HomeMy WebLinkAbout1677 ResolutionRESOLUTION NO. 1677
RIGHT OF WAY ACQUISITION PROCEDURES
FOR PASCO CITY STREETS
POLICY STATEMENT:
The City of Pasco, hereinafter referred to as the City,
desiring to acquire Real Property in accordance with the State
Uniform Relocation Assistance and Real Property Acquisition Act
(RCW Ch. 8.26) and State regulations (WAC Ch. 365-24) hereby
adopts the following procedures to apply whenever the
acquisition of real property for a street project will result in
the displacement of any person to implement the above statute and
Washington Administrative Code.
The Public Works Department, hereinafter referred to as
the Department, is responsible for the real property acquisition
and relocation activities on projects administered by said
Department. To fulfill the property acquisition-relocation
assistance role in the development and implementation of various
road improvement projects, the Department has the following
expertise and personnel capabilities and will accomplish said
role by adhering to the following procedures whenever the
acquisition of real property for a program or project will result
in the displacement of any person:
A
PERSONNEL AND RESPONSIBILITIES
I. PUBLIC WORKS DIRECTOR
Administers all activities of the Department including
support to the City Attorney during condemnation
proceedings. The Public Works Director shall assure that
the Departmental activities comply to environmental law,
appropriate County ordinances and resolutions, State
Statutes, rules and regulations which pertain to real
property acquisition and relocation assistance, and
property acquisition programs of the City.
The Public Works Director shall prepare cost estimates,
administer all appraisal activities including the
employment of or securing the services of qualified
appraisers, review all appraisals for adequacy and
reliability of supporting data, and recommend to the City
Council the amount of just compensation.
II. APPRAISER
The Department does not employ an appraiser as a
full-time staff person. Appraisal work will be performed
by qualified appraisers hired on a project by project
basis, qualified Assessor staff, or other government agency
appraisers on mutual agreement therefore.
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III. RELOCATION AGENT
The Department does not employ a relocation agent. The
Public Works Director will review the right of way
requirements to determine whether or not any individual,
family, business, non-profit organization or farm operation
will be displaced and file a negative report if there are
no displacements. The Public Works Director will take
such action as necessary, including as necessary the
arrangement for the services of another governmental agency
or consultant competent in relocation assistance to comply
with the foregoing acts if displacements will result.
IV. REAL PROPERTY AGENT
The Department does not employ a real property agent.
The Public Works Director will perform this function by
advising the owners of the need for the project, the impact
upon their property, their rights under Public Law RCW Ch.
8.26, and by negotiating with the owners to acquire real
property in conformance with all laws, rules, regulations
and departmental policies. The function of negotiation may
be performed by a qualified private individual retained by
the City for this purpose or another governmental agency
upon mutual agreement therefore if the process can be
performed more expeditiously with outside staff support.
PROCEDURES
In acquiring real property for road improvement projects
the Department will follow the procedures outlined below:
I. PRELIMINARY ACTIVITIES
1. The Department's engineering division shall prepare
and/or obtain the following:
A. Right of way maps shall be prepared which show:
(a) Each parcel to be acquired delineating:
1.) Parcel identification number
2.) Name of owners
3.) Area of parcel before and after
(b) All pertinent data affecting the cost of the
right of way
(c) Existing ground or road profile and
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designated road profile, when applicable;
(d) Required approach revisions together with
construction easement areas required;
(e) Drainages, and revisions together with
easements required;
(f) Any other facilities, structures or uses that
are affected by the right of way acquisition
and road improvement.
NOTE: Individual ownership and parcel maps may
be necessary to provide property
delineation. Items (d) through (f) must
be considered preliminary until after
appraisal or other contact has been made
with the land owner. On street
improvement projects requiring minor
additional right of way e.g., intersection
radius improvements, isolated horizontal
curve improvements and etc., the
preparation of right of way maps as set
forth above will not be required. For
these projects the preparation of
individual ownership and parcel maps will
be adequate.
B. Limited liability title report for each parcel.
C. Legal descriptions for each parcel of right of
way.
D. Proposed agreements, as required, for drainage,
irrigation, approach or other revisions for each
parcel.
E. Preliminary estimate of right of way costs for:
(a) Land and/or easements if to be purchased. If
acquisition is to be by donation, no estimate
of land is necessary.
