Z-1363.2 _______________________________________________
HOUSE BILL 2563
_______________________________________________
State of Washington 52nd Legislature 1992 Regular Session
By Representatives H. Sommers and Haugen; by request of State Treasurer
Read first time 01/22/92. Referred to Committee on Capital Facilities & Financing.
AN ACT Relating to leases by the state and municipal corporations and instrumentalities thereof; amending RCW 58.17.040; and adding a new section to chapter 58.17 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 58.17.040 and 1989 c 43 s 4-123 are each amended to read as follows:
The provisions of this chapter shall not apply to:
(1) Cemeteries and other burial plots while used for that purpose;
(2) Divisions of land into lots or tracts each of which is one-one hundred twenty-eighth of a section of land or larger, or five acres or larger if the land is not capable of description as a fraction of a section of land, unless the governing authority of the city, town, or county in which the land is situated shall have adopted a subdivision ordinance requiring plat approval of such divisions: PROVIDED, That for purposes of computing the size of any lot under this item which borders on a street or road, the lot size shall be expanded to include that area which would be bounded by the center line of the road or street and the side lot lines of the lot running perpendicular to such center line;
(3) Divisions made by testamentary provisions, or the laws of descent;
(4) Divisions of land into lots or tracts classified for industrial or commercial use when the city, town, or county has approved a binding site plan for the use of the land in accordance with local regulations;
(5) A division for the purpose of lease when no residential structure other than mobile homes or travel trailers are permitted to be placed upon the land when the city, town, or county has approved a binding site plan for the use of the land in accordance with local regulations;
(6) A
division made for the purpose of alteration by adjusting boundary lines,
between platted or unplatted lots or both, which does not create any additional
lot, tract, parcel, site, or division nor create any lot, tract, parcel, site,
or division which contains insufficient area and dimension to meet minimum
requirements for width and area for a building site; ((and))
(7)
Divisions of land into lots or tracts if: (a) The improvements constructed or
to be constructed thereon will be included in one or more condominiums or owned
by an association or other legal entity in which the owners of units therein or
their owners' associations have a membership or other legal or beneficial
interest; (b) a city, town, or county has approved a binding site plan for all
such land; and (c) the binding site plan contains thereon the following
statement: "All development of the land described herein shall be in
accordance with the binding site plan, as it may be amended. Upon completion,
the improvements on the land shall be included in one or more condominiums or
owned by an association or other legal entity in which the owners of units
therein or their owners' associations have a membership or other legal or beneficial
interest((.))"; and
(8) A division for the purpose of lease made by or on behalf of the state of Washington, its agencies, departments, and instrumentalities, the state board for community and technical colleges, and state institutions of higher education in connection with a financing contract as defined in chapter 39.94 RCW, or by any city or town in connection with a lease executed under chapter 35.42 RCW or any other statute, or by any other municipal corporation or instrumentality thereof authorized by law to enter into leases.
NEW SECTION. Sec. 2. A new section is added to chapter 58.17 RCW to read as follows:
This chapter applies to all financing contracts and leases entered into after July 23, 1989.