level and distribution system on
or before the convening of the forty — seventh legislature.
(4) The department of revenue and the department of
natural resources shall make available to the revenue
committees of the senate and house of representatives of
the state legislature information and data, as it may be
available, pertaining to the status of forest land grading
throughout the state, the collection of timber excise tax
revenues, the distribution and allocation of timber excise
tax revenues to the state and local taxing districts, and
any other information as may be necessary for the
proper legislative review and implementation of the tim-
ber excise tax system, and in addition, the departments
shall provide an annual report of such matters in Janu-
ary of each year to such committees. [ 1979 c 6 § 4; 1974
ex.s. c 187 § 9.]
'Reviser's note: This internal reference has been changed from
RCW 82.04.291(3) to RCW 84.33.071(3) in accordance with the re-
codification of RCW 82.04.291 as a section in chapter 84.33 RCW.
See RCW 84.33.072 and notes following RCW 84.33.071.
Severability -1974 ex.s. c 187: See note following RCW
84.33.071.
Chapter 84.34
OPEN SPACE, AGRICULTURAL, AND TIMBER
LANDS -- CURRENT USE ASSESSMENT
CONSERVATION FUTURES
Sections
84.34.010
84.34.020
84.34.030
84.34.035
84.34.037
84.34.050
84.34.060
84.34.065
84.34.070
84.34.080
84.34.090
84.34.100
84.34.108
84.34.111
84.34.121
84.34.131
84.34.141
84.34.145
84.34.150
84.34.155
84.34.160
84.34.200
84.34.210
Legislative declaration.
Definitions.
Applications for current use classification —
Forms —Fee —Times for making.
Applications for current use classification—Ap-
proval or denial— Appeal — Duties of assessor
upon approval.
Applications for current use classification —To
whom made— Factors — Review.
Notice of approval or disapproval — Procedure
when approval granted.
Determination of true and fair value of classified
land --- Computation of assessed value.
Determination of true and fair value of farm and ag-
ricultural land—Computation----Definitions.
Withdrawal from classification.
Change in use.
Extension of additional tax and penalties on tax
roll—Lien.
Payment of additional tax, penalties, and /or interest.
Removal of designation— Factors — Additional
tax—Lien—Delinquencies---Exemptions.
Remedies available to owner liable for additional tax.
Information required.
Valuation of timber not affected.
Rules and regulations.
Advisory committee.
Reclassification of land classified under prior law
which meets definition of farm and agricultural
land.
Reclassification of land classified as timber land
which meets definition of forest land under chapter
84.33 RCW.
Information on current use classification— Publi-
cation and dissemination.
Acquisition of open space, etc. land or rights to fu-
ture development by counties, cities or metropolitan
municipal corporations — Legislative declara-
tion— Purposes.
Acquisition of open space, etc. land or rights to fu-
ture development by counties, cities, metropolitan
(Title 84 RCW (1979 Ed.) —p 343
municipal corporations or nonprofit nature conserv-
ancy corporation or association— Authority to as quire — Conveyance or lease back.
84.34.220 Acquisition of open space, etc. land or rights to fu-
ture development by counties, cities, metropolitan
municipal corporations or nonprofit nature conserv-
ancy corporation or association—Developmental
rights— "Conservation futures'—Acquisi-
tion— Restrictions.
84.34.230 Acquisition of open space, etc. land or rights to fu-
ture development by counties, cities, metropolitan
municipal corporations or nonprofit nature conserv-
ancy corporation or association — Property tax
levy authorized.
84.34.240 Acquisition of open space, etc. land or rights to fu-
ture development by counties, cities, metropolitan
municipal corporations or nonprofit nature conserv-
ancy corporation or association -- Conservation fu-
tures fund.
84.34.250 Nonprofit nature conservancy corporation or associa-
tion defined.
84.34.300 Special benefit assessments for farm and agricultural
land — Legislative findings— Purpose.
84.34.310 Special benefit assessments for farm and agricultural
land— Definitions.
84.34.320 Special benefit assessments for farm and agricultural
land— Exemption from assessment — Procedures
relating to exemption -- Constructive notice of po-
tential liability— Waiver of exemption.
84.34.330 Special benefit assessments for farm and agricultural
land — Withdrawal from classification or change
in use — Liability=— Amount —Due date —
Lien.
84.34.340 Special benefit assessments for farm and agricultural
land — Withdrawal or removal from classifica-
tion— Notice to local government—Statement
to owner of amounts payable -- Delinquency
date— Enforcement procedures.
84.34.350 Special benefit assessments for farm and agricultural
land —Use of payments collected.
84.34.360 Special benefit assessments for farm and agricultural
land —Rules to implement RCW 84.34.300
through 84.34.380.
84.34.370 Special benefit assessments for farm and agricultural
land — Assessments due on land withdrawn or
changed.
84.34.380 Special benefit assessments for farm and agricultural
land — Application of exemption to rights and in-
terests preventing nonagricultural uses.
84.34.900 Severability -1970 exs. c 87. .
84.34.910 Effective date -1970 ex.s. c 87.
84.34.920 Severability -1971 ex.s. c 243.
84.34.921 Severability -1973 1st ex.s. c 212.
84.34.922 Severability -1979 c 84.
84.34.010 Legislative declaration. The legislature
hereby declares that it is in the best interest of the state
to maintain, preserve, conserve and otherwise continue in
existence adequate open space lands for the production
of food, fiber and forest crops, and to assure the use and
enjoyment of natural resources and scenic beauty for the
economic and social well —being of the state and its citi-
zens. The legislature further declares that assessment
practices must be so designed as to permit the continued
availability of open space lands for these purposes, and it
is the intent of this chapter so to provide. The legislature
further declares its intent that farm and agricultural
lands shall be valued on the basis of their value for use
as authorized by section 11 of Article VII of the Consti-
tution of the state of Washington. [ 1973 1st ex.s. c 212 §
1; 1970 ex.s. c 87 § 1.]
84.34.020 Definitions. As used in this chapter, unless
a different meaning is required by the context:
(1) "Open space land" means (a) any land area so
designated by an official comprehensive land use plan
adopted by any city or county and zoned accordingly or
(b) any land . area, the preservation of which in its
present use would (i) conserve and enhance natural or
scenic resources, or (ii) protect streams or water supply,
(iii) promote conservation of soils, wetlands, beaches or
tidal marshes, or (iv) enhance the value to the public of
abutting or neighboring parks, forests, wildlife preserves,
nature reservations or sanctuaries or other open space, or
(v) enhance recreation opportunities, or (vi) preserve
historic sites, or (vii) retain in its natural state tracts of
land not less than five acres situated in an urban area
and open to public use on such conditions as may be
reasonably required by the legislative body granting the
open space classification.
(2) "Farm and agricultural land" means either (a)
land in any contiguous _ownership of
acres devoted primarily ... livestock.,or
agricultural commodities ..for_commerciaLpurposes;..(b)
any land five acres or more but less than
twenty acres devoted primarily to agricultural uses,
which has produced a gross income from agricultural
uses equivalent to one hundred dollars or more per acre
per year for three of the five calendar years preceding
the date of application for classification under this
chapter; or (c) any parcel of land of less than five acres
I. devoted primarily to agricultural uses which has pro -
\ duced a gross income of one thousand dollars or more
per year for three of the five calendar years preceding
the date of application for classification under this
chapter. Agricultural lands shall also include farm
woodlots of less than twenty and more than five acres
and the land on which appurtenances necessary to the
production, preparation or sale of the agricultural pro-
ducts exist in conjunction with the lands producing such
products. Agricultural lands shall also include any parcel
of land of one to five acres, which is not contiguous, but
t which otherwise constitutes an integral part of farming
operations being conducted on land qualifying under this
section as "farm and agricultural lands ".
(3) "Timber land" means land in any contiguous
ownership of five or more acres which is devoted pri-
marily to the growth and harvest of forest crops and
which is not classified as reforestation land pursuant to
chapter 84.28 RCW, or as land classified for deferred
taxation under chapter 84.32 RCW. Timber land means
the land only.
(4) "Current" or "currently" means as of the date on
which property is to be listed and valued by the county
assessor.
• (5) "Owner" means the party or parties having the fee
interest in land, except that where land is subject to real
estate contract "owner" shall mean the contract vendee.
(6) "Contiguous" means land adjoining and touching
other property held by the same ownership. Land di-
vided by a public road, but otherwise an integral part of
a farming operation, shall be considered contiguous.
[1973 1st ex.s. c 212 § 2; 1970 ex.s. c 87 § 2.]
Open Space, Etc. Lands— Conservation Futures 84.34.035
84.34.030 Applications for current use classifica-
tion— Forms -- Fee —Times for making. An owner
of agricultural land desiring current use classification
under subsection (2) of RCW 84.34.020 shall make ap-
plication to the county assessor upon forms prepared by
the state department of revenue and supplied by the
county assessor. An owner of open space or timber land
desiring current use classification under subsections (1)
and (3) of RCW 84.34.020 shall make application to the
county legislative authority upon forms prepared by the
state department of revenue and supplied by the county
assessor. The application shall be accompanied by a rea-
sonable processing fee if such processing fee is estab-
lished by the city or county legislative authority but that
such fee may not exceed thirty dollars for each applica-
tion: Provided, That if the application is not approved,
then the application fee shall be returned to the appli-
cant. Said application shall require only such informa-
tion reasonably necessary to properly classify an area of
land under *this 1973 amendatory act with a notarized
verification of the truth thereof and shall include a
statement that the applicant is aware of the potential tax
liability involved when such land ceases to be designated
as open space, farm and agricultural or timber land.
Applications must be made during the calendar year
preceding that in which such classification is to begin.
The assessor shall make necessary information, including
copies of this chapter and applicable regulations, readily
available to interested parties, and shall render reason-
able assistance to such parties upon request. [ 1973 1st
ex.s. c 212 § 3; 1970 ex.s. c 87 § 3.]
°Reviser's note: "this 1973 amendatory act" [1973 lit ex.s. c 212]
consists of RCW 84.34.035, 84.34.037, 84.34.065, 84.34.108, 84.34-
.111, 84.34.121, 84.34.131, 84.34.141, 84.34.145, 84.34.150, 84.34.155,
84.34.160, and 84.34.921, to the amendments to RCW 84.34.010, 84-
34.020, 84.34.030, 84.34.050, 84.34.060, 84.34.070 and 84.34.080 by
1973 1st ex.s. c 212, and to the repeal of RCW 84.34.040, 84.34.110,
84.34.120, 84.34.130 and 84.34.140.
84.34.035 Applications for current use classifica-
tion— Approval or denial -- Appeal -- Duties of as-
sessor upon approval. The essor sltalL., the
application for current, tiSC .Massi „p „farm,..4A -A -
ricu liiial lands under subsection (2) of RCW 84.34.020,
with "d "ue regal ettracll "r"el'eva�"""n the application
thatl ed` eme�' to "have Been approved unless, prior to
the first day of May of the year after such application
was mailed or delivered to the assessor, he shall notify
1 the applicant in writing of the extent to which the appli-
! cation is denied. An owner who receives notice that his
application has been denied may appeal such denial to
1 the county legislative authority. Within ten days follow-
ing approval of the application, the assessor shall submit
'4'notification of such approval to the county auditor for
recording in the place and manner provided for the pub-
lic recording of state tax liens on real property.
