Loading...
HomeMy WebLinkAbout1684 ResolutionRESOLUTION NO. 1 684 RIGHT OF WAY ACQUISITION PROCEDURES 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 program or project will result in the displacement of any person or their personal property, or involves any federal aid route or immediate or future financing, in whole or in part, or by an agency of the federal government. 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 or their personal property, or involves any federal aid route or immediate or future financing, in whole or in part, by an agency of the federal government. 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. 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. 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 a program or project 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 - 2 - (b) All pertinent data affecting the cost of the right of way (c) Existing ground or road profile and 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 - 3 - which will be included in construction). (c) Appraisal and appraisal review (except where donation is expected). (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. - 4 - 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. 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. 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. - 6 - 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 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. - 7 - 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 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 - 8 - 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 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 - 9 - — PASSED by the City Council this /.5 day of 1985 and approved by the Mayor. e W. Mayor Evelyn W lls, City Clerk Greg A. Rub llo, City Attorney Administration needs to refer will carry the Federal-aid project number for ready identification. This Resolution superceeds Resolution No. 1677 passed on June 3, 1985. APPROVED AS TO FORM: