HomeMy WebLinkAboutR-2431 - Adopting Policy for Right-of-Way ProceduresCITY OF MARYSVILLE
Marysville, Washington
RESOLUTION NO. ;!... tf-..J /
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARYSVILLE,
WASHINGTON, ADOPTING POLICIES AND PROCEDURES FOR RIGHT-OF-
WAY ACQUISITION AS REQUIRED BY THE WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION AND AUTHORIZING THE MAYOR
TO EXECUTE DOCUMENTS NECESSARY TO OBTAIN SUCH RIGHTS-OF-
W A Y WHEN THE COST OF ACQUISITION IS LESS THAN $75,000.00.
WHEREAS, when right-of-way is acquired using federal grant funds, the City must
conform with federal regulations; and
WHEREAS, the Washington State Department of Transportation (WSDOT) has policies
that conform with applicable state and federal regulations; and
WHEREAS, to fulfill these requirements the City must acquire rights-of-way and real
property in accordance with the policies set forth in the WSDOT Right-of-Way Manual and the
Local Agencies Guidelines Manual; and
WHEREAS, adopting WSDOT documents --LPAOOI -ROW Procedures & Staff
Experience and LPA003 -Waiver of Appraisal Procedure-is necessary to comply with these
requirements; and
WHEREAS, adopting policies and procedures for right-of-way acquisition and
administrative settlements is also necessary to comply with these requirements; and
WHEREAS, to expedite the acquisition of real property and interests in real property for
right-of-way, the City Council authorizes the Mayor to execute all necessary documents to
transfer ownership when the compensation paid for such property is less than $75,000.00; and
WHEREAS, adopting the Right of Way Acquisition Administrative Settlement Policy &
Procedures for Marysville will enhance the City's ability to relieve traffic congestion and
improve its transportation network.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MARYSVILLE that WSDOT documents --LPAOOl -ROW Procedures & Staff Experience
and LPA003 -Waiver of Appraisal Procedure attached as Exhibits A and Bare adopted for use
by the City.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MARYSVILLE that the City Council authorizes the Mayor to execute all necessary documents
to transfer ownership when the compensation paid for such property is less than $75,000.00.
SL'i\ Ii c 'T TO REQUIREMENTS LTSTF.D TN
R1Gff1 Ul· WAl PKuCEDURES A.l-'PROVAL Lb'fTER
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MARYSVILLE that the Right of Way Acquisition Administrative Settlement Policy &
Procedures attached as Exhibit C is adopted for use by the City.
. ADOPTED by the City Council at an open public meeting this __ I _I __ day of De/c ervt~Je v-, 2011.
CITY OF MARYSVILLE
Attest:
B ~-. 1.Vlt\_~ &2_() c_~ Y---+-+--------------A -8 .2..BR:fEN; DEPUTY CITY CLERK
JI Vlt'\ ... 3Llit~-~
Approved as to form :
~-~
By __ -T'-----1--"-----------
S1TFUFi:'T TO REQUIREMENTS LISTFJ) IN
~v;·. 1 · ·, ... 1 l{UCEDURE::> A.l:'PRUYAL Lb l"'fER
Washington State
Department of Transportation
Mr. Kevin Nielsen
Public Works Director
City of Marysville
80 Columbia A venue
Marysville, Washington 98270-5130
January 31 , 2018
City of Marysville
Transportation Building
310 Maple Park A ·enue S.E.
P.O. Box 4 7300
Olympia, '.','A 98504-7300
360-705-7000
TIY: 1-800-833-6388
w· N.wsdot. ,a.go,
Updated Right of Way Procedures
Dear Mr. Nielsen:
On December 20, 2017, the Local Programs Right of Way Section received the City's
updated Right of Way (ROW) Procedures. These updated ROW procedures are
approved, and supersede and replace the previous procedures subject to the following
requirements:
1. Kevin Nielsen, P.E., Public Works Director and Jeff Laycock, P.E., City
Engineer are approved to perform the Program Administration function, which
includes oversight of hired ROW consultants, review and approval of
recommended actions and payments, review and preliminary approval of
administrative settlements, and authorization of just compensation including
approval of Administrative Offer Summaries (AOS).
2. Appraisals and appraisal reviews must be contracted for with the Washington
State Department of Transportation (WSDOT) or consultant on WSDOT's
approved qualified appraiser/reviewer list.
3. All acquisition work must be contracted for with qualified consultants, other
agencies with qualified staff or WSDOT. Since the City has no experienced
staff to oversee the acquisition process, the City must have direct supervision
from the LAC. At a minimum, the LAC must be provided the opportunity to
review all parcel files prior to first offers being made to the property owners.