The assessor shall, as to any such land, make a nota-
tion each year on the assessment list and the tax roll of
the assessed value of such land for the use for which it is
classified in addition to the assessed value of such land
were it not so classified.
The assessor shall also file notice of both such values
with the county treasurer, who shall record such notice
[Tide 84 RCW (1979 Ed.) —p 351
84.34.035 Title 84 RCW: Property Taxes
in the place and manner provided for recording delin-
quent taxes. [ 1973 1st ex.s. c 212 § 4.]
84.34.037 Applications for current use classifica-
tion—To whom made — Factors — Review. Appli-
cations for classification under RCW 84.34.020
subsection (1) or (3) shall be made to the county legis-
lative authority. An application made for classification
of land under RCW 84.34.020 subsection (1)(b), or (3)
which is in an area subject to a comprehensive plan shall
be acted upon in the same manner in which an amend-
ment to the comprehensive plan is processed. Applica-
tion made for classification of land which is in an area
not subject to a comprehensive plan shall be acted upon
after a public hearing and after notice of the hearing
shall have been given by one publication in a newspaper
of general circulation in the area at least ten days before
the hearing: Provided, That applications for classifica-
tion of land in an incorporated area shall be acted upon
by a determining authority composed of three members
of the county legislative body and three members of the
city legislative body in which the land is located.
In determining whether an application made for
classification under RCW 84.34.020, subsection (1)(b),
or (3) should be approved or disapproved, the granting
authority may take cognizance of the benefits to the
general welfare of preserving the current use of the
property which is the subject of application, and may
consider whether or not preservation of current use of
the land will (1) conserve or enhance natural or scenic
resources, (2) protect streams or water supplies, (3) pro-
mote conservation of soils, wetlands, beaches or tidal
marshes, (4) enhance the value of abutting or neighbor-
ing parks, forests, wildlife preserves, nature reservations,
sanctuaries, or other open spaces, (5) enhance recreation
opportunities, (6) preserve historic sites, (7) affect any
other factors relevant in weighing benefits to the general
welfare of preserving the current use of the property
against the potential loss in revenue which may result
from granting the application: Provided, That the grant-
ing authority may approve the application with respect
to only part of the land which is the subject of the ap-
plication: Provided further, That if any part of the ap-
plication is denied, the applicant may withdraw the
entire application: And provided further, That the
granting authority in approving in part or whole an ap-
plication for land classified pursuant to RCW
84.34.020(1) or (3) may also require that certain condi-
tions be met, including but not limited to the granting of
easements: And provided further, That the granting or
denial of the application for current use classification is
a legislative determination and shall be reviewable only
for arbitrary and capricious actions. [1973 1st ex.s. c
212 § 5.]
84.34.050 Notice of approval or disapproval
Procedure when approval granted. (1) The granting au-
thority shall immediately notify the county assessor and
the applicant of its approval or disapproval which shall
in no event be more than six months from the receipt of
['Mk 84 RCW (1979 Ed.) —p 361
said application. No land other than farm and agricul-
tural land shall be conre3 qua1'tied unaertiis�,
- ter' - trntii"8t1 p iEdtio ;,ii;,..rcgarrig eia.has_ been
- appfdVed °tii°t']ie appro riai .8.i i auth?rit.,y•..:
""" rWlien the granting authority finds that land qual-
ifies under this chapter, it shall file notice of the same
with the assessor within ten days. The assessor shall, as
to any such land, make a notation each year on the as-
sessment list and the tax roll of the assessed value of
such land for the use for which it is classified in addition
to the assessed value of such land were it not so
classified.
(3) Within ten days following receipt of the notice
from the granting authority that such land qualifies un-
der this chapter, the assessor shall submit such notice to
the county auditor for recording in the place and manner
provided for the public recording of state tax liens on
real property.
(4) The assessor shall also file notice of both such
value with the county treasurer, who shall record such
notice in the place and manner provided for recording
delinquent taxes. [1913 1st ex.s. c 212 § 6; 1970 ex.s. c
87 § 5.]
84.34.060 Determination of true and fair value of
classified land— Computation of assessed value. In de-
termining the true and fair value of open space land and
timber land, which has been classified as such under the
provisions of this chapter, the assessor shall consider
only the use to which such property and improvements is
currently applied and shall not consider potential uses of
such property. The assessor shall compute the assessed
value of such property by using the same assessment ra-
tio which he applies generally in computing the assessed
value of other property: Provided, That the assessed val-
uation of open space land with no current use shall not
be less than that which would result if it were to be as-
sessed for agricultural uses. [ 1973 1st ex.s. c 212 § 7;
1970 ex.s. c 87 § 6.]
84.34.065 Determination of true and fair value of
farm and agricultural land— Computation — Defini-
tions. The true and fair value of farm and agricultural
land shall be determined by consideration of the earning
or productive capacity of comparable lands from crops
grown most typically in the area averaged over not less
than five years, capitalized at indicative rates. The earn-
ing or productive capacity of farm and agricultural lands
shall be the "net cash rental ", capitalized at a "rate of
interest" charged on long term loans secured by a mort-
gage on farm or agricultural land plus a component for
property taxes.
For the purposes of the above computation:
(1) The term "net cash rental" shall mean the average
rental paid on an annual basis, in cash or its equivalent,
for the land being appraised and other farm and agri-
cultural land of similar quality and similarly situated
that is available for lease for a period of at least three
years to any reliable person without unreasonable re-
strictions on its use for production of agricultural crops.
There shall be allowed as a deduction from the rental
received or computed any costs of crop production
charged against the landlord if the costs are such as are
customarily paid by a landlord. If "net cash rental" data
is not available, the earning or productive capacity of
farm and agricultural lands shall be determined by the
cash value of typical or usual crops grown on land of
similar quality and similarly situated averaged over not
less than five years. Standard costs of production shall
be allowed as a deduction from the cash value of the
crops.
The current "net cash rental" or "earning capacity"
shall be determined by the assessor with the advice of
the advisory committee as provided in RCW 84.34.145,
and through a continuing study within his office, assisted
by studies of the department of revenue. This net cash
rental figure as it applies to any farm and agricultural
land may be challenged before the same boards or au-
thorities as would be the case with regard to assessed
values on general property.
(2) The term "rate of interest" shall mean the rate of
interest charged by the farm credit administration and
other large financial institutions regularly making loans
secured by farm and agricultural lands through mort-
gages or similar legal instruments, averaged over the
immediate past five years.
The "rate of interest" shall be determined annually by
the revenue department of the state of Washington, and
such determination shall be published not later than
January 1 of each year for use in that assessment year.
The determination of the revenue department may be
appealed to the state board of tax appeals by any owner
of farm or agricultural land or the assessor of any
county containing farm and agricultural land.
(3) The "component for property taxes" shall be a
percentage equal to the estimated millage rate times the
legal assessment ratio. [1973 1st ex.s. c 212 § 101
84.34.070 Withdrawal from classification. When
land has once classified under. this _chapter. .it.shall
remain under such classification _and.shall,not,be.applied
to other - use - for atLeast,�ten years,from.the.date_of class-
ification and` shall' continue, .under,.such.classification.un -
`"ti1" "and' unless' withdrawn from., ciassification,�after.,notice
' of'1retuest''foi `willidrawal shalhbe,.cttade..b owner.
During any year alter eight years of the initial ten -year
classification period have elapsed, notice of request for
withdrawal of all or a portion of the land, which shall be
irrevocable, may be given by the owner, t ..the.,.county
assessor or assessors o ?the county. or.counties which
suc`fi land is sittiaed. In the event that a portion of a
parcel is removed from classification, the remaining por-
tion must meet the same requirements as did the entire
parcel when such land was originally granted classifica-
tion pursuant to this chapter. Within seven days the
count assessor shall transmit oneZ` y of s tcK,bdttee -.10-
the ,legislative body, which.originally..approved -the• appli-
cation.The county assessor or assessors, as the case may
* be, shall, when two assessment years have elapsed fol-
lowing the date of receipt of such notice, withdraw such
land from such classification and the land shall be sub-
ject to the additional tax due under RCW 84.34.108:
Provided, That agreement to tax according to use shall
not be considered to be a contract and can be abrogated
Open Space, Etc. Lands -- Conservation Futures
84.34.108
at any time by the legislature in which event no addi-
tional tax or penalty shall be imposed. [1973 1st ex.s. c
212 § 8; 1970 ex.s. c 87 § 7.]
84.34.080 Change in use. When land which has been
classified under this chapter as oeen� spac�""e"'la rd arm °"
"antkagri'ctilturai "larftt; artimber (antis at ted to some
- .other use; except •°through'b'oTplia`nee`with ' RCW 84:34 -
;070 ; as a result solely from any one of the
conditions listed in RCW 84.34.108(5), the owner shall
within sixty _ notify,.:, the.. county_ .assessor .. of such'
cha`ng`e
in use and,, additional_ real _property
imposed `upon` sucland in an amount,. equal „to,,,the.:s_um
of 't rfollbwing y , ,..., .,...._..
(1) The total amount of the additional tax due under
RCW 84.34.108; plus
(2) A penalty amounting to twenty percent of the
amount determined in subsection (1) of this section.
[1973 1st ex.s. c 212 § 9; 1970 ex.s.,c 87 § 8.]
84.34.090 Extension of additional tax and penalties
on tax roll Lien. The additional tax and penalties, if
any, provided by RCW 84.34.070 and 84.34.080 shall be
extended on the tax roll and shall be, together with the
interest thereon, a lien on the land to which such tax
applies as of January 1st of the year for which such ad-
ditional tax is imposed. Such lien shall have priority as
provided in chapter 84.60 RCW: Provided, That for
purposes of all periods of limitation of actions specified
in Title 84 RCW, the year in which the tax became
payable shall be as specified in RCW 84.34.100. [1970
ex.s. c 87 § 9.]
84.34.100 Payment of additional tax, penalties,
and /or interest. The additional tax, penalties, and /or in-
terest provided by RCW 84.34.070 and 84.34.080 shall
be payable in full on or before April 30th following the
date which the treasurer's statement therefor is rend-
ered. Such additional tax when collected shall be dis-
tributed by the county treasurer in the same manner in
which current taxes applicable to the subject land are
distributed. [1970 ex.s. c 87 § 10.]
