HomeMy WebLinkAbout27-11 - Res. Replacing Res. 146A-02 Deleting Mason County Code Chapter 13.12RESOLUTION NO.
Replacing Resolution 146A-02 and Deleting Mason County Code Chapter 13.12
Real Property Acquisition Procedures for Public Works Projects
WHEREAS, The Mason County Department of Public Works engages in projects designed to
improve the County's transportation infrastructure; and
WHEREAS, said projects frequently require the acquisition of additional right of way from
abutting property owners; and
WHEREAS, certain federal and state laws and regulations set forth procedures for the
acquisition of real property, including rights of way; and
WHEREAS, the Mason County Board of County Commissioners finds that adherence to said
laws and regulations in all real property and right of way acquisition activities of County staff is
appropriate and required; and
WHEREAS, the real property and right of way acquisition procedures found in resolution 146A-
02 and Mason County Code Chapter 13.12 should be replaced.
NOW, THEREFORE, BE IT RESOLVED by the Mason County Board of Commissioners that
the Real Property Acquisition Procedures for Public Works Projects found in Exhibit A, attached
hereto, are hereby adopted and mandated for use by Public Works staff in connection with all
transportation improvement projects and other activities in pursuit of the Public Works mission; and
BE IT FURTHER RESOLVED that the real property and right of way acquisition procedures
found in Mason County Resolution 146A-02 are hereby replaced and those found in Mason County
Code Chapter 13.12 are deleted.
DATED this `. day of Ace_ 2011.
ATTEST:
1 A L �A IL--
Sh. nnon Goudy, Clerk of .- e Boar
APPROVED AS TO FORM:
Chief Deputy Prosecuting Attorney
/026
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
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da Ring Ericks' , Chair
Tim Sheldon, Commissioner
Jerry Lingle, ommissioner
Mason County, Washington
REAL PROPERTY ACQUISITION PROCEDURES
FOR. PUBLIC WORKS PROJECTS
Mason County ("AGENCY"), 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 statues and Washington Administrative Code.
The Public Works Department ("Department") of the AGENCY is responsible for the real
property acquisition and relocation. activities on projects administered by the AGENCY.. To
fulfill the above requirements, the Department will acquire right of way in accordance with
the policies set forth in the Washington State Department of Transportation Right of Way
Manual (M 26-01) and Local Agency Guidelines manual (M 36-6) ("LAG Manual"). The
AGENCY has the following expertise and personnel capabilities to accomplish these
functions (see the attached staff Resumes of Right of Way Qualifications)
2. Personnel and Capabilities
2.1. PROGRAM ADMINISTRATION.
Deputy Director, Public Works Department/County Engineer
2.2: APPRAISAL.
Q ualified contractors or WSDOT personnel
2.3. APPRAISAL REVIEW
Q ualified contractors or WSDOT personnel
2.4. ACQUISITION
Right of Way Manager
Right of Way Agent
Right of Way Technician
Q ualified contractors or WSDOT personnel
2.5. RELOCATION
Right of Way Manager with direct supervision of WSDOT personnel
Right of Way Agent with direct supervision of WSDOT personnel
Q ualified contractors or WSDOT personnel
TO R.EQ[[IREMFNTS LISTED IN
EDURF.S APPROVAL LETTER
(Attachment A)
MASON COUNTY Page 1 of 3
REAL PROPERTY ACQUISITION PROCEDURES
G u N-! a 1 T` A
2.6. PROPERTY MANAGEMENT
Right of Way Manager
Board appointed Property Manager
3. Any functions for which the AGENCY does not have staff will be contracted for with the
Washington Department of Transportation (WSDOT), another local agency with approved
procedures or an outside contractor. If the AGENCY proposes to use outside contractors
for any of the above functions, it will work closely with the WSDOT Local Agency
Coordinator and Highway and Local Programs to ensure all requirements are met. When
the AGENCY proposes to have a staff person negotiate who is not experienced in
n egotiation for FHWA-funded projects, the Coordinator must be given a reasonable
o pportunity to review all offers and supporting data before they are presented to property
owners.
4. The AGENCY wishes to take advantage of the appraisal waiver process for properties
✓ alued at $25,000 or less and will use the following process, which is the process outlined in
LAG Manual Appendix 25.146:
The AGENCY, 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 waver
process approved by the Federal Highway Administration for Washington State, will follow
the procedure approved for the Washington State Department of Transportation as follows:
4.1. Rules
4.1.1. The 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 $25,000.00 or less, including cost -to -cure items.
4.1.2. The AGENCY must make the property owner(s) aware in the offer letter that an
appraisal has not been done on the property and that one will be completed if
they desire.