To avoid a conflict of interest, acquisition agents are only approved to acquire
property valued at $10,000 or less if they also prepare the Administrative Offer
Summary (AOS).
4. All relocations must be contracted for with qualified consultants, other
agencies with qualified staff or WSDOT. Any relocation consultant must be
monitored by the LAC. For any projects involving relocation, the City must
provide confirmation they have an approved relocation appeal procedure in
place prior to starting relocation activities.
City of Marysville
January 31, 2018
Page 2
5. Gloria Hirashima, Chief Administrative Officer; Kevin Nielsen, P.E., Public
Works Director; Sandy Langdon, Finance Director; Jon Walker, City Attorney;
Jeff Laycock, P.E., City Engineer; Steve Miller, P.E., Project Manager; and
Jay Cooke, P.E., Adam Benton, Kyle Hays, and Kyle Woods, Project
Engineers are approved to perform Property Management functions.
The City is approved to use the Federal Highway Administration approved waiver
process of $25,000 or less, including cost to cure items in which it is not required to
offer appraisals for values at $10,000 or less.
It is requested that the City work closely with the region LAC early and throughout the
right of way process to ensure that all necessary procedures are followed on any
federal-aid projects. In particular, the City must notify the Region LAC prior to
contracting with consultants to initiate the process.
When staffing changes occur, an updated list must be submitted for approval prior to
commencement of any right of way work.
If you have any questions regarding the requirements, please contact David Narvaez,
Northwest Region LAC at (206) 440-4205, or Mehrdad Moini, Northwest Region
Local Programs Engineer at (206) 440-4 734.
DN:ac
Enclosures
Dianna Nausley )(/~
Right of Way Manager
Local Programs
cc: Mehrdad Moini, Northwest Region Local Programs Engineer, MS NB82-121
David Narvaez, Northwest Region, MS NB82-121
Right of Way Procedures
The City of Marysville, hereinafter referred to as "AGENCY", desiring to acquire real property (obtain an
interest in, and possession of, real property) in accordance with the Uniform Relocation Assistance and Real
Property Acquisition Policies Act and applicable federal regulations (49 CFR Part 24) and state law (Ch. 8.26
RCW), and state regulations {Ch. 468-100 WAC) hereby adopts the following procedures to implement the
above statutes and Washington Administrative Code. The AGENCY is responsible for the real property
acquisition and relocation activities on projects administered by the AGENCY. To fulfill the above requirements
the AGENCY will acquire right-of-way {ROW) in accordance with the policies set forth in the Right of Way
Manual M 26-01 and Local Agency Guidelines. The AGENCY has the following expertise and personnel
capabilities to accomplish these functions:
1. The following relate to the AGENCY's request.
a. Below is a list of responsible AGENCY individual names and positions, for which the AGENCY has
qualified staff to perform the specific right-of-way function(s). Attached are resumes for each
individual AGENCY staff listed to perform those functions below, and a brief summary of their
qualifications pertaining to the specific ROW function(s) for which they are listed. The procedures
shall be updated whenever staffing changes occur. The AGENCY will be approved to acquire based
upon staff qualifications.
i. PROGRAM ADMINISTRATION :
Oversee delivery of the R/W Program on federal aid projects for the agency. Ensures R/W
functions are carried out in compliance with federal and state laws, regulations, policies and
procedures.
Responsibilities/Expectations:
• Ensures agency's approved R/W Procedures are current, including staff qualifications, and
provides copies to consultants and agency staff;
• Oversight of ROW consultants;
o use of consultant contract approved by WSDOT (under construction)
o management of ROW contracts
o management of ROW files
o reviews and approves actions and decisions recommended by consultants
o Overall responsibility for decisions that are outside the purview of consultant functions
• Sets Just Compensation prior to offers be ing made;
• Approves administrative offer summaries per policy;
• Ensure agency has a relocation appeal process in place prior to starting relocation activities;
• Oversight of Administrative Settlements;
• Obligation authority for their agency;
• Obtain permits (Non-Uniform Relocation Act (URA));
• Ensures there is a separation of functions to avoid conflicts of interest.
• Verifies whether or not ROW is needed, and that the property rights and/or interests needed
are sufficient to construct, operate and maintain the proposed projects (see Appendix 25.176).