84.34.108 Removal of designation Factors —
Additional tax Lien — Delinquencies Exemp-
tions. (1) When land has once been classified under
*this 1973 amendatory act, a notation of such designa-
tion shall be made each year upon the assessment and
tax rolls and such land shall be valued pursuant to RCW
84.34.060 or 84.34.065 until removal of all or a portion
of such designation by the assessor upon occurrence of
any of the following:
(a) Receipt of notice from the owner to remove all or
a portion of such designation;
(b) Passage of sixty days following the sale or transfer
of all or a portion of such land to a new owner without
receipt of a notice of compliance from the new owner.
Notice of compliance forms shall be prepared by the
state department of revenue and supplied by the county
assessor. Said notice shall contain a statement that the
new owner is aware of the use classification of the land
and of the potential tax liability involved when such land
[Title 84 RCW (1979 Ed.} --p 37]
84.34.108 Title 84 RCW: Property Taxes
ceases to be designated as open space, farm and agricul-
tural or timber land;
(c) Sale or transfer to an ownership making all or a
portion of such land exempt from ad valorem taxation;
(d) Determination by the assessor, after giving the
owner written notice and an opportunity to be heard,
that all or a portion of such land is no longer primarily
devoted to and used for the purposes under which it was
granted classification.
(2) Within thirty days after such removal of all or a
portion of such land from current use classification, the
assessor shall notify the owner in writing, setting forth
the reasons for such removal. The owner may appeal
such removal to the county board of equalization.
(3) Unless the removal is reversed on appeal, the as-
sessor shall revalue the affected land with reference to
full market value on the date of removal from classifica-
tion. Both the assessed valuation before and after the
removal of classification shall be listed and taxes shall be
allocated according to that part of the year to which
each assessed valuation applies. Except as provided in
subsection (5) of this section, an additional tax shall be
imposed which shall be due and payable to the county
treasurer on or before April 30 of the following year.
The assessor shall compute the amount of such an addi-
tional tax and the treasurer shall mail notice to the
owner of the amount thereof and the date on which
payment is due. The amount of such additional tax shall
be equal to:
(a) The difference between the property tax paid as
"open space land ", "farm and agricultural land ", or
"timber land" and the amount of property tax otherwise
due and payable for the seven years last past had the
land not been so classified; plus
(b) Interest upon 'the amounts of such additional tax
paid at the same statutory rate charged on delinquent
property taxes from the dates on which such additional
tax could have been paid without penalty if the land had
been assessed at a value without regard to this chapter.
(4) Any additional tax unpaid on its due date shall
thereupon become delinquent and together with applica-
ble interest thereon, .shall as of said date become a lien
on such land which shall have priority to and shall be
fully paid and satisfied before any recognizance, mort-
gage, judgment, debt, obligation or responsibility to or
with which such land may become charged or liable.
Such lien may be foreclosed upon expiration of the same
period after delinquency and in the same manner pro-
vided by law for foreclosure of liens for delinquent real
property taxes as provided in RCW 84.64.050 now or as
hereafter amended. From the date of delinquency until
paid, interest shall be charged at the same rate applied
by law to delinquent ad valorem property taxes.
(5) The additional tax specified in subsection (3) of
this section shall ' not be imposed if the removal of desig-
nation pursuant to subsection (1) of this section resulted
solely from:
(a) Transfer to a government entity in exchange for
other land located within the state of Washington;
(b) A taking through the exercise of the power of em-
inent domain, or sale or transfer to an entity having the
fritk 84 RCW (1979 Ed.)—p 38J
power of eminent domain in anticipation of the exercise
of such power;
(c) Sale or transfer of land within two years after the
death of the owner of at least a fifty percent interest in
such land.
(d) A natural disaster such as a flood, windstorm,
earthquake, or other such calamity rather than by virtue
of the act of the landowner changing the use of such
property.
(e) Official action by an agency of the state of
Washington or by the county or city within which the
land is located which disallows the present use of such
land.
(f) Transfer to a church and such land would qualify
for property tax exemption pursuant to RCW 84.36.020.
[ 1973 1st ex.s. c 212 § 12.]
*Reviser's note: this 1973 amendatory act', see note following
RCW 84.34.030.
84.34.111 Remedies available to owner liable for ad-
ditional tax. The owner of any land as to which addi-
tional tax is imposed as provided in *this 1973
amendatory act shall have with respect to valuation of
the land and imposition of the additional tax all reme-
dies provided by Title 84 RCW. [1973 1st ex.s. c 212 §
13.]
*Reviser's note: 'this 1973 amendatory act ", see note following
RCW 84.34.030.
84.34.121 Information required. The assessor may
require owners of land classified under this chapter to
submit pertinent data regarding the use of the land,
productivity of typical crops, and such similar informa-
tion pertinent to continued classification and appraisal of
the land. [1973 1st ex.s. c 212 § 14.]
84.34.131 Valuation of timber not affected. Nothing
in *this 1973 amendatory act shall be construed as in
any manner affecting the method for valuation of timber
standing on timber land which has been classified under
the provisions of *this 1973 amendatory act. [1973 1st
ex.s. c 212 § 16.]
*Reviser's note: 'this 1973 amendatory act ", see note following
RCW 84.34.030.
84.34.141 Rules and regulations. The department of
revenue of the state of Washington shall make such
rules and regulations consistent with the provisions of
*this 1973 amendatory act as shall be necessary or de-
sirable to permit its effective administration. [1973 1st
ex.s. c 212 § 17.]
*Reviser's note: 'this 1973 amendatory act', see note following
RCW 84.34.030.
84.34.145 Advisory committee. The county legislative
authority shall appoint a five member committee repre-
senting the active farming community within the county
to serve in an advisory capacity to the county assessor in
implementing assessment guidelines as established by
the department of revenue for the assessment of open
space, farms and agricultural lands, and timber lands
classified pursuant to *this 1973 amendatory act. [1973
1st ex.s. c 212 § 11.]
*Reviser's note: 'this 1973 amendatory act', see note following
RCW 84.34.030.
84.34.150 Reclassification of land classified under
prior law which meets definition of farm and agricultural
land. Land classified under the provisions of chapter 84-
.34 RCW prior to July 16, 1973 which meets the defini-
tion of farm and agricultural land under the provisions
of *this 1973 amendatory act, upon request for such
change made by the owner to the county assessor, shall
be reclassified by the county assessor under the provi-
sions of *this 1973 amendatory act. This change in
classification shall be made without additional tax, pen-
alty, or other requirements: Provided, That subsequent
to such reclassification, the land shall be fully subject to
the provisions of chapter 84.34 RCW, as now or hereaf-
ter amended. [1973 1st ex.s. c 212 § 15.]
*Reviser's note: "this 1973 amendatory act ", see note following
RCW 84.34.030.
84.34.155 Reclassification of land classified as tim-
ber land which meets definition of forest land under
chapter 84.33 RCW. Land classified under the provisions
of chapter 84.34 RCW as timber land which meets the
definition of forest land under the provisions of chapter
84.33 RCW, upon request for such change made by the
owner to the county assessor, shall be reclassified by the
county assessor under the provisions of chapter 84.33
RCW. This change in classification shall be made with-
out additional tax, penalty, or other requirements set
forth in chapter 84.34 RCW: Provided, That subsequent
to such reclassification, the land shall be fully subject to
the provisions of chapter 84.33 RCW, as now or hereaf-
ter amended. [1973 1st ex.s. c 212 § 19.]
84.34.160 Information on current use classifica-
tion— Publication and dissemination. The department
of revenue and each local assessor is hereby directed to
publicize the qualifications and manner of making ap-
plications for current use classification. Whenever possi-
ble notice of the qualifications, method of making
applications, and availability of further information on
current use classification shall be included with the sec-
ond half property tax statements for 1973, and thereaf-
ter, shall be included with every notice of change in
valuation of unplatted lands. [1973 1st ex.s. c 212 § 18.]
84.34.200 Acquisition of open space, etc. land or
rights to future development by counties, cities or metro-
politan municipal corporations — Legislative declara-
tion Purposes. The legislature finds that the
haphazard growth and spread of urban development is
encroaching upon, or eliminating, numerous open areas
and spaces of varied size and character, including many
devoted to agriculture, the cultivation of timber, and
other productive activities, and many others having sig-
nificant recreational, social, scenic, or esthetic values.
Such areas and spaces, if preserved and maintained in
their present open state, would constitute important as-
sets to existing and impending urban and metropolitan
Open Space, Etc. Lands -- Conservation Futures 84.34.220
development, at the same time that they would continue
to contribute to the welfare and well –being of the citi-
zens of the state as a whole. The acquisition of interests
or rights in real property for the preservation of such
open spaces and areas constitutes a public purpose for
which public funds may properly be expended or ad-
vanced. [1971 ex.s. c 243 § I.]
84.34.210 Acquisition of open space, etc. land or
rights to future development by counties, cities, metro-
politan municipal corporations or nonprofit nature con-
servancy corporation or association Authority to
acquire -- Conveyance or lease back. Any county, city,
town, or metropolitan municipal corporation, or non-
profit nature conservancy corporation or association, as
such are defined in RCW 84.34.250, may acquire by
purchase, gift, grant, bequest, devise, lease, or otherwise,
except by eminent domain, the fee simple or any lesser
interest, development right, easement, covenant, or other
contractual right necessary to protect, preserve, main-
tain, improve, restore, limit the future use of, or other-
wise conserve, selected open space land, farm and
agricultural land, and timber land as such are defined in
chapter 84.34 RCW for public use or enjoyment. Among
interests that may be so acquired are mineral rights.
Any county, city, town, metropolitan municipal corpora-
tion, or nonprofit nature conservancy corporation or as-
sociation, as such are defined in RCW 84.34.250, may
acquire such property for the purpose of conveying or
leasing the property back to its original owner or other
person under such covenants or other contractual ar-
rangements as will limit the future use of the property in
accordance with the purposes of *this 1971 amendatory
act. [1975 –'76 2nd ex.s. c 22 § 1; 1971 ex.s. c 243 § 2.]
*Reviser's note: 'this 1971 amendatory act" (1971 ex.s. c 2431 con-
sists of RCW 39.33,060, 57.08.140, 84.34.200 - 84.34.240, 84.34.920,
and to the 1971 amendment to RCW 84.52.010.
Acquisition of interests in land for conservation, protection, preser-
vation, or open space purposes by state agencies, counties, cities, towns,
metropolitan municipal corporations, or nonprofit nature conservancy
corporations: RCW 64.04.130.
