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HomeMy WebLinkAboutres2010-015 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010- 178 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: / i 4/� / i 4-13-10 Introduction Council Paula J. Cooper l� � 4-27-10 Action Division Head. l� / o R V C E V D j 4 / 27 / 10 Hearing Jon Hutchings Dept. Head: /J`/, APR 0 2010 Frank M. Abart I 0� Prosecutor \AIN COM O COUNTY Randall Watts :T1.1N ( ( COUNCI L — Purchasing/Budget: Executive: r• , ;!► � O TITLE OF DO UMENT: A Resolution Declaring the Whatcom County Flood Control Zone District Intention to Lease Property at 7495 Emmerson Road Subject to a Public Hearing ATTACHMENTS: Memorandum SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing ? ( X ) Yes ( x ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: 4-27-10 SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) In accordance with RCW 36 .34, the Whatcom County Flood Control Zone District (FCZD) intends to lease the property located at 7495Emmerson Road for limited agricultural use. The FCZD Board of Supervisors will act on a resolution to lease the land to the highest responsible bidder who can demonstrate their ability to comply with the conditions for use described in the resolution at their meeting on April 27, 2010 at 7 : 00 pm in the Whatcom County Courthouse. If the resolution is approved, bids will be received at the River and Flood office located at 322 N. Commercial Street, Suite 120, until 2 : 00 pm on April 29, 2010 . COMMITTEE ACTION: COUNCIL ACTION: 4 / 13 / 2010 : Introduced 4 / 27 / 2010 : Council Approved 7 - 0 ( Council acting as the Whatcom County Flood Control Zone District Board of Supervisors ) Res . 2010- 015 Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Res . 2010- 015 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County 's website at: www. co. whatcom. wa. us/council. . . . . . . . . . ..... .. . 1 SPONSORED BY: Public Works 2 PROPOSED BY: Flood Control Zone District 3 INTRODUCTION DATE: April 13 , 2010 4 5 A Resolution by the Governing Body 6 Of the County-wide Flood Control Zone District 7 Hereinafter referred to as the 8 Whatcom County Flood Control Zone District 9 10 RESOLUTION NO. 2010 -015 11 12 A RESOLUTION DECLARING THE WHATCOM COUNTY FLOOD CONTROL ZONE 13 DISTRICT INTENTION TO LEASE PROPERTY AT 14 7495 EMMERSON ROAD SUBJECT TO A PUBLIC HEARING 15 16 WHEREAS , the property located at 7495 Emmerson Road was damaged by flooding on 17 numerous occasions, and previous owners made and received enough flood insurance 18 claims that the property is considered a repetitive flood loss property by the Federal 19 Emergency Management Agency (FEMA); and 20 WHEREAS, FEMA and the Washington State Emergency Management Division had 21 unutilized Hazard Mitigation Grant Program (HMGP) funding available to target 22 repetitive flood loss properties in late 2000 ; and 23 WHEREAS, in 2001 Whatcom County and the Whatcom County Flood Control Zone 24 District (FCZD) utilized available HMGP funding supplemented with FCZD funds to 25 purchase the property at 7495 Emmerson Road to reduce future flood damages and flood 26 insurance claims; and 27 WHEREAS, in accordance with HMGP requirements, all resid'entlal stLiNpitnres have been 28 removed from the property and it has been maintained,•in+ Qeae; d'it�=. as Rayy �F ; it .. 29 WHEREAS, in accordance with RCW 86 . 15 .080, a FCZ P zh4ay leaige'&4112,is rands in a 30 manner consistent with RCW 36 .34; and .'s t ; .. „ _. 