HomeMy WebLinkAboutres2021-014Whatcom County COUNTY COURTHOUSE
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311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
IL (360) 778-5010
Agenda Bill Master Report
File Number: AB2021-169
File ID: AB2021-169 Version: 1 Status: Approved
File Created: 03/10/2021 Entered by: AHester@co.whatcom.wa.us
Department: Public Works File Type: Resolution (FCZDBS) Requiring a Public Hearing
Department
Assigned to: Council Final Action: 04/06/2021
Agenda Date: 04/06/2021 Enactment #: RES 2021-014
Primary Contact Email: C'ii{;c hart' to cnt("ris ; t.
TITLE FOR AGENDA ITEM:
Resolution declaring the Whatcom County Flood Control Zone District intention to lease property on
Dahlberg Road (Council Acting as the Flood Control Zone District Board of Supervisors)
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
Public Works requests that the FCZD Board of Supervisors hold a public hearing and take action on
the proposed resolution to lease the property for agricultural purposes, and authorize the Whatcom
County Executive to execute a lease agreement with the highest responsible bidder that can
demonstrate their ability to comply with the conditions contained in the resolution
HISTORY OF LEGISLATIVE FILE
Date: Acting Body:
Action:
Sent To:
03/23/2021 Council INTRODUCED FOR PUBLIC Council
HEARING
Aye: 7 Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
04/06/2021 Council APPROVED
Aye: 7 Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
Whatcom County Page 1 Printed on 41712021
Agenda Bill Master Report Continued (A82021-169)
Attachments: Staff memo, Proposed Resolution, Aerial Photo
Whatcom County Page 2 Printed on 41712021
I SPONSORED BY:
2 PROPOSED BY: Public Works
3 INTRODUCTION DATE: 3/23/2021
4
5 RESOLUTION NO. 2021-014
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7 A RESOLUTION DECLARING THE WHATCOM COUNTY FLOOD CONTROL
8 ZONE DISTRICT INTENTION TO LEASE PROPERTY ON DAHLBERG ROAD
9
10 WHEREAS, the Whatcom County Flood Control Zone District (FCZD) owns property
11 located on Dahlberg Road, which was purchased in 2020; and
12 WHEREAS, the property has historically been leased for agricultural purposes; and
13 WHEREAS, Whatcom County Public Works is supportive of continuing to lease the
14 property for agricultural purposes; and
15 WHEREAS, in accordance with RCW 86.15.080, a FCZD may lease surplus lands in a
16 manner consistent with RCW 36.34; and
17 WHEREAS, it has been detennined that the fair market rental value of the property should
18 not be less than $2,610 per year, plus applicable leasehold tax; and
19 NOW, THEREFORE, BE IT RESOLVED that it is the intention of the FCZD Board of
20 Supervisors to lease the following property described in Exhibit A for a minimum of
21 $2,610 per year, plus leasehold tax,
22 SUBJECT TO the conditions described in Exhibit B.
23 BE IT FURTHER RESOLVED that the Board of Supervisors hereby directs the Whatcom
24 County Finance Department to lease this property by sealed bid to the highest and best
25 bidder; at a location and time determined by the Finance Department.
26 BE IT FURTHER RESOLVED that the Board of Supervisors authorizes the County
27 Executive to act on its behalf in executing a lease agreement with the highest responsible
28 bidder that can demonstrate his/her ability to comply with the conditions set forth in
29 Exhibit B.
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I BE IT FURTHER RESOLVED that if no lease is fully executed within six months from
2 the date of the passage of this Resolution, the authorization to lease shall be withdrawn.
4 APVEI1 ��'�.day of April
s
j
9 Daa BBrown Davis, County Clerk
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12 APPROVED AS TO FORM:
13
14 Christopher Quinn
15 Civil Deputy Prosecutor
16 (approved electronically 3/10/2021)
17
2021
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Barry Buchanan, Board of Supervisors Chair
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EXHIBIT A
Whatcom County Tax Parcel Numbers 390204 463218 0000 & 390203
097272 0000
Government Lot 5, except the northerly portion thereof heretofore conveyed to
Arthur Dewitt by deed recorded June 21, 1910, and recorded under Auditor's
File No. 141392, in Volume 113 of Deeds, Page 151, records of Whatcom
County, Washington; also Government Lot 8; all in Section 3, Township 39
North, Range 2 East, of W.M.;
Also, Government Lot 5 and the North 16.5 feet of the Southwest Quarter of the
Southeast Quarter, and the Southeast Quarter of the Southwest Quarter, all in
Section 4, Township 39 North, Range 2 East of W.M.;
Excepting from the above -described real property a tract of land located in said
Section 3 and 4, Township 39 North, Range 2 East of W.M., described as
follows, to -wit:
Beginning at a point on the east and west centerline of the south half of Section 4
aforesaid, 2783.6 feet east of the point of intersection of said line with the north
and south centerline of the west half of said Section 4, as said lines are now
located, said Point of Beginning being marked by a King Bolt; thence North, at
right angles to said east and west centerline, 320 feet to a gas pipe; thence East,
parallel to said east and west centerline, 1470 feet, more or less, to the west bank
of the Nooksack River; thence Southwesterly along said bank of Nooksack River
to said east and west centerline; thence West along said centerline, as the sarne is
now located and fenced, 1180 feet, more or less, to the Point of Beginning.