84.34.220 Acquisition of open space, etc. land or
rights to future development by counties, cities, metro-
politan municipal corporations or nonprofit nature con-
servancy corporation or association — Developmental
rights "Conservation futures" Acquisition Restrictions. In accordance with the authority granted in
RCW 84.34.210, a county, city, town, metropolitan mu-
nicipal corporation, or nonprofit nature conservancy cor-
poration or association, as such are defined in RCW
84.34.250, may specifically purchase or otherwise ac-
quire, except by eminent domain, rights in perpetuity to
future development of any open space land, farm and
agricultural land, and timber land which are so desig-
nated under the provisions of chapter 84.34 RCW and
taxed at current use assessment as provided by that
chapter. For the purposes of *this 1971 amendatory act,
such developmental rights shall be termed "conservation
futures ". The private owner may retain the right to con-
tinue any existing open space use of the land, and to de-
velop any other open space use, but, under the terms of
purchase of conservation futures, the county, city, town,
(Title $4 RCW (1979 Ed.) —p 391
84.34.220 Title 84 RCW: Property Taxes
metropolitan municipal corporation, or nonprofit nature
conservancy corporation or association, as such are de-
fined in RCW 84.34.250, may forbid or restrict building
thereon, or may require that improvements cannot be
made without county, city, town, metropolitan municipal
corporation, or nonprofit nature conservancy corporation
or association, as such are defined in RCW 84.34.250,
permission. The land may be alienated or sold and used
as formerly by the new owner, subject to the terms of
the agreement made by the county, city, town, metro-
politan municipal corporation, or nonprofit nature con-
servancy corporation or association, as such are defined
in RCW 84.34.250, with the original owner. [1975 –'76
2nd ex.s. c 22 § 2; 1971 ex.s. c 243 § 3.]
•Reviser's Dote: "this 1971 amendatory act' (1971 ex.s. c 243] con-
sists of RCW 39.33.060, 57.08.140, 84.34.200 - 84.34.240, 84.34.920
and the 1971 amendment to RCW 84.52.010.
84.34.230 Acquisition of open space, etc. land or
rights to future development by counties, cities, metro-
politan municipal corporations or nonprofit nature con-
servancy corporation or association Property tax levy
authorized. For the purpose of acquiring conservation
futures as well as other rights and interests in real prop-
erty pursuant to RCW 84.34.210 and 84.34.220, a
county may levy an amount not to exceed six and one –
quarter cents per thousand dollars of assessed valuation
against the assessed valuation of all taxable property
within the county, which levy shall be in addition to that
authorized by RCW 84.52.050 and 84.52.043. [1973 1st
ex.s. c 195 § 94; 1973 1st ex.s. c 195 § 145; 1971 ex.s. c
243 §4.]
Severabillty— Effective dates and termination dates---Construc-
tion-1973 1st ex.s. c 195: See notes following RCW 84.52.043.
84.34.240 Acquisition of open space, etc. land or
rights to future development by counties, cities, metro-
politan municipal corporations or nonprofit nature con-
servancy corporation or association — Conservation
futures fund. Any board of county commissioners may
establish by resolution a special fund which may be
termed a conservation futures fund to which it may
credit all taxes levied pursuant to RCW 84.34.230.
Amounts placed in this fund may be used solely for the
purpose of acquiring rights and interests in real property
pursuant to the terms of RCW 84.34.210 and 84.34.220.
Nothing in this section shall be construed as limiting in
any manner methods and funds otherwise available to a
county for financing the acquisition of such rights and
interests in real property. [ 1971 ex.s. c 243 § 5.]
84.34.250 Nonprofit nature conservancy corporation
or association defined. As used in RCW 84.34.210, as
now or hereafter amended, and RCW 84.34.220, as now
or hereafter amended, "nonprofit nature conservancy
corporation or association" means an organization which
qualifies as being tax exempt under 26 U.S.C. section
501(c) (of the Internal Revenue Code) as it exists on
June 25, 1976 and one which has as one of its principal
purposes the conducting or facilitating of scientific re-
search; the conserving of natural resources, including but
[Titie 84 RCW (1979 Ed.)—p 40)
not limited to biological resources, for the general pub-
lic; or the conserving of open spaces, including but not
limited to wildlife habitat to be utilized as public access
areas, for the use and enjoyment of the general public.
[ 1975 –'76 2nd ex.s. c 22 § 4.]
84.34.300 Special benefit assessments for farm and
agricultural land Legislative findings— Purpose.
The legislature finds that farming and the related agri-
cultural industry have historically been and currently are
central factors in the economic and social lifeblood of
the state; that it is a fundamental policy of the state to
protect agricultural lands as a major natural resource in
order to maintain a source to supply a wide range of ag-
ricultural products; and that the public interest in the
protection and stimulation of farming and the agricul-
tural industry is a basic element of enhancing the eco-
nomic viability of this state. The legislature further finds
that farmland in urbanizing areas is often subjected to
high levels of property taxation and benefit assessment,
and that such levels of taxation and assessment encour-
age and even force the premature removal of such lands
from agricultural uses. The legislature further finds that
because of this level of taxation and assessment, such
farmland in urbanizing areas is either converted to non-
agricultural uses when significant amounts of nearby
nonagricultural area could be suitably used for such
nonagricultural uses, or, much of this farmland is left in
an unused state. The legislature further finds that with
the approval by the voters of the Fifty –third Amend-
ment to the state Constitution and with the enactment of
chapter 84.34 RCW, the owners of farmlands were pro-
vided with an opportunity to have such land valued on
the basis of its current use and not its "highest and best
use" and that such current use valuation is one mecha-
nism to protect agricultural lands. The legislature fur-
ther finds that despite this potential property tax
reduction, farmlands in urbanized areas are still subject
to high levels of benefit assessments and continue to be
removed from farm uses.
It is therefore the purpose of the legislature to estab-
lish, with the enactment of RCW 84.34.300 through
84.34.380, another mechanism to protect agricultural
land which creates an analogous system of relief from
certain benefit assessments for farm and agricultural
land. It is the intent of the legislature that special bene-
fit assessments not be imposed for the availability of
sanitary and /or storm sewerage service, or domestic wa-
ter service, or for road construction and /or improvement
purposes on farm and agricultural lands which have
been designated for current use classification as farm
and agricultural lands until such lands are withdrawn or
removed from such classification.
The legislature finds, and it is the intent of RCW
84.34.300 through 84.34.380 and 84.34.922, that special
benefit assessments for the improvement or construction
of sanitary and /or storm sewerage service, or domestic
water service, or certain road construction do not gener-
ally benefit land which has been classified as open space
farm and agricultural land under the open space act,
chapter 84.34 RCW, until such land is withdrawn from
such classification or such land is used for a more in-
tense and nonagricultural use. The purpose of RCW
84.34.300 through 84.34.380 and 84.34.922 is to provide
an exemption from certain special benefit assessments
which do not benefit open space farm and agricultural
land, and to provide the means for local governmental
entities to recover such assessments in current dollar
value in the event such land is no longer devoted to
farming under chapter 84.34 RCW. Where the owner of
such land chooses to make limited use of improvements
related to special benefit assessments, RCW 84.34.300
through 84.34.380 and 84.34.922 provides the means for
the partial assessment on open space farmland to the
extent the land is directly benefited by the improvement.
[1979 c 84 § 1.]
84.34.310 Special benefit assessments for farm and
agricultural land Definitions. As used in RCW
84.34.300 through 84.34.380, unless a different meaning
is required, the words defined in this section shall have
the meanings indicated.
(1) "Farm and agricultural land" shall mean the same
as defined in RCW 84.34.020(2).
(2) "Local government" shall mean any city, town,
county, sewer district, water district, public utility dis-
trict, port district, irrigation district, flood control dis-
trict, or any other municipal corporation, quasi
municipal corporation, or other political subdivision
authorized to levy special benefit assessments for sani-
tary and /or storm sewerage systems, domestic water
supply and /or distribution systems, or road construction
or improvement purposes.
(3) "Local improvement district" shall mean any local
improvement district, utility local improvement district,
local utility district, road improvement district, or any
similar unit created by a local government for the pur-
pose of levying special benefit assessments against prop-
erty specially benefited by improvements relating to such
districts.
(4) "Owner" shall mean the same as defined in RCW
84.34.020(5) or the applicable statutes relating to spe-
cial benefit assessments.
(5) The term "average rate of inflation" shall mean
the annual rate of inflation as determined by the de-
partment of revenue averaged over the period of time as
provided in RCW 84.34.330 (1) and (2). Such determi-
nation shall be published not later than January 1 of
each year for use in that assessment year.
(6) "Special benefit assessments" shall mean special
assessments levied or capable of being levied in any local
improvement district or otherwise levied or capable of
being levied by a local government to pay for all or part
of the costs of a local improvement and which may be
levied only for the special benefits to be realized by
property by reason of that local improvement. [ 1979 c
84 § 2.]
84.34.320 Special benefit assessments for farm and
agricultural land Exemption from assessment
Procedures relating to exemption — Constructive notice
of potential liability Waiver of exemption. Any farm
Open Space, Etc. Lands— Conservation Futures 84.34.320
and agricultural land which is designated for current use
classification pursuant to chapter 84.34 RCW at the
earlier of the times the legislative authority of a local
government adopts a resolution, ordinance, or legislative
act (1) to create a local improvement district, in which
such land is included or would have been included but
for such classification designation, or (2) to approve or
confirm a final special benefit assessment roll relating to
a sanitary and /or storm sewerage system, domestic wa-
ter supply and /or distribution system, or road construc-
tion and /or improvement, which roll would have
included such land but for such classification designa-
tion, shall be exempt from special benefit assessments or
charges in lieu of assessment for such purposes as long
as that land remains in such classification, except as
otherwise provided in RCW 84.34.360.
Whenever a local government creates a local improve-
ment district, the levying, collection and enforcement of
assessments shall be in the manner and subject to the
same procedures and limitations as are provided pursu-
ant to the law concerning the initiation and formation of
local improvement districts for the particular local gov-
ernment. Notice of the creation of a local improvement
district that includes farm and agricultural land shall be
filed with the county assessor and the legislative author-
ity of the county in which such land is located. The
county assessor, upon receiving notice of the creation of
such a local improvement district, shall send a notice to
the owner of the farm and agricultural lands listed on
the tax rolls of the applicable county treasurer of: (1)
the creation of the local improvement district; (2) the
exemption of that land from special benefit assessments;
(3) the fact that the farm and agricultural land may be-
come subject to the special benefit assessments if the
owner waives the exemption by filing a notarized docu-
ment with the governing body of the local government
creating the local improvement district before the con-
firmation of the final special benefit assessment roll; and
(4) the potential liability, pursuant to RCW 84.34.330,
if the exemption is not waived and the land is subse-
quently removed from the farm and agricultural land
status. When a local government approves and confirms
a special benefit assessment roll, from which farm and
agricultural land has been exempted pursuant to this
section, it shall file a notice of such action with the
county assessor and the legislative authority of the
county in which such land is located and with the trea-
surer of that local government, which notice shall de-
scribe the action taken, the type of improvement
involved, the land exempted, and the amount of the spe-
cial benefit assessment which would have been levied
against the land if it had not been exempted. The filing
of such notice with the county assessor and the treasurer
of that local government shall constitute constructive
notice to a purchaser or encumbrancer of the affected
land, and every person whose conveyance or encum-
brance is subsequently executed or subsequently re-
corded, that such exempt land is subject to the charges
provided in RCW 84.34.330 and 84.34.340 if such land
is withdrawn or removed from its current use classifica-
tion as farm and agricultural land.
