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HomeMy WebLinkAbout084 99 r , " - . ;. -~ -. -~ STATE OF WASHINGTON COUNTY OF JEFFERSON In the Matter of: 84-99 x Resolution No. Revising Right-of-Way Acquisition Procedures And appointing staff personal responsible for the various elements of the right-of-way acquisition process, supplementing Jefferson County Resolution No. 27-79. x x x x x WHEREAS, Jefferson County, desiring 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 hereby adopts the following procedures to implement the above statutes and Washington Administrative Code, 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, administered by Jefferson County, and WHEREAS, to fulfill the above requirements, the Jefferson County Department of Public Works will acquire rights-of-way in accordance with the policies set forth in the Washington State Department of Transportation (WSDOT) Ríght of Way Manual (M26-01) and Local Agency Guídelínes Manual (M 36- 6), and WHEREAS, the following revised Right-of-Way Acquisition Procedures and the appointment of staff personal responsible for the various elements of the right of way acquisition process, supplements Jefferson County Resolution No.27-79, and 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: these 1 . Jefferson County has the following expertise and personnel capabilities to accomplish functions: A. Program Administration - Public Works Director/County Engineer Project Managers B. Appraisal- Contract Fee Appraiser selected in consultation with, and approved by WSDOT C. Appraisal Review - Contract Fee Appraiser selected in consultation with, and approved by WSDOT D. Acauisition Negotiator- Project Managers Right of way Representative Parks and Trail Representative E. Relocation- Contract with WSDOT F" Property Manaaement- Public Works Director/County Engineer Project Managers 2. Jefferson County Appraisal Waiver process on properties valued at $10,000 or less is as follows: Jefferson County wishes to take advantage of an Appraisal Waiver process on properties valued at $ 10,000.00 or less. The process followed will be as outlined as in the LAG Manual Appendix 25.146 and is hereby incorporated as part of these procedures. 3. Just Compensation includes amounts for the value of the lands and improvements acquired for the projeçt, uneconomiç re.mnaots, damages, and deductions for special benefits. 4. Administrative Settlements may be required, in addition to Just Compensation in order to acquire needed Right-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 provided that prior to the offer of any administrative settlement, settlement strategy including the negotiation amounts to be offered will be reviewed and approved by the Board of County Commissioners. R WprocedRESL6-1 0499 VOL ,) 5 !r~, r" ",", , r - '"" '--f 1", c._-"---,-,~"1,.. .... , , '- -..^ -. ',,- .. -, '" , ." ... ~,. .'. .. .,,' A. Acauisition Neaotiator A counter-offer of Just Compensation plus an Administrative Settlement up to 20% of the Just Compensation, or $5,000.00, whichever is less. B. Proiect Manaaer A counter-offer of Just Compensation plus an Administrative Settlement up to 30% of the Just Compensation, or $10,000.00, whichever is less. C. Public Works Director/County Enaineer A counter-offer of Just Compensation plus an Administrative Settlement up to 50% of the Just Compensation, or $15,000.00. whichever is less. D. Jefferson Countv Board of County Commissioners A counter-offer of Just Compensation plus an Administrative Settlement exceeding 50% of the Just Compensation, or a counter offer of Just Compensation plus an Administrative Settlement of $15,000.00, or greater. 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 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-compliance with applicable WSDOT the regulations. The rescission may be applied to all or part of the functions approved. II~aYOf (!JrU~ ,1999. JEFFERSON COUNTY BO¿1f OF COMMISSIONERS IJ~ / Dan Harpole, C . er tt... Lorna Delaney Clerk of the Board (Excused Absence) Richard Wojt, Member JEFFERSON COUNTY DEPARTMENT OF P LlC WORKS ~ id Frank Gifford Public Works Dir ctor/County Engineer, Interim 10 ("jç; f Date' I Washington State D tment of Department of Tran p rtation Representative - /~ir h'ì . Date! I SUBJECT TO RBQUIRBMBNTS USTBD IN RIGHT OF WAY PROCBDURES APPROVAL LBTrER R WprocedRESL6-1 0499 VOL ')5 f\';,"""'4 ' ,r -. . G r "u~ U:"~"'", ',' . . JEFFERSON COUNTY DEPARTMENT OF PUBLIC WORKS U-R: \] ¿",,-¡ ~.,'?','"""-,,, '.W ". - '- r¡/t:/ : ~~ ! .