HomeMy WebLinkAboutres2023-027• Whatcom County COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
d \. Bellingham, WA 98225-4038
(360) 778-5010
Agenda Bill Report
File Number: AB2023-575
File ID: AB2023-575 Version: 1 Status: Approved
File Created: 08/30/2023 Entered by: jking@co.whatcom.wa.us
Department: Treasurer's Office File Type: Resolution Requiring a Public Hearing
Assigned to: Council Final Action: 10/10/2023
Agenda Date: 10/10/2023 Enactment #: RES 2023-027
Related Files:
Primary Contact Email: jking@co.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Resolution to sell county tax title property by negotiation
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
Pursuant to RCW 36.35.150(1)(b), given determination that it is not practical to build on the property,
the Whatcom County Property Management Committee has recommended the sale of the following tax
title property by negotiation, subject to a restrictive covenant that will limit the use of the property to
access and utility purposes, for an amount not less than the principal of the unpaid taxes, interest,
penalty, and foreclosure costs of $562.50.
Tax parcel number 370124 013376 0000 / PID 15126; PLAT OF LUMMI ISLAND SCENIC
ESTATES DIVISION NO. 6, TRACT D.
HISTORY OF LEGISLATIVE FILE
Date: Acting Body: Action: Sent To:
09/12/2023 Council INTRODUCED FOR PUBLIC Council
HEARING
Aye: 6 Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner
Nay: 1 Elenbaas
10/10/2023 Council APPROVED
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Whatcom County Page 1 Printed on 10/1112023
Agenda Bill Report Continued (AB2023-575)
Attachments: Proposed Resolution, Parcel Information
Whatcom County Page 2 Printed on 10/1112023
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PROPOSED BY: Treasurer
INTRODUCTION DATE: 9/12/2023
RESOLUTION NO. 2023 - 027
RESOLUTION TO SELL COUNTY TAX TITLE PROPERTY BY NEGOTIATION
WHEREAS, RCW 36.35.120 allows the County to sell real estate acquired by tax
foreclosure where it is found to be in the best interest of Whatcom County to sell the same;
and,
WHEREAS, the County has owned tax title parcel # 370124 013376 0000 (herein
"Property"), further described below, since November 18, 1977 and,
WHEREAS, the Whatcom County Property Management Committee recommends that
the resolution be passed to effectively meet the legal requirement for the disposal of the
Property; and,
WHEREAS, RCW 36.35.120 requires the Council to establish the minimum price for
said unit of property and to determine whether or not a contract will be allowed, or if it will be a
cash price; and,
WHEREAS, the Whatcom County Property Management Committee determined that it
is not practical to build on the Property and recommends the property be sold, subject to a
restrictive covenant that will limit the use of the Property to access and utility use purposes;
and,
WHEREAS the Whatcom County Property Management Committee recommends that
the Property be sold by private negotiation, without a call for bids, as per RCW 36.35.150(1)(b)
for not less than the principal of the unpaid taxes, interest, penalty, and foreclosure costs; and,
WHEREAS, the principal taxes, interest, penalty, and foreclosure costs total $562.50
Wei
WHEREAS, Resolution 95-005 designated the Whatcom County Treasurer as
negotiator in such property sales; and
WHEREAS, the Whatcom County Code as well as the state law allows the County to
reserve from the sale coal, oil, gas, gravel, mineral, ores, fossils, timber or other resources if
the Council finds that it is in the best interest to reserve these;
NOW, THEREFORE, BE IT RESOLVED that it is in the best interest of the County to
sell the Property described herein for a price to be negotiated by the Whatcom County
Treasurer in an amount not less than the unpaid taxes, interest, penalty, and foreclosure costs
totaling $562.50:
41 Parcel # 370124 013376 0000 / PID 15126
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43 PLAT OF LUMMI ISLAND SCENIC ESTATES DIVISION NO. 6, TRACT D,
44 ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 9 OF
45 PLATS, PAGE 49, RECORDS OF WHATCOM COUNTY, WASHINGTON.
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47 BE IT FURTHER RESOLVED that said price shall not be allowed under contract and
48 shall be paid in either cash, certified check, or money order to the Whatcom County Treasurer
49 at the time of sale; and,
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51 BE IT FURTHER RESOLVED that the Property shall be sold subject to a restrictive
52 covenant that limits the use of the Property for access and utility purposes; and,
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54 BE IT FURTHER RESOLVED that the Property shall be sold subject to restrictive
55 covenants allowing for imposition of Community Association fees, if any, as set forth in
56 Whatcom County Resolution No. 88-37; and,
57 BE IT FURTHER RESOLVED that this sale transfer to the owners all coal, oil, gas,
58 gravel, minerals, ores, fossils, timber or other resources on or in said land and the right to mine
59 for and remove the same in conformity with zoning regulations in force and effect; and,
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61 BE IT FURTHER RESOLVED that the Whatcom County Treasurer is hereby authorized
62 and directed to sell such property at not less than a certified price and said sale shall take place
63 in accordance with the duties as established in RCW 36.35.120.
64 BE IT FURTHER RESOLVED by the Whatcom County Council, that a public hearing on
65 the matter of the sale of said property, under said terms, be held on the 10th day of
66 October , 2023, at 6:00 p.m., at 311 Grand Avenue, Bellingham
67 Whatcom County, Washington; and,
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69 BE IT FURTHER RESOLVED that the Clerk of the Whatcom County Council shall give
70 notice of such hearing in the manner prescribed by law under RCW 36.34.030.
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73 APPROVFD`WsNl�1, h day of October 2023.
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WHATCOM COUNTY COUNCIL
75 f, WHATCOM COUNTY, WASHINGTON
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8o Dana grown t is dgmil Clerk Barry chap n, Chair
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82 APPROVED,, A 16 F" ORM:
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85 /s/Royce Buckingham approved via email on 9/12/2023/MR
86 Civil Deputy Prosecuting Attorney