(Title 84 RCW (1979 Ed.) —p 411
84.34.320 Title 84 RCW: Property Taxes
The owner of the land exempted from special benefit
assessments pursuant to this section may waive that ex-
emption by filing a notarized document to that effect
with the legislative authority of the local government
upon receiving notice from said local government con-
cerning the assessment roll hearing and before the local
government confirms the final special benefit assessment
roll. A copy of that waiver shall be filed by the local
government with the county assessor, but the failure of
such filing shall not affect the waiver.
Except to the extent provided in RCW 84.34.360, the
local government shall have no duty to furnish service
from the improvement financed by the special benefit
assessment to such exempted land. [1979 c 84 § 3.]
84.34.330 Special benefit assessments for farm and
agricultural land Withdrawal from classification or
change in use Liability Amount Due
date -- -Lien. Whenever farm and agricultural land has
once been exempted from special benefit assessments
pursuant to RCW 84.34.320, any withdrawal from
classification or change in use from farm and agricul-
tural land under chapter 84.34 RCW shall result in the
following:
(1) If the bonds used to fund the improvement in the
local improvement district have not been completely re-
tired, such land shall immediately become liable for: (a)
The amount of the special benefit assessment listed in
the notice provided for in RCW 84.34.320; plus (b) in-
terest on the amount determined in (1)(a) of this sec-
tion, compounded annually at a rate equal to the
average rate of inflation from the time the initial notice
is filed by the governmental entity which created the lo-
cal improvement district as provided in RCW 84.34.320
to the time the owner withdraws such land from the ex-
emption category provided by this chapter; or
(2) If the bonds used to fund the improvement in the
local improvement district have been completely retired,
such land shall immediately become liable for: (a) The
amount of the special benefit assessment listed in the
notice provided for in RCW 84.34.320; plus (b) interest
on the amount determined in (2)(a) of this section com-
pounded annually at a rate equal to the average rate of
inflation from the time the initial notice is filed by the
governmental entity which created the local improve-
ment district as provided in RCW 84.34.320, to the time
the bonds used to fund the improvement have been re-
tired; plus (c) interest on the total amount determined in
(2) (a) and (b) of this section at a simple per annum
rate equal to the average rate of inflation from the time
the bonds used to fund the improvement have been re-
tired to the time the owner withdraws such lands from
the exemption category provided by this chapter.
(3) The amount payable pursuant to this section shall'
become due on the date such land is withdrawn or re-
moved from its current use classification and shall be a
lien on the land prior and superior to any other lien
whatsoever except for the lien for general taxes, and
shall be enforceable in the same manner as the collection
of special benefit assessments are enforced by that local
government. [1979 c 84 § 4.]
Wilk 84 RCW (1979 Ed.) --p 42)
84.34.340 Special benefit assessments for farm and
agricultural land Withdrawal or removal from classi-
fication— Notice to local government Statement to
owner of amounts payable -- Delinquency date —En-
forcement procedures. Whenever farm and agricultural
land is withdrawn or removed from its current use class-
ification as farm and agricultural land, the county as-
sessor of the county in which such land is located shall
forthwith give written notice of such withdrawal or re-
moval to the local government or its successor which had
filed with the assessor the notice required by RCW
84.34.320. Upon receipt of the notice from the assessor,
the local government shall mail a written statement to
the owner of such land for the amounts payable as pro-
vided in RCW 84.34.330. Such amounts due shall be
delinquent if not paid within one hundred and eighty
days after the date of mailing of the statement, and shall
be subject to the same interest, penalties, lien priority,
and enforcement procedures that are applicable to delin-
quent assessments on the assessment roll from which
that land had been exempted, except that the rate of in-
terest charged shall not exceed the rate provided in
RCW 84.34.330. [1979 c 84 § 5.]
84.34.350 Special benefit assessments for farm and
agricultural land Use of payments collected. Pay-
ments collected pursuant to RCW 84.34.330 and
84.34.340, or by enforcement procedures referred to
therein, after the payment of the expenses of their col-
lection, shall first be applied to the payment of general
or special debt incurred to finance the improvements re-
lated to the special benefit assessments, and, if such debt
is retired, then into the maintenance fund or general
fund of the governmental entity which created the local
improvement district, or its successor, for any of the fol-
lowing purposes: (1) Redemption or servicing of out-
standing obligations of the district; (2) maintenance
expenses of the district; or (3) construction or acquisi-
tion of any facilities necessary to carry out the purpose
of the district. [1979 c 84 § 6.]
84.34.360 Special benefit assessments for farm and
agricultural land Rules to implement RCW 84.34.300
through 84.34.380. Within ninety days after June 7,
1979, the department of revenue shall adopt rules it
shall deem necessary to implement RCW 84.34.300
through 84.34.380 which shall include, but not be lim-
ited to, procedures to determine the extent to which a
portion of the land otherwise exempt may be subject to a
special benefit assessment for the actual connection to
the domestic water system or sewerage facilities, and
further to determine the extent to which all or a portion
of such land may be subject to a special benefit assess-
ment for access to the road improvement in relation to
its value as farm and agricultural land as distinguished
from its value under more intensive uses. The provision
for limited special benefit assessments shall not relieve
such land from liability for the amounts provided in
RCW 84.34.330 and 84.34.340 when such land is with-
drawn or removed from its current use classification as
farm and agricultural land. [1979 c 84 § 7.]
•
84.34.370 Special benefit assessments for farm and
agricultural land Assessments due on land withdrawn
or changed. Whenever a portion of a parcel of land
which was classified as farm and agricultural land pur-
suant to this chapter is withdrawn from classification or
there is a change in use, and such land has been ex-
empted from any benefit assessments pursuant to RCW
84.34.320, the previously exempt benefit assessments
shall become due on only that portion of the land which
is withdrawn or changed. [ 1979 c 84 § 8.]
84.34.900 Severability 1970 ex.s. c 87. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or cir-
cumstances is not affected. [1970 ex.s. c 87 § 15.]
84.34.910 Effective date -1970 ex.s. c 87. The
provisions of this act shall take effect on January 1,
1971. [ 1970 ex.s. c 87 § 16.]
84.34.920 Severability 1971 ex.s. c 243. If any
provision of this act, or its application to any person or
circumstance is held invalid, the remainder of the act, or
the application of the provision to other persons or cir-
cumstances is not affected. [ 1971 ex.s. c 243 § 9.]
84.34.921 Severability 1973 1st ex.s. c 212. If
any provision of this 1973 amendatory act, or its appli-
cation to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision
to other persons or circumstances is not affected. [1973
1st ex.s. c 212 § 20.]
84.34.922 Severability 1979 c 84. If any provi-
sion of this act, or its application to any person or cir-
cumstance is held invalid, the remainder of the act, or
the application of the provision to other persons or cir-
cumstances is not affected. [1979 c 84 § 11.1
Exemptions
84.34.380 Special benefit assessments for farm and
agricultural land Application of exemption to rights
and interests preventing nonagricultural uses. Farm and
agricultural land on which the right to future develop-
ment has been acquired by any local government, the
state of Washington, or the United States government
shall be exempt from special benefit assessments in lieu
of assessment for such purposes in the same manner, and
under the same liabilities for payment and interest, as
land classified under this chapter as farm and agricul-
tural land, for as long as such classification applies.
Any interest, development right, easement, covenant,
or other contractual right which effectively protects, 84.36.048
preserves, maintains, improves, restores, prevents the fu-
ture nonagricultural use of, or otherwise conserves farm
and agricultural land shall be exempt from special bene-
fit assessments as long as such development right or
other such interest effectively serves to prevent nonagri-
cultural development of such land. [ 1979 c 84 § 9.]
Sections
84.36.005 Property subject to taxation.
84.36.010 Public property exempt.
84.36.020 Cemeteries, churches, parsonages, convents and
grounds.
84.36.030 Property used for character building, benevolent, pro-
tective or rehabilitative social services —Camp fa-
cilities—Veteran or relief organization owned
property— Rental, effect.
84.3b.031 Property used for character building, benevolent, pro-
tective or rehabilitative social services — Property
not exempt.
84.36.032 Administrative offices of nonprofit religious
organizations.
84.36.035 Nonprofit organization engaged in procuring, process-
ing, etc. blood, plasma or blood products.
84.36.040 Libraries, orphanages, day care centers, nursing
84.36.045
84.36.047
84.36.050
84.36.060
84.36.070
84.36.079
84.36.080
84.36.090
84.36.100
84.36.105
84.36.110
84.36.120
84.36.130
84.36.140
84.36.150
84.36.160
84.36.161
84.36.162
84.36.176'
84.36.181
84.36.190
84.36.191
84.36.210
84.36.230
84.36.240
84.36.250
Chapter 84.36
EXEMPTIONS
Chapter 84.36
homes, hospitals.
Nonprofit organization property available without
charge for medical research or training of medical
personnel.
Nonprofit organization property used for transmission
or reception of radio or television signals originally
broadcast by governmental agencies.
Administration of exemption contained in RCW
84.36.047.
Schools and colleges.
Art, scientific and historical collections and property
used to maintain, etc. such collections, fire compa-
nies, humane societies.
Intangibles exempt.
Rights, title, interest, and materials of certain vessels
under construction.
Ships and vessels in interstate or foreign commerce
partially exempt.
Other ships and vessels.
Size of vessel immaterial.
Cargo containers used in ocean commerce.
Household goods and personal effects—Three hun-
dred dollars actual value to head of family.
Household goods and personal effects — Definitions.
Airport property in this state belonging to municipali-
ties of adjoining states.
Exemption of grains, flour, fruit, vegetables, fish and
unprocessed timber — Limitation —Proof of
shipment.
Exemption of grains, flour, fruit, vegetables, fish and
unprocessed timber — Listing and subsequent can-
cellation— Proof.
Exemption of grains, flour, fruit, vegetables, fish and
unprocessed timber — Definitions.
Exemption of grains, flour, fruit, vegetables, fish and
unprocessed timber — Construction of RCW 84-
.36.140, 84.36.150, 84.36.160 and 84.36.162- -
Effect on other acts.
Exemption of grains, flour, fruit, vegetables, fish and
unprocessed timber — Purpose.
Plywood, hardboard and particle board panels in
transit.
Ores, metals from out of state in process of reduction
or refinement.
Metals in cathode or bar form for sale and held un-
der negotiable warehouse receipt.
Metals in cathode or bar form for sale and held un-
der negotiable warehouse receipt — Purpose and
construction.
Public right of way easements.
Interstate bridges — Reciprocity. .
Soil and water conservation districts, personal
property.
Water distribution property owned by nonprofit cor-
poration or cooperative association.
(Title 84 RCW (1979 Ed.) —p 431
City of Tukwila
1'I'1 77 39th *Avenue Sou Iii
Tukwila, Washington 98067
Attention:
Dear Mr. Moss:
August 1, 1972
Delbert Moss, Planning Coordinator
Tn reply to your letter of July 26, 1972, I am attaching the
following documents and herein supply pertinent information:
Referring to the "Tnstructions For Making Application for Current
Use Assessment" enclosed in your letter
APPLICATION DOCUMENTS
1. T am submitting 3 copies rather than an original and
2 copies. I feel that this should be permissible as •
T sent an original and a copy, properly si!ned, on April 26.