Public Works Director, City Engineer
City of Marysville
Right of Way Procedures
{Insert Name and Title of AGENCY Posit ion above & attach resume of qualifications)
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RlGH'f Ur WAY PROCEDURES APPRO VAL Lbl'TER Page 1 of4
ii. APPRAISAL
Prepare and deliver appraisals on federal aid projects for the agency. Ensures that appraisals
are consistent and in compliance with state and federal laws, regulations, policies and
procedures.
Responsibilities/Expectations:
• Use only qualified agency staff approved by WSDOT to perform appraisal work;
• Use appraiser from WSDOT's Approved Appraiser List if agency does not have qualified staff;
• Prepare Project Funding Estimates (PFE) or, when applicable, True Cost Estimates (TCE);
• Prepare Administrative Offer Summaries (AOS or Appraisal Waiver);
• Obtain specialist reports;
• Coordinate with engineering, program administration, acquisition, relocation, and/or property
management as necessary.
Consultant
{Insert Name and Title of AGENCY Position above & attach resume of qualifications)
iii. APPRAISAL REVIEW:
Review appraisals on federal aid projects for the agency to make sure they are adequate,
reliable, and have reasonable supporting data, and approve appraisal reports. Ensures
appraisals are adequately supported and represent fair market value and applicable costs to
cure and are completed in compliance with state and federal laws, regulations, policies and
procedures.
Responsibilities/Expectations:
• Use only qualified agency staff approved by WSDOT to perform appraisal review work;
• Use review appraiser from WSDOT's Approved Appraiser List if agency does not have qualified
staff;
• Ensures project wide consistency in approaches to value, use of market data and costs to cure;
• Coordinate with engineering, program administration, acquisition, relocation, and/or property
management as necessary.
Consultant
{Insert Name and Title of AGENCY Position above & attach resume of qualifications)
iv. ACQUISITION:
Acquire, through negotiation with property owners, real property or real property interests
(rights) on federal aid projects for the agency. Ensures acquisitions are completed in
compliance with federal and state laws, regulations, and policies and procedures.
Res po nsibil ities/Expectations:
City of Marysville
• Use only qualified staff to perform acquisition activities for real property or real property
interests, including donations;
• To avoid a conflict of interest, when the acquisition function prepares an AOS, only acquires
property valued at $10,000 or less;
• Provide and maintain a comprehensive written account of acquisition activities for each parcel;
Page 2 of4
Right of Way Procedures
SURTF.CT TO REQUIREMENTS Lis l 1·.n IN
RIGH'l' Ul; WAY Pl<.OCEDURES APPROVAL LETTER
• Prepare administrative settlement justification and obtain approval;
• Prepare Project Funding Estimates (PFE) or, when applicable, True Cost Estimates (TCE);
• Prepare Administrative Offer Summaries (AOS or Appra isal Waiver);
• Review title, and recommend and obtain approval for acceptance of encumbrances;
• Ensu re acqu isition documents are consistent with ROW plans, valuation, and title reports;
• Provide a negotiator disclaimer;
• Coordinate with engineering, program administration, appraisal, relocation, and/or property
management as necessary;
• Maintain a complete, well organ ized parcel f ile for each acquisition.
Consultant
(Insert Name and Title of AGENCY Position above & attach resume of qualifications)
v . RELOCATION :
Provide relocation assistance to occupants of property considered displaced by a federally
funded projects for the agency. Ensures relocations are completed in compliance with federal
and state laws, regulations, policies and procedures.
Responsibilities/Expectations:
• Prepare and obtain approval of relocat ion plan prior to starting relocation activities;
• Confirm relocation appeal procedure is in place;
• Provide requ ired notices and advisory services;
• Make calculations and provide recommendations for agency approving authority prior to
making payment;
• Provide and maintain a comprehensive written account of relocation activities for each parcel;
• Coordi nate w ith engineering, program administration, appraisal, acquisition, and/or property
management as necessary;
• Maintain a complete, well organized parcel file for each displacement;
• Ensure occupants and personal property is removed from t he ROW.
Cons ultant
(Insert Name and Title of AGENCY Position above & attach resume of qualifications)
vi. PROPERTY MANAGEMENT:
Establish property management policies and procedures that will assure control and
administration of ROW, excess lands, and improvements acquired on federal aid projects for
the agency. Ensures property management activities are completed in compliance with
federal and state laws, regulations, policies and procedures.