Also, one square rod in the extreme northwest corner of the Southeast Quarter of
the Southeast Quarter of Section 4, Township 39 North, Range 2 East of W.M.,
for road purposes .
Except Right -of -Way for Dahlberg Road.
Situate in Whatcom County, Washington.
I
EXI3IBIT B
2 LIMITATIONS ON AND REQUIREMENTS FOR USE:
3 1. No fill can be brought into the property. Minor land grading of the property to make it
4 level and farmable is permissible.
5 2. No structures can be constructed on the property.
6 3. Only grasses or annual crops are allowed, with winter cover crop required if annual
7 crop is used. Grazing of animals on the property is not allowed.
8 4. Application of commercial fertilizer and manure are allowed only if they are included
9 in the farm plan and application methods and timing are in accordance with that plan.
10 5. All activities, including application of manure, must be done in accordance with all
11 applicable federal, state and local rules and regulations.
12 6. Tenant shall agree to keep in good repair all terraces, open ditches, inlets and outlets of
13 the drains; preserve all established watercourses or ditches including grassed
14 waterways, and refrain from any operations or practice that will injure such structures.
15 7. Tenant must have a current farm plan following current NRCS standards and
16 specifications. If an approved farm plan has not already been established, then within
17 30 days of the commencement of the lease the Tenant must contact the Whatcom
18 Conservation District to create an approved farm plan for the property. The
19 implementation of such plan must begin within 120 days of the commencement of the
20 lease and be followed during the term of the lease.
21 8. Prior to the conunencement of the lease the County shall commission a comprehensive
22 soil chemistry analysis ("First Test") comparable to those typically used by
23 knowledgeable buyers as part of their typical pre -purchase inspections of agricultural
24 land. A copy shall be retained by the County and copy shall be provided to the tenant.
25 9. No sooner than 90 days and no later than 30 days prior to the termination of the lease
26 term the County shall commission a new comprehensive soil chemistry analysis
27 ("Second Test") substantially identical to the First Test. A copy shall be retained by the
28 County and copy shall be provided to the tenant.
29 10. If the Second Test establishes that the soil has equal or greater nutrient value and
30 health than the First Test then the Tenant shall have no further obligation to improve
31 the soil once the lease tern expires.
32 11. If the Second Test establishes that the soil has been depleted or its health is has
33 otherwise been impaired since the First Test then it shall be the Tenant's obligation to
I immediately repair and replenish the land as soon as weather permits. Should the
2 Tenant fail to do this within 90 days of the weather permitting, the County may elect to
3 employ others repair the land and bill the Tenant for all associated costs.
4 12. The Tenant shall provide security to guarantee payment of costs referred to in item #8
5 and item #9 above, in a form and amount approved by the Prosecuting Attorney's
6 Office.
7 Lease Term: The maximum tern of the lease is 3 years.
8 Bid Response: Bidders should submit the following information as part of their bid response:
9 1. Bid amount for annual rental of land. Do not include leasehold tax in your bid amount,
10 as it will be calculated and applied separately upon the successful bid amount.
11 2. A statement of your understanding of the scope of the lease and the steps necessary to
12 farm the land.
13 3. A brief outline of how you propose to manage the farmland if awarded the lease and a
14 timetable for your farm plan.
15 4. Describe your ability to obtain insurance for your leasing for this project. Proof of
16 insurance must be provided prior to final execution of the lease agreement. Insurance
17 must include the following minimum coverages:
18 a. General liability coverage $1,000,000 per occurrence
19 b. Workers Compensation Coverage as required by the Industrial Insurance laws of the
20 State of Washington.