31 WHEERAS, the restrictive covenants required by the HNIGP=5funding require:that the 32 property is subject to the Stafford Act, and regulations promulgated thereunder (44 CFR 33 206 .434); and 34 WHEREAS, property owners in the vicinity of the property have indicated their interest in 35 leasing the land for agricultural purposes; and 36 WHEREAS, 44 CFR 206 .434 allows cultivation as one of the allowable uses of open 1 space; and 2 WHEREAS , the County' s Real Estate Manager has determined that the fair market rental 3 value of the property should not be less than $900 per year, plus applicable leasehold tax, 4 and the first year' s rent should be waived to allow for costs accrued for preparation of the 5 property for farming; and 6 NOW, THEREFORE, BE IT RESOLVED that it is the intention of the FCZD Board of 7 Supervisors to lease the property described in Exhibit A for a minimum of $900 per year, 8 plus leasehold tax, with the first year' s rent waived to allow for costs accrued for 9 preparation of the property for farming, 10 SUBJECT TO the restrictive covenants on the deed and the conditions described 11 in Exhibit B . 12 BE IT FURTHER RESOLVED that sealed bids for lease of this property shall be 13 received at the Whatcom County River and Flood office located at 322 N. Commercial 14 Street, Suite 120, no later than 2 :00 pm on April 29, 2010 ; said bids will be opened at 15 that time. 16 17 BE IT FURTHER RESOLVED that the Board of Supervisors authorizes the County 18 Executive to act on their behalf in executing a lease agreement with the highest 19 responsible bidder that can demonstrate their ability to comply with the conditions set 20 forth in Exhibit B . 21 22 BE IT FURTHER RESOLVED that if no lease is fully executed within six months 23 from the date of the passage of this Resolution, the authorization to lease shall be 24 withdrawn. 25 26 APPROVED this 27th day of April , 2010 27 ` ``` ��� ► iiitul�l �� WHATCOM COUNTY FLOOD � ` C 0 v i CONTROL ZONE DISTRICT 29 AT' .V... � oNo/. ' BOARD OF SUPERVISORS _ WHATCOM COUNTY, 31 a 0 COU!"" '1 = WASHINGTON 33 �„-r; vI 34 � 41,111142410,=M; f1WAA .. i • 35 Dail Brotwa-4, . .. i 1 Th tty Clerk Sat ' rawford, Board of Supervisors 36 'C:, ' • • • • • Chair 37 zit/ 38 APPROVED A � 8 FO RM : 40 • 41 Randall Watts, Chime\ ivil Deputy Prosecutor 42 1 EXHIBIT A 2 3 4 PARCEL A: 5 6 A TRACT OF LAND IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND 7 GOVERNMENT LOT 5 OF SECTION 31 , TOWNSHIP 40 NORTH, RANGE 4 EAST OF W.M. , 8 DESCRIBED AS FOLLOWS : 9 10 COMMENCING AT A POINT WHERE THE COUNTY ROAD INTERSECTS THE NORTH 11 BOUNDARY LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 31 ; THENCE SOUTH 12 ALONG THE SAID COUNTY ROAD, A DISTANCE OF 16 RODS AND 12 FEET; THENCE DUE 13 WEST AND PARALLEL TO THE NORTH BOUNDARY LINE OF SAID SOUTHEAST QUARTER 14 OF SAID SECTION 31 TO THE PRESENT EAST BANK OF THE NOOKSACK RIVER AS 15 ESTABLISHED JANUARY 1 , 1962, FROM AERIAL SURVEY AND DECREE IN SUPERIOR 16 COURT CASE NO. 43682 ; THENCE NORTHERLY ALONG THE SAID EAST BANK OF SAID 17 RIVER TO THE POINT WHERE IT INTERSECTS THE NORTH BOUNDARY LINE OF SAID 18 SOUTHEAST QUARTER OF SECTION 31 ; THENCE EAST ALONG THE SAID NORTH 19 BOUNDARY LINE TO THE PLACE OF BEGINNING; EXCEPT THE EAST 132 FEET OF THE 20 SOUTH 156 FEET THEREOF AND EXCEPT RIGHT OF WAY LYING ALONG THE EASTERLY 21 LINE THEREOF, COMMONLY REFERRED TO AS EMMERSON ROAD AND EXCEPT RIVER 22 WASH. 23 24 SITUATE IN WHATCOM COUNTY, WASHINGTON. 25 26 PARCEL A- 1 . : 27 28 AN EASEMENT FOR INGRESS AND EGRESS COMMENCING AT A POINT WHERE THE 29 COUNTY ROAD INTERSECTS THE NORTH BOUNDARY LINE OF THE SOUTHEAST 30 QUARTER OF SECTION 31 , TOWNSHIP 40 NORTH, RANGE 4 EAST OF W.M. ; THENCE 31 NORTH ALONG. SAID COUNTY ROAD, 12 FEET; THENCE WEST 155 FEET; THENCE SOUTH 32 12 FEET; THENCE EAST ALONG THE NORTH BOUNDARY LINE OF THE SOUTHEAST 33 QUARTER OF SAID SECTION 31 TO THE POINT OF BEGINNING. 34 35 SITUATE IN WHATCOM COUNTY, WASHINGTON. 36 37 SUBJECT TO ANY OTHER COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS, 38 IF ANY, AFFECTING TITLE, WHICH MAY APPEAR IN THE PUBLIC RECORD, INCLUDING 39 THOSE SHOWN ON ANY RECORDED PLAT OR SURVEY. 40 41 42 Ic 1 EXHIBIT B - 2 Conditions for Lease of 7495 Emmerson Road 3 4 LIMITATIONS ON USE: 5 This property is located in the floodway of the Nooksack River and the western portion of the 6 property lies within a riparian buffer associated with the river. The following conditions apply 7 to the use of the property: 8 . 9 1 . No fill can be brought into the property. Minor land grading of the property to make it 10 farmable is permissible as long the elevation of the high ground divide shown on the 11 attached map is maintained at the current elevation. This divide is part of the hydraulic 12 . control that affects how much flow leaves the Nooksack basin into the Sumas 13 River/Johnson Creek basin. . - 14 2. Removal of trees and shrubs is allowed in the area designated as the "Area available 15 for farming" on the attached map. Removal of any vegetation in the riparian area west 16 of the designated area is not allowed. 17 3 . No structures or fences can be constructed on the property. 18 4. Only grasses or annual crops are allowed. 19 5 . Grazing of animals on the property is not allowed. . 20 6 . Farmer must have a current farm plan following current NRCS standards and 21 specifications (may be applied for when all the parties sign the lease). 22 7. Application of commercial fertilizer and manure are allowed only if they are included 23 in the farm plan and application methods and timing are in accordance with that plan. 24 8 . All activities, including application of manure, must be done in accordance with all 25 applicable federal, state and local rules and regulations. 26 27 LEASE TERM : The maximum term of the lease is 5 years. 28 29 MINIMUM BID: $900/year plus applicable leasehold excise tax (12 . 84%), with the first year' s 30 rent waived to offset costs of site preparation 31 32 BID RESPONSE: Bidders should submit the following information as part of their bid 33 response: 34 1 . Bid amount for annual rental of total acreage available for farming (estimated at 6 .2 35 acres) 36 2 . A statement of your understanding of the scope of the lease and the steps necessary to 37 farm the land. 38 3 . A brief outline of how you propose to manage the farmland if awarded the lease and a 39 timetable for your farm plan. - 40 4 . Describe your ability to obtain insurance for your leasing for this project. Proof of 41 insurance must be provided prior to final execution of the lease agreement. Insurance 42 must include the following minimum coverages: 43 a. General liability coverage $ 1 ,000,000 per occurrence 44 b . Professional liability coverage $500,000 per occurrence 45 c. Workers Compensation Coverage and listed amounts for bodily injury by 46 accident, bodily injury by disease, policy limits 47 5 . List other lands leased and contact information for the owners of the leased lands - - y ouem ...me.. v�... m... .er f . 4 _ ® \A \ 'L — . . .- \V■ Legend O ry 0 • ,ry Minor Roads Area available for farming y' m q QParcels_Assessor20100104 NOTE: - O CJ Minor clearing and grading can be done for a b, ~Csti agriculture production within the farmable area - i•-1-, Q •` shown in yellow (refer to Exhibit B) (---) o CZ • of .,. : . N r 0 M Cll N A �� w Q . � y Y �. u _ h. ` .▪k 4 � w � . 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