Responsibilities/Expectations:
City of Marysville
• Account for use of proceeds from the sale/lease of property acquired with federal funds on
other title 23 eligible activities;
• Keep R/W free of encroachments;
• Obtain WSDOT/FHWA approval for change in access control along interstate;
• Maintain property records;
• Coordinate with engineering, program administration, appraisal, acquisition, and/or property
management as necessary;
Page 3 of4
Right of Way Procedures
SllH.l f~C l"'IU K~~UlKhMt:.N 1:s LJ:->11:1 11'l
RIGHT UF WAY PROCEDURES APPROVAL LETTER
• Maintain a complete, well organized parcel file for each displacement;
• Ensure occupants and personal property is removed from the ROW.
Chief Administrative Officer, Public Works Director, Finance Director, City Attorney, City Engineer, Project
Manager, Project Engineer
(Insert Name and Title of AGENCY Position above & attach resume of qualifications)
b. Any functions for which the AGENCY does not have qualified staff, the Agency will contract with
another local agency with approved procedures, an outside contractor, or the Washington State
Department of Transportation (WSDOT}. An AGENCY that proposes to use outside contractors for
any of the above functions will need to work closely with the WSDOT Local Agency Coordinator (LAC}
and Local Programs to ensure all requirements are met. When the AGENCY proposes to have a staff
person approved to negotiate who is not experienced in negotiation for FHWA funded projects, the
LAC must be given a reasonable opportunity to review all offers and supporting data before they are
presented to the property owners.
c. An AGENCY wishing to take advantage of an Appraisal Waiver (aka Administrative Offer Summary or
AOS) procedure on properties valued up to $25,000 or less should make their proposed waiver
procedure a part of these procedures. The procedure outlined in LAG manual has already been
approved using form LPA-003. The AGENCY may submit a procedure different than that shown and it
will be reviewed and approved if It provides sufficient information to determine value.
d. Attached is a copy of the AGENCY's administrative settlement procedure showing the approving
authority(s} and the procedure involved in making administrative settlements.
2. All projects shall be available for review by the FHWA and WSDOT 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 year period following acceptance of the projects by WSDOT.
3. 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.
JonN~
City of Marysville
Right of Way Procedures
Washington State Department of Transportation
Date I /
SU~.TECT TO REQUIREMENTS LISTED IN
RIGHT Ut WAY PROCEDURES APPROVAL LETTER
Page4of4
EXHIBIT A
SURJECT TO REQUIREMENTS LTSTEn l"I
RIGBT Ul' WAY PROCEDURES APPROVAL Ll~!TER
WAIVER OF APPRAISAL PROCEDURE
The City of Marysville, hereinafter referred to as "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 waiver process approved by the Federal
Highway Administration (FHWA) for Washington State, hereby agrees to follow the
procedure approved for the Washington State Department of Transportation (WSDOT) as
follows:
A
B.
c.
D.
Procedures
A
B.
c.
The 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. A True Cost Estimate shall not be used with this procedure.
The AGENCY must make the property owner(s) aware that an appraisal
has not been completed on the property for offers $10,000 or less.
The AGENCY must make the property owner(s) aware that an appraisal
has not been completed on the property for offers over $10,000 and up to
$25,000, and that an appraisal will be prepared ifrequested by the
property owner( s).
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.
An Administrative Offer Summary (AOS) is prepared using data from the
PFE.
The AOS is submitted to the Public Works Director for approval.
The Public Worlcs Director signs the AOS authorizing a first offer to the
property owner(s).
CITY OF MARYSVILLE APPROVED:
£·· ( l~~
City of Marysville Page 1of1 Waiver of Appraisal Procedure
SURJH'T TO RF.OlTTREMP.NT~ T .T~TPf) T~
RIGHT U1· \Yiu l '1{v.....:1..:.UU1~LS Ah!l,U'vi\L Lc11ER
EXHIBIT B
Slfi~Tf":\"!' Tn nEQUIREMENTS LISTED IN
RIGLl' Lr \',/,\ I 1.:.vCi:.DURES APPROVAL LETTER
2010 -Present
2001-Present
2015 -Present
2000 -Present
2007 -Present
2017-Present
2016 -Present
2016 -Present
2017 -Present
2006 -Present
CITY OF MARYSVILLE
RIGHT-OF-WAY PROCEDURES
RELEVANT EXPERIENCE
Gloria Hirashima, Chief Administrative Officer
Provided oversight of right-of-way acquisitions and negotiations performed by
City staff and consultants on federal-aid projects.
Kevin Nielsen, P.E., Public Works Director
Provided oversight of right-of-way acquisitions and negotiations performed by
City staff and consultants on federal-aid projects. Coordinated right-of-way
acquisitions and negotiations performed by City staff and consultants on
federal-aid projects.