\ ", '{ LOCAL AGENCY GUIDELINES JULY 1999 Appendix 25.146 P.O. Box 2070 1322 Washington 81. Port Townsend, WA 98368 (360) 385-9160 Frank Gifford, Public Works Director/County Engineer JEFFERSON COUNTY APPRAISAL WAIVER PROCEDURE WAIVER OF APPRAISAL 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 $10,000.00 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 PFE (Project Funding Estimate) is $10,000.00 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 COITecl. 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 fITst offer to the property owner(s). Date t)vT {t3 ,1999 JEFFERSON COUNTY Department of Public Works APPROVED: F~{ PI Public Works Director/County Engineer, Interim ø Real Estate Services Washington State Of Transportation Appraisal Waiver procedures 101599 . VOL 25 rAGfO;55 100% Recycled Paper ~, --.' ~ ~ Washington State "II Department of Transportat!on Sid Morrison Secretary of Transportation October 22, 1999 Transportation Building P.O, Box 47300 Olympia, W 8504.7300 Mr. Frank Gifford Public Works Director Jefferson County P. O. Box 2070 Port Townsend, W A 98368-0249 Dear Mr. Gifford: Recently the WSDOT's Olympia Service Center, Real Estate Services Division, reviewed your agency's submittal of right of way procedures. Upon their review, Jefferson Coury's right of way procedures are approved with the following requirements: 1. Since the county has limited right of way staff, they are approved to acquire only with direct supervision from the Region Local Agency (LA) Coordinator. At a minimum the LA Coordinator must review all parcel files prior to first offers being made to the property owner. 2. All appraisals, appraisal reviews and any relocation work must be contracted with qualified agencies or consultants. Any relocation consultant must be approved and monitored by the LA Coordinator. In addition, the county is approved to use the appraisal waiver process on federal aid projects. Uyou have any questions regarding the provisions, please contact Hal Wolfe, Olympic Region LA Coordinator, at (360) 357-2693, or Galen Wright, Real Estate Services Olympia, at (360) 705-7308. (~~)elY/ ~ /J- ~# STEPHANIE TAX Program Analyst Highways & Local Programs Service Center ST:ds rwjeffer Enclosure cc: Galen Wright, 7338 Hal Wolfe, Olympic Region, w/enclosure Mike Horton, Olympic Region, w/enc1osure VOL ') 5'P .~ c r' ;r; ,;:~t:' "lO,VUU :.:;.:.:;:. " ,'", (~,': ¡:.(:-:;;3~~Jü:;t 'Com pen sa t10(:1'1 ncl 0 a es-a moon ts-ro r'm ~f:\la ro e-or:-me-r a no s-:ar¡cr,rrn P rav~,ml:!,[l1~a,~q~IT~~-' ,.--- , ,--- ,'....' ..... ,'--'-,__C~'L~_~r.,_' "',,--"':','" .. '-'. , . RESOLUTION REVIEW FORM RIGHT OF WAY Procedures Resolution SUPPLEMENT TO right otway Procedures TERM: COUNTY DE;P ARTMENT: PUBLIC WQßKS ,,',,"', For More InfcH':mation Contact: Cont~ct Phone #: "', ",' "i'" ,,',"',' WillButterfi'~l;d' 350; '" ¡ RETURN"I'f}:,¡ ""',' RETURN8j¥:'" " AMOUNT: Exempt from Bid Process Consultant Selection Process Cooperative Purchase Competitive Sealed Bid Small Works Roster Vendor List Bid RFP or RFQ Other PROCESS: Revenue: Expenditure: Matching Funds Required: Sources(s) of Matching Funds Step 1: Review by: Date Reviewed: APPROVED FORM ents Step 2: .-A~ Review by: Date Reviewed: Y1 APPROVED AS TO FORM é'o~ents Step 3: DEPARTMENT MAKES REVISIONS Have contractor sign appropriate number of originals. Step 4: SUBMIT TO PROSECUTING ATTORNEY FOR FINAL SIGN OFF Step 5: SUBMIT TO BOCC FOR APPROVAL Submit originals and 7 copies of Contract, Review Fonn, and Agenda Bill to BOCC Office. Place "Sign Here" markers on all places the BOCC needs to sign. MUST be in BOCC Office by 5 p.m. WEDNESDAY for the following Monday's agenda. (This fonn to stay with contract throughout the contract review process.) YO 1- ')5 Pi-? [.. fAr:" ..J~