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HomeMy WebLinkAbout16-80 ..... I' .' /. . . Z 1 5,~o. yv /<<'-8.; 1 RESOLUTION NO. /t-,ftl 2 A RESOLUTION of the City of Port Angeles adopting the right of way procedures policy as set forth in state and federal guidelines. .3 4 5 WHEREAS, the City of Port Angeles, in accordance 6 with the State Uniform Relocation Assistance and Real Property 7 Acquisition Act (R.C.W. Ch. 8.26) and state regulations WAC Ch. 8 365-24, should adopt right of way acquisition procedures policy 9 as set forth in state and federal guidelines; and 10 WHEREAS, these procedures are required in order for 11 the City of Port Angeles to be certified in the right of way 12 acquisition for federally funded projects which the City locally 13 administrates; 14 NOW, THEREFORE, be it resolved by the Council of 15 the City of Port Angeles, Washington, that the right of way 16 acquisition procedures, as prepared by the Public Works Department, 17 attached as Exhibit "A", be and the same is hereby adopted. 18 PASSED by the City Council of the City of Port Angeles at a regular meeting of the Council held on the ~d ~ day of 19 May, 1980. 20 A~j;~h( 21 22 23 ATTEST: 24 25 ~~.~ City Clerk 26 27 28 29 30 31 32 e e " ,EXHIBIT "A" RIGHT OF WAY ACQUISITION PROCEDURES OF THE CITY OF PORT ANGELES POLICY STATEMENT The City of Port Angeles, 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 implement the above statute and Washington Administrative Code. The Public Works Department, of the City of Port Angeles is responsible for the real property acquisition activities on projects administered by the City of Port Angeles. To fulfill the property acquisition role in development and implementation, the Public Works Department has the following expertise and personnel capabilities and accomplishes these functions under the following procedures: A PERSONNEL AND DUTIES 1. DIRECTOR OF PUBLIC WORKS Administers all activities of the Engineering Division, including support to the City Attorney in litigation, environmental law compliance and the property acquisition programs for the Depart- ment. Assures compliance with appropriate City of Port Angeles ordinances and resolutions, State statutes, rules and regulations which pertain to real property acquisition. 2. SENIOR ENGINEER SPECIALIST Administers all appraisal acitivities~ including estimates of right of way costs and appraisals of fair market value to assure that the City of Port Angeles appraisal process complies with appropriate City, County, and State statutes, laws, rules and regulations. Coordinates and assigns all appraisal work, main- tains permanent files on all appraisals, prepares appraisals. Reviews all appraisals to determine the adequacy and reliability of supporting data and to approve an adequately supported appraisal report which represents fair market value. Researches market data to assure up to date information on the real estate market and provides court testimony on appraisals for condemnation. 3. CITY ENGINEER Advises owners of need for project, of impact upon their property and of their rights under Public Law RCW ch. 8.26. Reviews project plans, appraisals and instruments for adequacy as to real property considerations. Actively negotiates with owners to acquire real property in conformance with all laws, rules and regulations. Requests condemnation procedure when necessary. Sets up Escrows and instructions. B e FEDERAL-AID REQUIREMENT CHECKLIST: REFERENCE I. REAL PROPERTY MUST BE APPRAISED BEFORE INITIATION OF NEGOTIATIONS WITH THE OWNER. Property acquired by the City of Port Angeles for Public Works projects will be appraised by a quali- fied staff or fee appraiser with appropriate appraisal review before initiation of negotiations with the owner. REFERENCE 2. OWNERS MUST BE GIVEN AN OPPORTUNITY TO ACCOMPANY EACH APPRAISER DURING HIS INSPECTION OF THE PROPERTY. The City of Port Angeles appraiser will contact the owner and extend an invitation for the owner to accompany the appraiser during his inspection of the property. Appointment should be made at the owner's convenience. REFERENCE 3. THE ACQUIRING AGENCY MUST ESTABLISH JUST COMPENSATION BEFORE INITIATION OF NEGOTIATIONS WITH THE OWNERS. The City of Port Angeles will establish just compensation from the Review Appraiser's estimate of value before negotiating with any owner. Any amounts paid over just compensation for the property will be an administrative settlement and will be so documented in the acquisition file as to the justification used in arriving at the amount of the settlement. However, in an administrative or stipulated settlement, payment will not be made by the person who determined the settlement. REFERENCE 4. NO INCREASE OR DECREASE IN THE FMV DUE TO THE PROJECT EXCEPT PHYSICAL DETERIORATION, IS TO BE CONSIDERED IN THE VALUATION OF THE PROPERTY. e During the appraisal process, the City of Port Angeles will not consider any factors of the project that would influence the valuation of the property except physical deterioration wherever appropriate. . REFERENCE 5. APPRAISALS ARE NOT TO GIVE CONSIDERATION NOR INCLUDE ANY ALLOWANCE FOR RELOCATION ASSISTANCE BENEFITS. The City of Port Angeles will not consider relocation assistance benefits in their appraisal process in estab~ lishing fair market value for the property to be acquired. REFERENCE 6. THE OWNER IS NOT TO BE LEFT WITH AN UNECONOMIC REMNANT THAT THE ACQUIRING AGENCY DID NOT OFFER TO ACQUIRE. e Pursuant to RCW 8.26.180, Paragraph 9, the City of Port Angeles during