HomeMy WebLinkAbout146A-02 - Res. Deeming Public Works Responsible for Real Property Acquisition and Relocation STATE OF WASHINGTON
COUNTY OF MASON
In the Matter of: )
Resolution No . 146A- 02
Establishing Right of Way Acquisition )
Procedures and appointing staff personnel )
responsible for the various elements of the )
Right of Way Acquisition process . )
NOW, THEREFORE, BE IT RESOLVED by the Board of Mason County Commissioners that :
WHEREAS , Mason 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 . The Mason County Department of Public Works is
responsible for the real property acquisition and relocation activities on projects administered by Mason
County. To fulfill the above requirements , the Mason County Department of Public Works will acquire
right of way in accordance with the policies set forth in the Washington State Department of
Transportation Right of Way 'Manual (M26-01 ) and Local Agency Guidelines Manual (M 36-6) . Mason
County has the following expertise and personnel capabilities to accomplish these functions :
1 . A . Program Administration -
Public Works Director / County Engineer
Project Managers
Be Appraisal -
Contract Fee Appraiser approved by WSDOT
Co Appraisal Review -
Right of Way Agent (staff) approved by WSDOT
or
Contract Fee Review Appraiser approved by WSDOT
D . Acquisition Negotiator -
Project Managers
Right of way Representative
Contract Fee Negotiator approved by W SDOT
E . Relocation -
Contract with WSDOT
F . Property Management -
Right of Way Agent (staff) approved By WSDOT
Contract with WSDOT
2 . 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 rationale , justification
and or documentation for the Settlement Offer . The level of authority to offer
Administrative Settlements will be as follows and final approval will rest with the Board of
Mason County Commissioners :
A. Acquisition Negotiator
Just compensation plus $ 500 . 00 Administrative Settlement .
Be Project Manager .
Just compensation plus $ 1 , 000 . 00 Administrative Settlement .
C . Public Works Director/County Engineer
Just Compensation plus $ 5 , 000 . 00 Administrative Settlement,
D . Mason County Board of County Commissioners
Just Compensation plus any counter offer in excess of or $ 5 , 000 . 00 .
Page 1 of 2 Pages
3 . All projects shall be available for review by the FHWA and the state at any time , and 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 .
4 . Approval of Mason County ' s procedures by WSDOT may be rescinded at any time Mason
County 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 this 5th day of November , 2002 .
MASON COUNTY
BOARD OF COMMISSIONERS
WESLEY JOHNSON, Chairperson
d
HERB BAZE, Commissioner
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BOB HOLTER, Commissioner
MASON COUNTY
DEPARTMENT OF PUBLIC WORKS
JERrW . HAUTH, PE
Director/County Engineer
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Date
ATTEST :
REBE CA S . ROGERS
Cler of the Board
APP 11 ZOVED AS TO FORM :
PROSECUTING ATTORNEY
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WAIVER OF APPRAISAL
The Mason County Department of Public Works desiring to acquire Real Property according to
23 CFR, Part 635 , Subpart C and State directives and desiring to take advantage of the 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 . Mason County may elect to waive the requirement for an appraisal if the valuation
problem is uncomplicated and the compensation estimate indicated on the PFE (Project
Funding Estimate) is $ 10 , 000 . 00 or less inclusive of cost-to -cure items .
Be Mason County 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 .
Co 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 .
Be The AOS is submitted to the Public Works Director/County Engineer for approval .
C . The Public Works Director/County Engineer signs the AOS authorizing a first offer to the
property owner(s) .
APPROVED :
MASON COUNTY WASHINGTON STATE DEPARTMENT
DEPARTMENT OF PUBLIC WORKS OF TRA.IVSPORTATION
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JE W . H TH , PE DIRECTOR, REAL I` TE SERVICES
Public Works Director/County Engineer
DATE : / % a/ DZ— DATE :
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