2. LEGAL DFSCRTPTION
a. The legal description-set forth in my original application
was taken from the current tax statements as permitted in
a. of the instruction sheet. As you say that this
description was inadequate, I am happy to attach a copy
of the description in greater detail. Some of it may
appear illegible, but because of time scarcity, I am
submitting it anyway and will be glad to supply better
copies if the situation warrants them.
•
J•
b. This property is in one parcel.
The request for the property is for a single classification.
c. I will be on hand to justify documentation, if necessary,
at a public hearing.
ASSESSOR'S MAPS
a. According to instructions
.b. Designated as No. 1
c. One classification - agricultural
c. Five (5) test hole borings were made in 1962 by the
following firms - A.A. Kelley and Associates, Civil and
Structural Engineers
J.J. Sleavin and Associates, Professional
Engineers and Land Surveyors
All holes were opened to a depth of twelve (12) feet.
Borings were also performed in this vicinity by the U.S.
Corps of Engineers, Seattle, as recorded on File No.
E- 12 -7 -6. Information from these borings verified•the
above -named engineers' results. Organic material was ,
found at all levels of excavation. Typically the soil
profile consists of three to four feet of sandy loam
overlaying sandy silt and sand with the water table at
10 to 15 feet below ground surface.
•
■
Page Two
city of Tukwila
h. noes not apply.
Attachments
5. Photographs s attached showing this land as typically
,agricultural in its present usc. (this photograph made
.lnly, 1972 by Charles Lund, Seattle.)
Also enclosed is a check to the City of Tukwila as specified under
"Filing of Application." As T understand the computation, 550.00
covets the base filing fee and $1.00 per acre is additionally required.
As this request includes 36 acres, I attach a check for $86.00.
Sincerely,
(Mrs.) Frances. C. North
Box 441
North Bend, Wa. 98045
CITY of TUKWILA
Dear Mrs. North:
DFM /lmt
Enclosure: as
Frank Todd, Mayor
14475 - 59TH AVENUE SOUTH
TUKWILA, WASHINGTON 98067
26 July 1972
Mrs.SFrances North
Box 1.41
North Bend, Washington 98045
Sincerply
PLANNING DEPARTMENT
This office, in conducting a preliminary review of your application for
Open -Space Land Classification dated 25 April 1972, found the application
to be incomplete.
Enclosed herewith are a copy, of the instructions and a Justification Form
to be completed. As stated in paragraph #3 of the instruction sheet, an
assessor's map must be used to identify the area concerned. This office
would appreciate receiving at least two (2) copies of the assessor's map.
In addition, the legal description as shown on the application is not .
totally discernible. It would be greatly appreciated by this office and
the Planning Commission if you would provide a complete legal description
which is more distinct.
Also, the filing fee for this application is fifty dollars base fee,
plus one dollar per acre. The total fee is eighty —six dollars.
This office has scheduled a work session with the Planning Commission
for Thursday, 3 August 1972. One of the topics of discussion will be
your application. Therefore, we will need the information and filing
fee as requested prior to that date.
If we can be of further assistance in any way, please do not hesitate
to contact us at CH 4 -6290.
Delbert F. Moss
Planning Coordinator
C
Frank Todd, Mayor
CITY of TUKWI
14475 - 59TH AVENUE SOUTH
TUKWILA, WASHINGTON 98067
14 February 1973
Mr. John Hertz
King County Department of Assessments
Seattle, Washington 98104
Dear Mr. Hertz:
Please find enclosed one (1) copy of Certificate of
Agreement, complete with all interested signatures,
in regard to the Current Use Assessment Agreement
between the City of Tukwila and trustees of the
Codiga estate.
If any additional information is required to complete
this agreement, please contact me.
GC /lt
Encl: as
Sincerely,
ary chfiel
Pla ing Techn
PLANNING DEPARTMENT
an
C,
CITY D F TUKWILA •
14475 - 59TH AVENUE SOUTH
TUKWILA, WASHINGTON 98067
14 February 1973
Mrs. Frances C. North
Box 441
North Bend, Washington 98045
Dear Mrs. North:
Hopefully, this will complete all required steps
in regard to the Agreement.
Bestbf luck in the legislature.
GC /lt
Frank Todd, Mayor
Please find enclosed one copy of the Certificate of
Agreement for your records. I have forwarded one
copy to King County and attached the other copy
to the City's file of the Current Use Assessment
Agreement.
Sincerely, •
y C •• tc field
Plan ng Technici
PLANNING DEPARTMENT
FRANCES C. NORTH
FORTY•SEVENTH DISTRICT
DO% 441
NORTH BEND 90045
TELEPHONE: 000.0792
Department of Planning
City of Tukwila
Tukwila, Washington 98188
February 9, 1973
Amu .off larpresattatives
STATE OF WASHINGTON
OLYMPIA
COMM!
ATTENTION: Gary
Dear Gary:
Enclosed are the properly completed forms relative
to the Codiga Open Space Argricultural application. I
hope you will find everything in order.
I'm sorry it took so long but one of the sets of
forms had to go to Spokane, thus the delay.
With best wishes,
FN /dsk
Frances North
THIRD LEGISLATURE
1573.71
APPROPRIATIONS, VICE•CHAIRMAN
PARKS AND RECREATION
LOCAL. GOVERNMENT
As owners of the herein described land we indicate by our
signatures that we are aware of the potential tax liability
and hereby accept the classification and conditions of this
Agreement. This Certificate of Agreement shall be attached
to the Current Use Assessment Agreement, between the undersigned
and the City of Tukwila, received by the City Council of the
City of Tukwila 10 October 1972.
Frances C. North
Subscribed and swo to before me this
day of , 1973.
Subscribed and swo
( day of
•
•
\; - 'c1) c ®Q AA
James\ Codiga
Subscribed and sworn to before me this
day of - rd). , 1973.
•
Notary Public
Notary Publ
Nota
y
CERTIFICATE OF AGREEMENT
bli
Notary Public
e - )
Emma G. Lund
before me this
1973.
f
Jack ,E. Voss
Subscribed and sworn to before me this
0 25 - a day of , 1973;
between
This indenture, mode this
James Codiga
the Left bank of
on the following described property:
5928214
Or: this day appeared before me
RIVER PROTECTION EA.EMENT
26th
day of
Duwamish
August
Cr) Grantor, and King County, a legal subdi vision of the State of Washington, Grantee:
VIITNESSETH, that first party, in consideration of Two Thousand Three Hundred Sixty Dollars ($23601
receipt of which is acknowledged, and the benefits which will accrue to the land of Grantor by the
exercise of the rights herein granted, do hereby remise, release and forever grant unto the Grantee,
its successors and assigns, an easement and right -of -way for the purposes hereinafter stated along
,
T.L. 1
That portion of the Cyrus C. Lewis D.C. No. 37 described as follows:
Beginning on the Northwesterly margin of a Private Roadway 16 ft. _ wide at ,t
a point 1210 ft. more or less .East and 180 ft. more or less North of the
Northwest corner of the S. Foster D.C. No. 38, thence - N. 40 ° 36' East 168.2
ft. to true point of beginning, thence. N. 29 ° 4 8 '55" West 510 ft. more or less
to the Bank of Duwamish River, thence Easterly along said River Bank to a
point which bears N. 4.0 ° 36' East 612.8 ft.. more or less from point of
beginning, thence southerly 16 ft., thence S. 4.0 ° 36' West 1958 ft. more or
less to a point 20 ft. from the'Northeasterly margin of the P.S.E Ry. right -
of -way, thence S. 49 °24' West on a line parallel with and 20 ft. distance
from the Northeasterly margin of said P.S.E. Ry. right of way, a distance
of 20 ft., thence S. 40 ° 36' West 20 ft. to Northeasterly margin of P.S.E.
Ry. right -of -way, thence N. 49 °24' West 36 ft. more or .less to the inter-
section with the Northwesterly margin of Private Road..16.ft. wide thence
N. 40 ° 36' East along said roadway to true point of beginning. Southeasterly
16 ft. strip and 20 ft. strip adjacent to be used as . a . joint roadway for a
portion of the C.C. Lewis D.C. and the. S. Foster D.C.., ,less beginning at the
intersection of the Northwesterly margin of private roadway 16 ft. wide
with the Bank of Duwamish River, thence S. 40 ° 36' West 80 feet more or less
thence N. 49 ° �4' West 40 ft., thence N. 40 ° 36' East, 81 ft. more or less to
the Bank of Duwamish River, thence Southeasterly along said bank to point
of beginning;
Said Easement is described as follows: A strip of land 30 ft. in width ._ .
lying Southwesterly of and adjacent to a . line which .is. feet Southwesterly
of and ptitallel to a line debci•ibed follows:
Beginning at a point S. 25 ° 23'10" East a distance of 2$27.20 ft. from
the West quarter corner of Sec. 11, Twp.23 N.R. 4 E.W.M. said point being
Engr. Sta. P.C. 3 +39.59 of King County Survey No. 14- 23 -4 -14, thence S.2
59'40" East a distance of 100.00 ft. to the true point of beginning, thence
N. 24 ° 59'4. 0 " West a distance of 100.00 ft., thence along the arc of a curve
to the left having a radius of 636.62 ft., a distance of 712.39 ft., thence
N. 89 °06'34" West a distance of 185.08 ft., thence along the arc of a curve.
to the right having a radius of • 50.0 ft. a distance of 86.93 ft., thence,
N. 10 °29'56" East a distance of 1.3.70 ft. to a terminus at Sta. 28 +90.92
of "X" line of State Highway survey for relocation of Steel Hill Bridge.
Sec 11 and 14, Twp. 23 Ti P 1i W. M-
James A..Codiga
to me known to be the individual described in and who executed the foregoing instrument, and ,
ackr14wiedgei-l' me that he signed the same as his free and voluntary act
a de ed r •tvrFt<h i 6',,uses and purposes therein mentioned.
.
- , ver p r k zl er ; ,;tr ► y`' land and official seal this 26th sy of Augu
ti
pie ►,+�;(l�ii
, z 5 t,; • •
7-12-6 `' ik `
y Publi• in
ington, residin
•
t /Ian
R/1 ,, 2 "
# �5$a•
{
.1 at all
o main.
(.11; that
or Kim;
his been
, %emrnl,
equired
larly, at
general
3f eppli-
al MOWS-
of said
boon 50
LEGAL NOTICE'
NIrTICL (sr runt lc 1.1 nRING
31 a',I ;s' tort a 00P.M.
r n areal oven That the TUK•
t .1 PI ANNINC, COMMISSION will
a PL'PI IC HEARING On the above
J,Ur at the CITY HALL to consider a re
of ell Ion OPEN SPACE LAN() CLASSIFI.