acquisition of a portion of the owner's property will not leave an uneconomic remnant without offering to acquire the entire property from the owner. REFERENCE 7. THE OWNER IS TO BE GIVEN A WRITTEN STATEMENT OF THE AMOUNT ESTABLISHED AS JUST COMPENSATION, A SUMMARY OF THE BASIS FOR THE AMOUNT OF JUST COMPENSATION, AND WHERE APPROPRIATE, THE JUST COMPENSATION FOR REAL PROPERTY ACQUIRED, AND DAMAGES ARE TO BE SEPARATELY STATED IN THE WRITTEN STATEMENT. The City of Port Angeles will give to the owner at the ' initiation of negotiation a written statement known as the "fair market letter". That statement will be the amount of just compensation based on a review and analysis of an appraisal(s) made by a qualified appraiser with a summary thereof, showing the basis for just compensation. Included in the fair offer letter will be,ideritificatiom or the r.eal property to be acquired, including the estate or interest being acquired. There will be, when appropriate, the identification of the improvements and fixtures considered to be part of the real property to be acquired. The fair offer letter will show that portion of the just compensation' which is considered the amount of damages to the remaining property. At the initiation of negotiation with the owner the City of Port Angeles will give to the owner an Acquisition Brochure furnished by the Washington State Department of Transportation. REFERENCE 8. NO OWNER SHALL BE REQUIRED TO SURRENDER POSSESSION BEFORE THE AGREED PURCHASE PRICE HAS BEEN PAID OR THE APPROVED AMOUNT OF COMPENSATION HAS BEEN PAID INTO THE COURT. The City of Port Angeles will not require the owner or tenant to surrender possession of the property before 90 days after the agreed purchase price has been paid or the approved amount of compensation has been paid into 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. e REYEJWNCE 9. ALL DISPLACED PERSONS MUST BE GIVEN A 90-DAY NOTICE IN ADVANCE OF THE DATE THEY ARE REQUIRED TO MOVE. Any property acquisition that involves relocation assistance to an owner will be contracted for with the Washington State Department of Transportation by the use of their personnel and will follow Federal Highway Administration rules and regulations regarding 90 day notices required in advance of the date owners are required to move. e REFERENCE 10. THE RENTAL AMOUNT CHARGED TO OWNERS AND/OR TENANTS PERMITTED TO OCCUpy THE PROPERTY SUBSEQUENT TO ACQUISITION MUST NOT EXCEED THE FAIR MARKET RENTAL VALUE TO A SHORT-TERM OCCUPANT. Rental amounts charged to owners and/or tenants occupying the property subsequent to acquisition will not be in excess of the fair rental amount of a short-term occupant. REFERENCE 11. NO ACTION MUST BE 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 PROPERTY. Every reasonable effort will be made to acquire expeditiously real property by negotiations without exercising the right of Eminent Domain. No action will be 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 property. REFERENCE 12. THE CITY OF PORT ANGELES WILL ACQUIRE AN EQUAL INTEREST IN ALL BUILDINGS, ETC., LOCATED UPON THE REAL PROPERTY ACQUIRED. When any interest in real property is acquired, at least an equal interest will be acquired in all buildings, structures, or other improvements located upon the real property so acquired and which is required to be removed from such real property or which will be adversely affected by the use to which such real property will be put. REFERENCE 13. THE CITY OF PORT ANGELES WILL PAY RECORDING FEES, TRANSFER TAXES, ETC., PENALTY COSTS FOR PRE-PAYMENT OF A PRE-EXISTING MORTGAGE AND THE PRO-RATA SHARE OF REAL PROPERTY TAXES PAID SUBSEQUENT TO VESTING TITLE IN THE CITY OF PORT ANGELES. The City of Port Angeles will comply with RCW 8.26.200 and will pay direct or reimburse the owner for expenses necessarily incurred in the acquisition for: e r . Recording fees, transfer taxes, and similar expenses incidental to conveying such real property to the City of Port Angeles. Penalty costs for full or partial prepayment of any pre-existing recorded mortgage entered into in good faith encumbering such real'property; e The pro-rata portion of real property taxes paid which are allocable to a period subsequent to the date of vesting title in the City of Port Angeles, or the effective date of possession of such real property by the City of Port Angeles, whichever is the earlier. REFERENCE 14. NO PROPRETY OWNER CAN VOLUNTARILY DONATE HIS PROPERTY PRIOR TO BEING INFORMED OF HIS RIGHT TO RECEIVE JUST COMPENSATION. A donation or gift of real property will be accepted only after the owner has been fully informed of his right to receive just compensation. REFERENCE IS. PROVISIONS HAVE BEEN MADE FOR RODENT CONTROL SHOULD IT BE NECESSARY. If rodent control should become necessary in the project, the City of Port Angeles will make pro- visions to maintain control or eradicate the rodents. REFERENCE 16. NO OWNER WILL BE INTENTIONALLY REQUIRED TO INSTITUTE LEGAL PROCEEDINGS TO PROVE THE FACT OF THE TAKING OF HIS REAL PROPERTY. No owner will be intentionally required to in~titute legal proceedings to prove the fact of the taking of his real property. - e e The City of Port Angeles 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. Dated this ;). t) z?:, day of ~ 19 !tJ. CITY OF PORT ANGELES ATTEST: ~&~~ City Clerk ~~~~.~ Mayor CERTIFICATE The above is signed as City of Port Angeles policy pursuant to Resolution No. /t-S'l> dated ~ ,;l6; /98'd done at the regular meeting of the City of Port Ange es City Council.