(b) Facility revisions (other than approaches
which will be included in construction).
(c) Appraisal and appraisal review (except where
donation is expected).
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(d) Negotiations
2. The right of way maps, preliminary estimate, and
proposed method of acquisition shall be presented to
the City Council for approval.
3. If rights of way are to be acquired with funds from
outside sources, the Department may be required to
submit the approved right of way plan to the
appropriate agency for authorization to proceed.
II. APPRAISAL
1. Appraisals will be undertaken, for those parcels to be
acquired by purchase. Appraisal must be made before
the initiation of negotiations with the owner.
2. All appraisers shall include the following in their
appraisal procedures:
A. Owners must be given an opportunity to accompany
each appraiser during his inspection of the
property.
B. No increase or decrease in fair market value due
to the project except physical deterioration, is
to be considered in the valuation of the property.
C. Appraisals are not to give consideration nor
include any allowance for relocation assistance
benefits.
3. The appraisal report shall be a written document which
contains at least the following:
A. The purpose of the appraisal which includes a
statement of the value to be estimated and the
rights or interests being appraised.
B. Identification of the property and its ownership.
C. A statement of appropriate contingent and limiting
conditions, if any.
D. An adequate description of the neighborhood, the
property, the portion of the property or interest
therein being acquired, and the remainder(s) if
any.
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E. Identification photographs of the subject property
including all principal above ground improvements
or unusual features affecting the value of the
property to be acquired or damaged.
F. An identification or listing of the buildings,
structures, and other improvement on the land as
well as the fixtures which the appraiser
considered to be a part of the real property to be
acquired.
G. The estimate of just compensation for or resulting
from the acquisition is needed. In the case of a
partial acquisition, where appropriate, either in
the report or in a separate statement, a
reasonable allocation of the estimate of just
compensation for the real property to be acquired
and for damages to remaining real property should
be incorporated.
H. The data and analyses (or reference to same) to
explain, substantiate and thereby document the
estimate of just compensation.
I. The date(s) on which and/or as of which (as
appropriate) the just compensation is estimated.
J. The certification, signature, and date of
signature of the appraiser.
K. Other descriptive material (maps, charts, plans,
photographs).
L. The project and parcel numbers.
III. APPRAISAL REVIEW
1.) The Department shall examine all appraisal reports to
determine that they:
A. Follow accepted appraisal principles and
techniques in the valuation of real property in
accordance with existing State law.
B. Contain or make reference to the information
necessary to explain, substantiate, and thereby
document the conclusions and estimates of value
and/or just compensation contained therein.
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C. Include consideration of compensable items,
damages and benefits, and do not include
compensation for items noncompensable under State
law.
D. Contain an identification or listing of the
buildings, structures and other improvements on
the land as well as the fixtures which the
appraiser considered to be a part of the real
property to be acquired.
E. Contain the estimate of just compensation for, or
resulting from the acquisition. Include also
where appropriate, in the case of a partial
acquisition, either in the report or in a separate
statement, a reasonable allocation of the estimate
of just compensation for the real property
acquired and for damages to remaining real
property.
2.) During review the Department shall assure that no
owner is left with an uneconomic remnant for which the
City did not offer to acquire.
IV. ESTABLISH JUST COMPENSATION
1. The appraisal review and just compensation
recommendation shall be transmitted to the City
Council, and the City Manager upon review of the
recommendation and concurrence therein by the City
Council, shall approve same and have executed a
letter, known as the "Fair Offer Letter", to the owner
setting forth the amount of just compensation, a
summary of the basis for the amount of just
compensation, and where appropriate, the just
compensation for real property to be acquired and
damages are to be stated separately. The fair offer
letter will also include an identification of the real
property and identification of all improvements and
fixtures considered part of the real property being
acquired. The just compensation for real property and
the damages to the remaining property will be stated
separately.
2. If the City Council, upon its review, finds it cannot
concur in the recommended just compensation, the
appraisal review shall be returned, with reasons
therefore, to the person making the appraisal review,
who shall again review the appraisal together with the
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reasons for nonconcurrence, take appropriate action as
to the recommended just compensation and forward same
to the City Council for its disposition.
