Chapter 1.42
ACCEPTANCE OF REAL PROPERTY

Sections:

1.42.010    Public hearing required.

1.42.020    Adherence to County policy required.

1.42.030    Exemptions.

1.42.040    Procedural criteria.

1.42.010 Public hearing required.

It is the policy of Skagit County to hold a public hearing on each proposal for acceptance of a grant or donation of real property by a landowner in Skagit County. At that time, the Board of Commissioners shall determine whether acceptance of the proposed grant or donation of real property serves the public interest. (Ord. O20160004 § 6 (Att. 6); Ord. O20110004 (part): Ord. 17938 Attch. F (part), 2000. Formerly 14.42.010)

1.42.020 Adherence to County policy required.

No other action of a County employee or agent shall constitute acceptance of real property by the County, except by written resolution by the Board. Any action by a property owner to convey real property (or an interest in real property) to the County for right-of-way purposes (or for other purposes) which does not conform to this policy shall not be deemed an acceptance of such real property or property interest by the County. (Ord. O20160004 § 6 (Att. 6); Ord. O20110004 (part): Ord. 17938 Attch. F (part), 2000. Formerly 14.42.020)

1.42.030 Exemptions.

The requirement and policy of this Chapter shall not apply to the following:

(1)    Acceptance of road right-of-way, easement, parcel(s), or tract of land by the County through the land division procedures as set forth in Chapter 58.17 RCW and Chapter 14.18 SCC, Land Divisions.

(2)    Acceptance of real property, road right-of-way, easements, or any other real property rights acquired through the use of the County’s eminent domain authority pursuant to Chapter 8.08 RCW.

(3)    Acceptance of real property, road right-of-way, easements, or any other real property rights otherwise acquired through County-initiated negotiations with property owner(s); provided, that said negotiations initiated by the County are duly authorized and approved by the Board of Commissioners.

(4)    Acceptance of a conservation easement pursuant to RCW 64.04.130. (Ord. O20160004 § 6 (Att. 6); Ord. O20110007 Attch. 1 (part); Ord. O20110004 (part): Ord. 17938 Attch. F (part), 2000. Formerly 14.42.030)

1.42.040 Procedural criteria.

(1)    The applicant (grantor/donator) shall submit the following documents for the subject property:

(a)    A letter of intent to the Skagit County Board of Commissioners. The letter must include a general description of the property to be granted and why it would be in the public’s interest for the County to accept the grant; and

(b)    A legal description; and

(c)    A title report; and

(d)    A warranty deed granting ownership to Skagit County.

(2)     The County Commissioners’ Office shall:

(a)    Transmit copies of the application documents to the County Public Works Department, Planning and Development Services, and the Civil Division of the Prosecuting Attorney’s Office and request staff review and comment; and

(b)    Schedule a public hearing and notify the applicant, staff and public of the public hearing date when the matter will be considered.

(3)    The Public Works Department (in consultation with the Civil Division of the Prosecuting Attorney’s Office) will review the application to determine if the subject property is an existing County road, the accuracy of the legal description, other road safety-related issues, and make a written recommendation to the Board of County Commissioners.

(4)    Planning and Development Services (in consultation with the Civil Division of the Prosecuting Attorney’s Office) will review the application for compliance with land control regulations, and in particular, confirm that acceptance will not result in more legal lots of record than would be allowed within that zoning district before acceptance, and make written recommendation to the Board of County Commissioners.

(5)    The Board of County Commissioners shall:

(a)    Conduct the public hearing; and

(b)    Deliberate and determine if the grant of real property complies with this Chapter and these procedural criteria; and

(c)    By resolution, accept, conditionally accept or deny acceptance of the offered property. (Ord. O20160004 § 6 (Att. 6); Ord. O20110004 (part): Ord. O20070009 (part); Ord. 17938 Attch. F (part), 2000. Formerly 14.42.040)