“Act” means Chapter 17, Laws of 1990, 1st. ex. sess., as now in existence or as hereafter amended.

“Capital facilities plan” means the capital facilities plan element of the city’s comprehensive land use plan, as now in existence or as hereafter amended.

“Capital projects” means local capital improvements, including, but not limited to, those listed in RCW 35.43.040.

“City” means the city of Anacortes, Washington.

“Real property” means real property, as well as “used mobile homes” and “used floating homes” as such terms are defined in RCW 82.45.032, as now in existence or hereafter amended, all within the corporate limits of the city.

“Sale” means any conveyance, grant, assignment, quitclaim, or transfer of the ownership of or title to real property, including standing timber, or any estate or interest therein for a valuable consideration, and any contract for such conveyance, grant, assignment, quitclaim or transfer, and any lease with an option to purchase real property, including standing timber, or any estate or interest therein or other contract under which possession of the property is given to the purchaser, or any other person by this direction, which title is retained by the vendor as security for the payment of the purchase price; provided, however, that “sale” shall not include a transfer by gift, devise, or inheritance, a transfer of any leasehold interest other than of the type mentioned above, a cancellation or forfeiture of a vendee’s interest in a contract for the sale of real property, whether or not such contract contains a forfeiture clause, or deed in lieu of foreclosure of a mortgage or the assumption by a grantee of the balance owing on an obligation which is secured by a mortgage or deed in lieu of forfeiture of the vendee’s interest in a contract of sale where no consideration passes otherwise or the partition of property by tenants in common by agreement or as the result of a court decree, any transfer, conveyance, or assignment of property or interest in property from one spouse to the other in accordance with the terms of a decree of divorce or in fulfillment of a property settlement agreement incident thereto, the assignment or other transfer of a vendor’s interest in a contract for the sale of real property, even though accompanied by a conveyance of the vendor’s interest in the real property involved, transfers by appropriation or decree in condemnation proceedings brought by the United States, the state or any political subdivision thereof, or a municipal corporation, a mortgage or other transfer of an interest in real property merely to secure a debt, or the assignment thereof, any transfer or conveyance made pursuant to an order of sale by the court in any mortgage or lien foreclosure proceeding or upon execution of a judgment, or deed in lieu of foreclosure to satisfy a mortgage, a conveyance to the federal housing administration or veterans administration by an authorized mortgagee made pursuant to a contract of insurance or guaranty with the federal housing administration or veterans administration, nor a transfer in compliance with the terms of any lease or contract upon which the tax as imposed by this chapter has been paid or where the lease or contract was entered into prior to the date this tax was first imposed, nor the sale of any grave or lot in an established cemetery, nor a sale by or to the United States, this state or any political subdivision thereof, or a municipal corporation of this state, and shall further not include a transfer to a corporation or partnership which is wholly owned by the transferor and/or the transferor’s spouse or children; that if thereafter such transferee corporation or partnership voluntarily transfers such real property, or such transferor, spouse, or children voluntarily transfer stock in the transferee corporation or interest in the transferee partnership capital, as the case may be, to other than (1) the transferor and/or the transferor’s spouse or children, (2) a trust having the transferor and/or the transferor’s spouse or children as the only beneficiaries at the time of the transfer to the trust, or (3) a corporation or partnership wholly owned by the original transferor and/or transferor’s spouse or children, within five years of the original transfer to which this exemption applied, excise taxes shall become due and payable on the original transfer as otherwise provided by law.

“Seller” means any individual, receiver, assignee, trustee in bankruptcy, trust, estate, firm, copartnership, joint venture, club, company, joint stock company, business trust, municipal corporation, quasi municipal corporation, corporation, association, society or any group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit or otherwise, but it shall not include the United States or the state.

“Selling price” means the consideration, including money or anything of value, paid or delivered or contracted to be paid or delivered in return for the transfer of the real property or estate or interest in real property, and shall include the amount of any lien, mortgage, contract indebtedness, or other encumbrance, either given to secure the purchase price, or any part thereof, or remaining unpaid on such property at the time of sale; provided, however, that “selling price” shall not include the amount of any outstanding lien or encumbrance in favor of the United States, the state or a municipal corporation for taxes, special benefits or improvements.

“State” means the state of Washington.

“Treasurer” means the Skagit County treasurer. (Ord. 2174 § 1, 1991)