C A T I O N of the following legally described
s` 006' ly:
lbl
House and Lot across River on Tax Lot
Feu IA) Section 11, Township 73, Range
a F W M : AND Tai Lot Four (41, Section
14 Township 73. Range 4 E.W.M,, King
County. Wash,ngton, the legal descrier.
two bring:
Pro N 0144'15" E 199.11' from hub at
eras e, curve on C In Duwamish Renton
Ann Rd SA hub 1Minq 406r00. 1100' te L
ant' W rl'. Cnr PM sec 14 and 25, Sec. 23.
Nmtue 1; thence S 40' 36'99 70' 10 RIW of
P5E Ry; thence N 49' 24' W ale sd RIW
376 71' to true beg; thence N 40 36' E
707.10' thence N 307010" W 1396.36';
thence N 6306'70" E 665' 10 tell bank 01
Duwamish River; thence Wly alg sd river
to E tine of land bought by E. Bouchero.
3116123 131: thence 5 111'30" E 343' m11;
thence S Se' 22'30" W 643.35'; thence N a?
4'30" W 701 61' mil to RIW PSE Ry;
thence S91y alg RAY 2333.91' to true beg •
NWIy 16' for joint Rd lel 1 4. 39 of Foster
DCI less beg at true pt of beg of above
desc: thence N 19'71' W 754.01; thence N
40'34' E 702.10'; thence S /rte. E 254.01';
d ending thence 5 q'3e' W 102.10' to beg also less
beg al true pt 01 beg of above desc; thence
0th dales thence 40� 36' E 731.10'90 true beg of this desc ;
thence N 4t'24' W 751.09'; Ibence N 4736'
lee sub' E 47' mil; thence S 3830'SO" E 231.73' m71
to true id period. Sec. 9S. Township 23 North, Range 4
E.W.M. King County, Washington; AND
acetic,. is Tax Lot 6, Section 14. Township 23, Range
4 E.W.M., King County. Washington, and
Tore particularly described as:
t fl`t• 0'•44
Beg on NWIy mon of 96' private rd at
hundrot pt1710 'mfIE.a.100'N1o1NWon,o1S
Foster D C. ; thence S 1 0 m1 36' W 413' thence
N 4924' W 310.71'; thence N 3070'50" W
1396. thence N 6304'70" E 665' m/1 to
Bank or Riv.; thence Sly and Sly alg rlv.
c ' topt which bears N79N' SS" W from beg:
thence SEIy 547' mil to beg (pt of Lewis &
5. Foster D. C.) also inl.In It 16'x0 ads less
1St por to Ono Ohrslrom R23/31 p9 I and 7 eiso
, less beg on NWIy mon of 16' private Rd at
• ' e pt 1700' E and 110' mil 1 of NW cor of
.I 5 Foster D. C.; thence 5 10' 36' W 415';
thence N 49' 24' W 310.21 to true beg;
thence N 33.30' S0" W 751.73' mil; thence
N b 36' E 432.63' mil; thence N 7r 41'
SS" W 13' mil t0 Left Bank of Duwamish
River; thence SEIy aig sd left bank t0 pt
soh bus N 11•411' W 79,S' fr NE cot this dem;
thence 5 29455" E to NE tort theist*
d 36' 11" W 447.37 M bog 1071 $sc. 1E.
w••k for
1m.ncing
Wash'
Tnwnshin • lnrin. Range a E, W M.,
kmu Col Vashululun. E P/ 411
11'81 puffin, of the Cyrus C. Lewis D. C.
i31 lying In Sections 10 and 15. Township
23, Range 4 E., W.M., described as fol.
lows '
Beginning at a point on the Northeast.
arty margin of the Puget Sound Power
Light Company Right of Way. N. 27 70'
35" W., from the quarter corner between
Sections 14 and 15, a distance of 1722,57
feel based on the North Zone Lambert
Grid System for the State of Washington.
Said point of beginning being also ihe S.W.
Corner of Mal certain tract of land con-
veyed to Frank Meneglia and VIIIorIe
Demarckl as recorded In Vol. 1513 al
Deeds, page 131. King County Auditor's
File No. 2693164. September 15, 1931;
thence N. 4f 13' 44" W. along said North.
easterly margin 1570.27 feel to the true
point of beginning; thence continuing
along said margin 200.00 feet: thence N.
41' 46' 16" E. (19,21' feet; thence S Ir
30' 14" E., 37/.22 het; (hence S 41'16' 16"
W 310.54 feet to the true point M begin.
nine: said property consisting of 4,912
square feet and being approximately
1.114 acre% and all of said property Is sus
sect to the following described easement
to the Suburban Propane Gas Company,
Inc.. to•wll:
A drip of land 20.0 het In width as mea.
sued at right angles f0 and lying southerly
of • line deurlbed as follows:
Beginning at a point on the northeaster.
ly margin of the Puget Sound Power &
Light Co. Right of Way. N 27 70' 26" W
from the quarter corner between Sections
14 and 15, a distance of 1772,57 feet based
on the North Zone Lambert grid 'System
for the Stale of Washington, said point of
beginning being also the S. W. Corner of
that certain tract of land conveyed to
Frank Menaglla and Vlttorie Demarckl as
recorded in Vol. 1513 of Deeds, page 131,
King County Auditor's File No. 743164.
September 15, 1931: thence N 4f 13' 44"
W, along sold Northeasterly margln
1570.77 feet; thence N 41 46' 16" E 310.54
feet; thence N f 29' 46" E 20.0 feel to 199
True Point of beginning of the above de.
scrlpllon tine; thence along sold descrip•
lion line, 94 31' 30' 14" W. 593.37 teel•lo IM
northeasterly margin of the Puget Sound
Power & Light Co, Right of Way; together
with a strip of land )6.0 feel in width ex;
tending from the most westerly caner of
199 above described easement, northwest.
erly along the northeasterly margin el IM
Puget Sound Power 1. Llghl Co. Right of
Way a distance of 110.0 feel more or Ins,
to • road crossing said Right of Way being
known as 42nd Ave. South, Hfuated in
King County. State of W6gi11nutsnl
EXCEPT THEREFROM BIM Melia
dsetrlbS0 Ss fSII0ww$i
•
Thal portion of the Stephen Foste
nation Claim No. 30 and 01 the C.C. Lt'.,. •
DonntIon Claim No. 37 in Sections 10. 11,
14 and 15. Township 23 North, Range 4
East W.M., described as follows:
Beginning at it point which bears North
47 OI' OS" West, 970.15 feet from a menu
meet at the Point of intersection of it
curve on the center line of the Duwamish
Renton Junction Road, said point of inter
section being approximately 1000 feet
East and 20 feet South of the quarter
corner between said Sections 14 and 15:
thence North 45' 24' 00" West 035.00 feel
on a line parallel to and 150.00 feet North .
easterly of the center line of the said Du.
wamish Renlon•Junctlon Road, to a point
which bears North 40' 14' IS•' East, 199,17
feel from the point of curve on the center
line of the said Duwamish Renlon•Junc•
.Ilon Road, said point of tutee being ap•
proximately 1200 feet North and 410 feet
Mot of the quarter corner between said
Sections If and 15; thence South 47 34'
CO" West 20 feet to the Northeasterly mar.
gin of the right.of.way of the Puget Sound
Eleclrk Railway; thence North 49' 24'
CO" West along said rlghl•of•way, 900.79
feel to the true point of beginning of this
description; thence South 41' 74'OO" East
40 feet; thence North 47 36 00" East
1211.73 feet; thence North 21" 41' 55" West
03 feel, more or len, to the left bank of
the Duwamish River; thence Northwest.
*Hy along said bank to a point which bears
North 17 36' 00" East of the true point
Of beginning; (hence South 40' 36' 00"
West lolhe true point ofbeginning;
AND EXCEPT THEREFROM that
portion thereof described as follows:
All that portion Of 199 Cyrus C. Lewis
Donation Claim No. 37, lying In sections
10 and 15, Townshlp 73 north, Range 4
east, W.M.. In King County, Washington
described as follows:
Beginning at a point on ihenortheaslerly
margin of the Puget Sound Power & Light
Company right of way said point being
north 2720'26" west from the quarter
corner between sections 14 and 15. • Ms.
taste of 1732.57 het based on the North
Zone Lambert Grid Sistom Ire IM ,0416
of Washington, sold point M beginning
being also the southwest corner of that
certain tract of land conveyed to Frank
Meneglla and Vittorio Demarckl, as re.
corded In volume 1513 of deeds, page 13, In
King County Auditor's 1111 No, 2693144;
thence north 10•13'44" west along said
northeasterly margin 1770.27 lest to the
True point of beginning; thence north
1r46'16" east 179.27 feet; (hence north Sr
3711" west 45,00 feel; IMnce south
2fo5'42" west 159,11 feet to the fruepolo,
of beginning;
AN0 EXCEPT THEREFROM bor.
Lion described and appropriated for road.
way purposes by State of Washington In
King County Superior Court Cause No.
693910.
All interested pers0ns may 009169 and
be heard.
RICHARD G. KIRSOP, SECRETARY
Tukwila Planning Cornmis110n
Published in the HighlIne Tlnlee id • so
August 143
STATE OF WASHINGTON
•
AFFIDAVIT OF PUBLICATION
No
as. JauMO OLI$ paluaJ DUO 'Hun yea
COUNTY OF KING swJpq L 'xaldnp 'care Jalue3114no5
''• .1''' .1: \c;
•
on oath deposes and says: That he is the t
of THE HIGHLINE TIMES, a weekly newspaper which is now and at all
Mmes herein mentioned has been published and printed in an office main•
tained at the place of publication at Burien, King County, Washington; that
by order of the Superior Court of the State of Washington in and for King
' :,tam , bald newspaper is now and at all times mentioned herein has been
:w.•Jr•1d as a legal newspaper for the publication of any advertisement,
s:ametMls, report, proceedings, or other official document required
►A■ be published; that said newspaper was published regularly, at
.war am:u each week, in the English language, as a newspaper of general
circulation in Burien, King County, Washington, at the time of appli•
cation to the aforementioned Superior Court for approval as a legal nerv -
paper, and was so published for at least six months prior to the date of said
application, and is now and at all times mentioned herein has been w
"Lill ;shed
That the annexed Is a true copy of a 7 1:(: "17C :
i'n t 3 C': of " u?)': { C I loat`if4
as it was published in regular issues of said newspaper once each week for
• period of t110 consecutive weeks, commencing
on the . /,. day of >- , 19 and ending
on the `- • • • day of • - � ' , 19 7 ' ? , both dates
inclusive, and that said newspaper was regularly distributed to its sub•
scribers and as a newspaper of general circulation during all of said period.
That the full amount of the fee charged for the foregoing publication is
the sum of $ lY). )1 which amount has been paid In full, at the rate
of $3.20 per hundred words for the first insertion and $2.40 per hundred
words for each subsequent Insertion.