Jon Walker, City Attorney
Provides legal review and process for right-of-way acquisitions and negotiations
performed by City staff and consultants on federal-aid projects.
Sandy Langdon, Finance Director
Provides fiscal and administrative oversight of right-of-way acquisitions and
negotiations performed by City staff and consultants on federal-aid projects.
Jeff Laycock, P.E., City Engineer
Provided oversight of right-of-way acquisitions and negotiations performed by
City staff and consultants on federal-aid projects. Coordinated right-of-way
acquisitions and negotiations performed by City staff and consultants on
federal-aid projects.
Steve Miller, P.E., Project Manager
Coordinated right-of-way acquisitions and negotiations performed by City staff
and consultants on federal-aid projects.
Jay Cooke, P.E., Project Manager
Coordinated right-of-way acquisitions and negotiations performed by City staff
and consultants on federal-aid projects.
Adam Benton, Project Engineer
Coordinated right-of-way acquisitions and negotiations performed by City staff
and consultants on federal-aid projects.
Kyle Hays, Project Engineer
Coordinated right-of-way acquisitions and negotiations performed by City staff
and consultants on federal-aid projects.
Kyle Woods, Project Engineer
Coordinated right-of-way acquisitions and negotiations performed by City staff
and consultants on federal-aid projects.
SUR.TEr.T TO REQUIREMF.NTS I ''> ...... r"'l l!\J
RIGHT 01· WAY PROCEDURES AP.Pl<.UVAL Lbi ibR
EXHIBIT C
SFRlPf'T 'f'("l RRQUlRRf\.1Pl\!T9 T rr:-rr r~ ''I
RlClll r Ul \V,\Y PK\J\;til-HJlU .. S APl'L~YVHL b bl u~R
RIGHT OF WAY ACQUISITION
ADMINISTRATIVE SETTLEMENT POLICY & PROCEDURES
The City of Marysville hereby agrees to implement the following policy and procedures to
expedite the acquisition of real property by agreements with owners and to avoid litigation and
relieve congestion in the courts. It is the city's intent to make every reasonable effort to
expeditiously acquire real property by negotiation. Furthermore, the City of Marysville
recognizes the inexact nature of the process by which just compensation is determined.
Therefore, the implementation of the policies and procedures set forth are necessary in resolving
differences with property owners:
1. Any administrative or stipulated settlement, which exceeds the fair market value,
must be well documented, thoroughly justified, and the rationale set forth in writing.
2. The extent of written explanation is a matter of judgment and should be consistent
with the circumstances and the amount of money involved. It must analyze the
specific parcel in the context of the project.
3. The chief administrative officer and public works director each have authority to
approve administrative settlements within 10% of the fair market value.
4. The City Council has authority to approve administrative settlements above 10% of
the fair market value, when it is determined that such action is in the public interest.
5. If the compensation paid to acquire property or any interest in property for right-of-
way purposes is less than $75,000.00, the mayor has authority to approve
administrative settlements above 10% of the fair market value, when he or she
determines that such action is in the public interest, and to execute all deeds and other
documents necessary to acquire property or any interest in property for right-of-way
purposes.
6. In arriving at a determination to approve an administrative settlement, full
consideration will be given to all pertinent information, including:
(a) The negotiator's recorded information, including parcel details, estimates,
bids, research information, all available appraisals, including the owner's, and
the owner's rationale for increased compensation as well as the probable
range of value if the matter was to go to trial in an eminent
domain/condemnation action.
(b) The ability to acquire the property, or possession, through the condemnation
process to meet the construction schedule.
(c) The negotiator's recorded information, including parcel details, estimates,
bids, research information,
City of Marysville Page 1 of2 Administrative Settlement Procedures
SUBJECT TO REQUIREMENTS T T"Trn TN
RIGHT Ul' WAY PKuCEDUKE:.> Ai'Pl<.lJV;-,L .1-.r.:.~ !'ER
(d) Recent court awards in cases involving similar acquisition and appraisal
problems.
(e) Likelihood of obtaining an impartial jury in local jurisdictions, opinion of
legal counsel where appropriate.
(f) Estimate of trial cost weighed against other factors.
Approved by:
a~~
Jon Nehring, Mayor /
Attest:
·April-0 2-Brien, Deputy City Clerk
ll rlt'\... t3 ~ l. ~
Date
Date
12-/ i l) 11
City of Marysville
Date
Page 2 of2 Administrative Settlement Procedures
SUBJf.C"f TO REQUIREMENTS LISTFD I~
RIGHT Of WAY PKOCEDURES APP!~UV~{--J;-t-fl P&