4.1.3. 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.
4.2. Procedures
4.2.1. An Administrative Offer Summary (AOS) is prepared using data from the PFE.
4.2.2. The AOS is submitted to the Assistant Public Works Director/County Engineer for
approval.
4.2.3. The Assistant Public Works Director/County Engineer signs the AOS authorizing
a first offer to the property owner(s).
MASON COUNTY Page 2 of 3
REAL PROPERTY ACQUISITION PROCEDURES
5. The following is the AGENCY'S administrative settlement policy specifying the approving
authorities for making administrative settlements.
Administrative settlements are occasionally required in addition to just compensation in
order to acquire needed right of way through negotiation. These administrative settlements
can help eliminate costly condemnation litigation and project construction schedule delays.
The Project Parcel Negotiation Diary shall contain the background leading to the need for an
administrative settlement and a memo to the file shall be prepared detailing the rationale
and justification. The level of authority to offer administrative settlements is as follows:
5.1. Acquisition Negotiator - Just compensation plus up to an additional $5000.00.
5.2. Construction and Engineering Manager - Just compensation plus up to an additional
$10,000.00.
5.3. Director, Public Works or Deputy Director Public Works /County Engineer - Just
Compensation plus up to an additional $25,000.00.
5.4. Mason County Board of County Commissioners, Chairperson - Just Compensation plus
any administrative settlement offer in excess of $25,000.00.
6. Public Works may establish policy that provides for minimum payments for right of way and
temporary construction easements ranging from $250.00 to $1000.00 per tax parcel to
acquire.
7. All projects shall be available for review by the Federal Highway Administration (FHWA) and
WSDOT at any time and 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-year period following acceptance of the projects by WSDOT.
8. Approval of the AGENCY'S procedures by WSDOT may be rescinded at any time the
AGENCY is found to no longer have qualified staff or is found to be in non-compliance with
the regulations. The rescission may be applied to all or part of the functions approved.
APPROVED:
MASON COUNTY
7-7
/ I I. ,..;
Brian K. Matthews, P.E.
Deputy Director, Public Works Department/
County Engineer
APPROVED:
WASHINGTON DEPARTMENT OF
TRANSPORATION
/4/.,'
CZ&A'6/WWI
Afr
Real Estate Services
MASON COUNTY
REAL PROPERTY ACQUISITION PROCEDURES
Page 3 of 3
RECEIVED
JUN 0 6 2011
a
Washington State MASON COUNTY PUBLIC WORKS
Department of Transportation
Paula J. Hammond, P.E.
Secretary of Transportation
1
Mr. Brian Matthews, PE
County Engineer
Mason County
100 W. Public Works Drive
Shelton, Washington 9 8 5 84-9714
ri June 2, 2011
Dear Mr. Matthews:
Transportation Building
310 Maple Park Avenue S.E
P.O. Box 47300
Olympia, WA 98504-7300
360-705-7000
TTY: 1-800-833-6388
www.wsdot.wa.gov
Mason County
Right of Way Procedures
Recently, the WSDOT Headquarters, Real Estate Services Division, reviewed your agency's
submittal of right of way procedures. Upon their review, Mason County's right of way
procedures are approved with the following requirements:
1. At a minimum, the coordinator will work closely with agency staff, including
meeting with staff both prior to the agency initiating the valuation process and
prior to the agency presenting first offers.
2. All appraisals, appraisal reviews and any relocation must be contracted for
with a qualified agency or consultant and any relocation consultant must be
approved and monitored by the coordinator or a WSDOT relocation specialist.
In addition the County is approved to use the FHWA approved waiver process of S25,000.00
or less, including cost to cure items. If you have any questions regarding the provisions,
please contact Paul Lovgren, Olympic Region LA Coordinator, at (360) 357-2723, or Galen
Wright, Real Estate Services, Olympia, at (360)705-7308.
Sincerely,
at,1/4) \L•Q\
Stacie Kelsey
Standards and Procedures Engineer
Highways & Local Programs Division
SLK:gw:ac
Enclosure
cc: Galen Wright, Real Estate Services Division, MS 47338
Neal Campbell, Olympic Region Local Programs, ms 47440, w/enclosure
Paul Lovgren, Olympic Region, MS 47440, w/enclosure
Attachment A