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HomeMy WebLinkAbout005 11 c,e,'.PrD ~'7.}1 STATE OF WASHINGTON COUNTY OF JEFFERSON In the Matter of: x Resolution No. 05-11 Updating Right-of-Way Acquisition Procedures x and appointing staff responsible for x the various elements of the right-of-way x acquisition process, replacing x Jefferson County Resolution No. 84-99. x WHEREAS, Jefferson County, desires to acquire real property in accordance with the State Uniform Relocation Assistance and Real Property Acquisition Act (Ch. 8.26 RCW) and State Regulations (Ch. 468-100 WAC) and applicable Federal Regulations, and WHEREAS, the Jefferson County Department of Public Works is responsible for the real property acquisition and relocation activities on projects involving County Road rights-of-way and other County projects, administered by Jefferson County, and WHEREAS. to fulfill the above requirements, the Jefferson County Department of Public Works will acquire rights-of-way and real property in accordance with the policies set forth in the Washington State Department of Transportation (WSDOT) Right of Way Manual (M26- 01) and Local Agency Guidelines Manual (M 36-63.08), and WHEREAS, the following Right-of-Way Acquisition Procedures and the appointment of personnel responsible for the various elements of the right of way acquisition process replaces Jefferson County Resolution No.27-79 & No.84-99, NOW, THEREFORE BE IT RESOLVED by the Board of Jefferson County Commissioners that the County adopt the following Right-of-Way Acquisition Procedures, for the acquisition of real property: 1. Jefferson County has the following expertise and personnel capable to accomplish these functions: A. Proaram Administration - Public Works Director/County Engineer Project Managers B. Appraisal- Contract Fee Appraiser or qualified agency selected in consultation with, and approved by WSDOT C. Aopraisal Review- Contract Fee Appraiser or qualified agency selected in consultation with, and approved by WSDOT D. Acauisition Neaotiator- Project Managers Right of Way Representative Page 1 of4 E. Relocation- Contract with WSDOT or other qualified Consultant selected in consultation with and approved by WSDOT F. Prooertv Manaaement- Public Works Director/County Engineer Project Managers Right of Way Representative 2. Jefferson County desiring to acquire Real Property according to 23 CFR, Part 635, Subpart C and State directives and desiring to take advantage of the $25,000.00 appraisal waiver process approved by the Federal Highway Administration for Washington State, hereby agrees to follow the procedure approved for the Washington State Department of Transportation as follows: RULES A. The Jefferson County Department of Public Works (Agency) may elect to waive the requirement for an appraisal if the acquisition is simple and the compensation estimate indicated on the Project Funding Estimate (PFE) is $25,000.00 or less including cost-to cure items. B. The Agency must make the property owner(s) aware that an appraisal has not been done on the property and that one will be completed if they desire. C. Special care should be taken in the preparation of the waiver. As no review is mandated, the preparer needs to assure that the compensation is fair and that all the calculations are correct. PROCEDURES A. An Administrative Offer Summary (AOS) is prepared using data from the PFE. B. The AOS is submitted to the Director of Public Works or their designated representative for approval. C. The Director signs the AOS authorizing a first offer to the property owner(s). 3. Just Compensation includes amounts for the value of the lands and improvements acquired for the project, uneconomic remnants, damages, and deductions for special benefIts as established through the Authorization and Concurrence by the Board of County Commissioners. 4. Administrative Settlements may be required, in addition to Just Compensation in order to acquire needed rights-of-way. Administrative Settlements can help mitigate or eliminate costly condemnation litigation and project construction schedule delays. The Project Parcel Negotiation Diary shall contain rationale, justification and/or documentation for the Settlement Offer. The authority granted to County officials to provide Administrative Settlement Offers is as follows: A. Acauisitlon Neaotiator A counter-offer of Just Compensation plus an Administrative Settlement not to exceed 20% of the Just Compensation value. Page 2 of4 B. Proiect Manaaer A counter-offer of Just Compensation plus an Administrative Settlement not to exceed 30% of the Just Compensation value. C. Public Works Director/County Enaineer A counter-offer of Just Compensation plus an Administrative Settlement not to exceed 50% of the Just Compensation value. D. Jefferson County Board of County Commissioners A counter-offer of Just Compensation plus an Administrative Settlement exceeding 50% of the Just Compensation value. 5. All projects shall be available for review by the Federal Highway Administration . and the state of Washington at any time. All project documents shall be retained and available for Inspection during the plan development, right of way acquisition and construction stages and for a. three (3) year period following acceptance of the projects by WSDOT. 6. WSDOT approval of Jefferson County's procedures, contained herein, may be rescinded at any time should Jefferson County be found to no longer have qualified staff or is found to be in non-compllance with applicable Washington State Department of Transportation regulations. The rescission may be applied to all or part of the functions approved. Page 3 of4 . ~ ~ ~?~~VEDthis~claYOf . ~i~~,"---,2011. . . . JEFFERSON COUNTY BOARD 0 .OMMISSJONERS , $ , ./ Lorna Delaney Clerk oUhe Boarc:I JEFFERSON COUNTY DE~... 'TM.' .. ..F BLI.C WORKS . d~~ (; VC FrankGlffo.rcl PubDcWorks D ..,/ia/lI Date , .., . . APPROVED AS TO FORM: Jefferson CountY . ...~4~~Attome~ ... . ... ...... ........a .. .i 1-/ g...2PU . Date .. Acknowledged by: Washington State Department of Tram;portatlon Representative Date Plige4of4 ..