V. ACQUISITION - PURCHASE
1. Upon establishment of just compensation for all
parcels that are to be purchased on any one project or
complete segment thereof, the Department shall:
A. Mail, by certified return receipt, or deliver in
person, fair offer letters to all parties having a
known interest in each parcel.
B. Distribute an Acquisition Brochure furnished by
the Washington State Department of Transportation
to all owners.
C. Arrange to acquire the parcels by negotiation in
an expeditious manner provided a reasonable
settlement can be negotiated. Any amounts
negotiated over the just compensation will be an
administrative settlement and will be so
documented in the acquisition file as to
justification used in determining the settlement.
Payment will not be made by the person who
determined the settlement.
D. Provide for relocation assistance when same is
required due to displacement of persons,
businesses or farms.
E. Complete the acquisition making certain that:
(a) An equal interest is acquired in all
buildings etc. located upon the real property
acquired.
(b) All recording fees, transfer taxes, etc,;
penalty costs for prepayment of a
pre-existing mortgage and the pro-rata share
of real property taxes paid subsequent to
vesting title in the City, are paid by the
City.
F. If negotiations are unsuccessful, as evidenced by
documented offers and attempts to arrive at a
reasonable settlement, the Department shall
summarize the same in a written report to the City
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Council for a determination as to further steps to
be taken. There must be no action taken to
advance condemnation, defer negotiations, or
condemnation or take any other action coercive in
nature in order to compel an agreement on the
price to be paid for the parcel.
G. During the acquisition process no owner shall be
required to surrender possession before the agreed
purchase price has been paid or the amount
determined by the Court has been paid to the
Court. The 90-day notice may be reduced only in
the event the property being acquired is
unimproved, contains no personal property and is
not being utilized by the owner or tenant, unless
the owner after being informed of these rights and
after agreement on any obligations for relocation
or moving expenses, elects to specify a possession
date.
H. All displaced persons must be given a 90-day
notice in advance of the date they are required to
move. The City will provide relocation assistance
thru the Relocation Agent to an owner or tenant.
I. If the owners and/or tenants are permitted to
occupy the property subsequent to acquisition the
rental amount charged shall not exceed the fair
market value to a short term occupant.
VI. ACQUISITION - DONATION
1. Upon completion of the right of way maps and other
items of work together with the City Council approval
all as set forth in Section 1.1. And 2., above, the
Department shall:
A. Prepare and mail or deliver in person letters to
all parties having a known interest in parcel
expected to be donated. Said letters shall set
forth the rights of the parties to receive just
compensation for the title being acquired, that
donation of said title is requested, and that the
parties in making the donation will be required to
execute a waiver of the just compensation. The
letter as separate and apart from any obligations
for the relocation of persons and/or property
shall include proposed agreements for the
relocation or replacement of any facilities or
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improvements affected by the acquisition.
B. Distribute an Acquisition Brochure furnished by
the Washington State Department of Transportation
to all owners.
C. Arrange to acquire the parcels by donation in an
expeditious manner.
D. Complete the acquisition making certain that all
recording fees, transfer taxes, etc.; and the
pro-rata share of real property taxes subsequent
to vesting title in the City, are paid by the
City.
VII. EMINENT DOMAIN PROCEEDINGS
Should the City Council determine that acquisition through
eminent domain proceedings is necessary to acquire one or
more parcels, the City Council shall adopt a resolution
initiating such proceedings in accordance with the State
statute.
VIII. PROPERTY MANAGEMENT
The disposition of all salvagable items acquired with
property shall be accounted for by the Department.
IX. RODENT CONTROL
If rodent control should become necessary in the project,
the City will make provisions to control and/or eradicate
the rodents.
X. LEGAL PROCEEDINGS BY OWNER
No owner will be intentionally required to institute legal
proceedings to prove the fact of the taking of his real
property.
The City to promote more convenient administration of
federal aid projects will require that right of way plans,
contracts, deeds, appraisals, options, vouchers, correspondence
and all other documents and papers to which the Federal Highway
Administration needs to refer will carry the Federal-aid project
number for ready identification.
PASSED by the City Council this 3 day o
1985 and approved by the Mayor.
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APPROVED AS TO FORM
ATTEST:
,
Gr-. Rubstello, City Attorney