.1.91•l•SC 'PSC9.9 H3 'MUD sledlwlJd
, being first duly sworn .°°5 •1" wJpq L xaldnp
SIS axnlap •ASM 1eJapad Jaumo Ag
19 72
23rd
Subscribed and sworn to before me this
if..... :lt2'Not J/
Notary Public In and for the Stag of Wady
ingten. residing at :•cattle
day
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Agricultural Application Area
VLCI_NI"T� SKETCH
APPENDIX K.
(b) House and Lot across River on Tax Lot Four (4) •
Section 14, Township 23, Range 4 E.W.M.; AND
Tax Lot Four (4), Section 14, Township 23,
Range 4 E.V7.M., King County, Washington, the •
legal description being:
Beg. N 81°44'15" E 199.17' from hub at end of
curve on C in Duwamish Renton Junc. Rd Sd hub
being approx. 1200' N & 440' W of 1/4 Cor bet
sec 14 and 15, Sec. 23, Range 4; thence S 40°
,36' W 20' to R/W of PSE Ry; thence N 49° 24' W
alg sd R/W 326.21' to true beg; thence N 40° •
36' E 702.10' thence N 38°30'50" W 1396.36';
thence.N 63°04'20" E 665' to left bank of ' •
Duwamish River;, thence Wly alg sd river to E
line of land bought by E. Bauchero, 3/16/23 (3);
thence S 1°5130. E 343' m/1; thence S 59° •
22'30" W 643.35'; thence N 82.°40'30"-W 707.69'.
m/1 to R/W PSE Ry; thence Zely alg R/W. 2333.97'
to true beg - NW1y.16' for joint Rd (pt 1 39 •
of Foster DC) less beg at true pt of beg of
above desc; thence N 49°24' W 254.08;. thence
N 40°36' a 702.10'; thence S.49°24'
thence S 40°36' W 702.10' to beg also less beg
at true pt of beg of above desc; thence N 40° • '
• 36' E 732.10' to true beg of this desc;-thence
N 49°24' W 254.09'; thence N.40°36' E m/1;
thence S '38°30'50" E 258.73' m/1 to true beg •(8)•
Cyrus C. Lewis D. C. # 5:3'3VSec. 15, Township'
23 North, Range 4 E King County, Washington; •
AND Tax Lot 6, Section 14, Township 23, Range. 4.
E.W.M., King County, Washington, and more par
ticularly described as:
Beg on NW1y mgn of 16' private rd at pt 1210.' m/1
E & 180' N m/1 of NW cox. of S Foster D. C.;
thence.S 40°36' W 415; thence N 49°24' W 310:21';
thence N 38°30'50" W 1396.36'; thence N 63°0420"
E 665' m/1 to Bank or Riv.; thence Sly and Ely
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Washington described as follows:
Beginning at a point on the northeasterly margin
of the Puget Sound Power 8 Light Company right of
way said point being north 22 °20'26" west from
the quarter corner between sections 14 and 15, a
distance of 1722.57 feet based on the North Zone
Lambert Grid System for the State of Washington,
said point of beginning being also the southwest
corner of that certain tract of land conveyed to
Frank Menaglia and Vittorio Demarcki, as recorded
in volume 1513 of deeds, page 13, in King County
Auditor's file No. 2693164; thence north 48 °13'44"
west along said northeasterly margin 1770.27
feet to the true point of beginning; thence north
41°46'16". east 179.27 feet; thence north 81°
30'14" west 45.00 feet; thence south 28 °05'42"
west 159.11 feet to the true point of beginning;
AND EXCEPT THEREFROM portion described and .
appropriated for roadway purposes by State of
Washington in King County Superior Court Cause
No. 613910.
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File in Triplicate
No. 1 - Legislative Body
No. 2 - Assessor
No. 3 - Applicant
APPLICATION FOR LAND CLASSIFICATION UNDER RCW 84.34
OPEN SPACE, AGRICULTURAL OR TIMBER LANDS CURRENT USE ASSESSMENT
Frances North, Emma Lund, James Codiga, Estate of Joan Voss
Name of Applicant
Address Box 441, North Bend, Wa. 98
Property Location Tukwila, Wa.
Interest in Property: Fee Owner s X Contract Purchaser
Other (Describe Interest)
Legal description of land to be classified: (Include map of property showing location on
all improvements)
LEGAL DESCRIPTION
BLOCK - - -- CODE —rSECTTWFyRG i
LEWIS C C -O C # 37 . 2380 I t
BEG N 81 -44 -15 E 199.17 FT FROM •
HUB AT END OF CURVE ON CTR LN OF • es-
DU WAM I SH- RENTON JUNCTION RD SD aF
HUB BEING APPROX 1200 FT N AND - c-
440 FT W OF 1/4 COR BET SECS 14 C , _ ;re
15-23-4 TH S 40 -36 -00 W 20 FT i.
TO A/W OF P S E RY TH N 49-24-00:' 5
W ALG SD R/W 326.21 F T TO TRUE
BEG TN N 40 -36 -00 F 702.10 FT TH
N 36 -30 -53 W 1396.36 FT TH N.
63 -04 -20 E 665 FT• TO LEFT BANK OF-
DUWAMI SH RIVER TH WLY ALG SD
RIVER TO E IN OF LAND BOUGHT BY E
an
ment
Py
Describe completely the current use of each parcel of land in classification request
Although there are two tax statements covering this 36 acres, the two
join each other. The total 36 acres is currently used for pasturing
Describe all present improvements (Buildings, etc.) There is one dwelling - aahouse,
40 years old and unoccupied. There is a feed lot and a building in which
the cattle feed is stored.
•
FOR ASSESSORS USE ONLY
Received by
Date
Amount of Fee
Transmitted to
Date of Transmittal
Property Location Tukwila, Wa.
Interest in Property: Fee Owner s x
COWS.
File in Triplicate
No. 1 - Legislative Body
No. 2 - Assessor
No. 3 - Applicant
APPLICATION FOR LAND CLASSIFICATION UNDER RCW 84.34
OPEN SPACE, AGRICULTURAL OR TIMBER LANDS CURRENT USE ASSESSMENT
Frances North, Emma Lund, James Codiga, Estate of Joan Voss
Name of Applicant
Address Box 441, North Bend, Wa. 98045
Contract Purchaser
Other (Describe Interest)
Legal description of land to be classified: (Include map of property showing location
all improvements)
on
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 36
Is the land subject to lease or option or other agreement which permits any other use than
its present use? Yes No xx (Attach copy of lease or option or other agreement
Describe completely the current use of each parcel of land in classification request
Although there are two tax statements covering this 36 acres, the two
join each other. The total 36 acres is currently used for pasturing
Describe all present improvements (Buildings, etc.) There is one dwelling —aahouse,
40 years old and unoccupied. There is a feed lot and a building in which
the cattle feed is stored. _
If application is made for farm and agricultural classification, check which of the follow-
ing categories apply:
A. X 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.
Subscribed and sworn to
before me this 0Z.M'
day of C 19-7 Y
Not ry Public in and for
the State of GUa'.c. ,�,,rr,)
Residing at �l.D /.. • --
FOR GRANTING AUTHORITY USE ONLY
{..!' .. "7 By
Date Received
i,/ ,
Amount of Application Fee - ! .. -�. ` %� -f )
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
Department of Revenue PTT 80
-2-
Owner(s) or Contract Purchaser(s)
Frances North, Agent
Signature of Granting Authority
•
If application is made for farm and agricultural classification, check which of the follow-
ing categories apply:
A. X 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.
Owner(s) or Contract Purchaser(s)
Subscribed and sworn to
before me this .,12,5r2./ .,12,5r2./ Frances rances North, Agent
day of C _ 19-7 Y
Notary Public in and for
the State of GU0 ..,..-4 / � ,fi7✓
Residing at �LD-ti 1 ✓.,r.4L,L . '—
FOR GRANTING AUTHORITY USE ONLY
Date Received -5'
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:
Department of Revenue PTF 80
' By ( f �. F' t, �. .r /:.... i ".:.J,:(.•l - i�% �: rte
Signed Agreement Received from Property Owner on
Agreement Transmitted to Assessor on .•..
-2-
Signature of Granting Authority
FOR ASSESSORS USE ONLY
Received by
Date
Amount of Fee
Transmitted to
Date of Transmittal
File in Triplicate
No. 1 - Legislative Body
No. 2 - Assessor
No. 3 - Applicant
APi'LICATION FOR LAND CLASSIFICATION UNDER RCW 84.34
OPEN SPACE, AGRICULTURAL OR TIMBER LANDS CURRENT USE ASSESSMENT
Name of Applicant Frances North, Emma Lund, James Codiga, Estate of Joan Was
Address Box 441, North Bend, Wa. 98045
Property Location Tukwila Ada
Interest in Property: Fee Owner q Contract Purchaser
Other (Describe Interest)
Legal description of land to be classified: (Include map of property showing location on
all improvements)
(on separate forms,as'specified in 2 and 3 of Instruction Sheet)
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 3
Is the land subject to lease or option or other agreement which permits any other use than
its present use? Yes No xx (Attach copy of lease or option or other agreement
Describe completely the current use of each parcel of land in classification request
Although there are two tax statements covering this 36 acres, the two
join each other. The total 36 acres is ourren ply used for pasturing
oowS.
Describe all present improvements (Buildings, etc.) There is one dwelling .a
40 years old and unoccupied. There is a feed 'lot and a building in whioh
the cattle feed is stored_
B.
If application is made for farm and agricultural classification, check which'of the follow -
ing categories apply:
x Farm and agricultural lands of twenty (20) or more acres.
acres.
_ 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
I declare under the penalties for perjury that this application and any attached
documents have been examined by me, and to the'best of 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. .
Subscribed and sworn to
before'me this gS 2!
day . of '_ 19.2.1!
Not &ry Public in and for
the State of Gus., c- n1J
Residing at' ‘ Ae L)T '
FOR GRANTING AUTHORITY USE ONLY
Date Received " -6 442,71) -c.!' /972-B ='L�( i�...,., %. ; ���- r 2(
Amount of Application Fee
Application for Classification:
Approved ; Approved in Part
Owner Notified of Denial on
Agreement.>Executed and Mailed to Owner on
Land. Areaa for Classification:
Conditions Imposed:
; :;Signed Agreement. Received from'Property Owner on
t ri): :(1l17.i1 ;. ' ° I... i i •" ,:i. ,,,,
! tAreeMene ;Trenemitted . to .Assessor ; oe' „;
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.
Farm and agricultural lands of five (5) or more acres but less
.,.... '.Department of Revenue PTV 80
-2-
Owner(s) or Contract Purchaser(s)
Frances North, Agent
than twenty (20)
; Denied
..�. ,, ...,{ j ,.I� , , •
Signature of Granting Authority
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* - - 7-490
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IF THIS MICROFILMED DOCUMENT IS LESS
CLEAR THAN THIS NOTICE, IT IS DUE TO
, THE QUALITY OF THE ORIGINAL DOCUMENT
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