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Home My WebLink About09-050 - WA State Department of Transportation (WSDOT) - Right-of-Way Acquisition Procedures C o f Tukwila Jim Haggerton, Mayor De artment Public Works James F. Morrow, o p f J P.E., Director 1908 February 26, 2009 Mr. Ed Conyers Local Programs Engineer Washington State Department of Transportation P.O. Box 330310 Seattle, WA 98133 -9710 RE: City of Tukwila Right of Way Procedures Dear Mr. Conyers: The City of Tukwila, (`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 statutes and Washington Adnimistrative Code. The Public Works 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 Public Works Department ("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). The AGENCY has the following expertise and personnel capabilities to accomplish these functions: (1) PROGRAM ADMINISTRATION Public Works Director AGENCY Position (2) APPRAISAL WSDOT. another local AGENCY with annroved procedures or a aualified consultant (3) APPRAISAL REVIEW WSDOT. another local AGENCY with annroved procedures or a qualified consultant (4) ACQUISITION WSDOT. another local AGENCY with annroved procedures or a aualified consultant 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206 433 -0179 Fax: 206- 431 -3665 (5) RELOCATION WSDOT, another local AGENCY with approved procedures or a aualified consultant (6) PROPERTY MANAGEMENT Public Works Director AGENCY Position b. Any functions for which the AGENCY does not have staff will be contracted for with WSDOT, another local AGENCY with approved procedures or a qualified outside contractor. 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 and Highways and Local Programs to ensure all requirements are met. When the AGENCY proposes to have a staff person negotiate who is not experienced in negotiation for FHWA funded projects the Coordinator 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 process on properties valued at $25,000 or less will make their proposed waiver process a part of these procedures. The process outlined in LAG manual Appendix 25.146 has already been approved. The AGENCY may submit a process different than that shown and it will be reviewed and approved if it provides sufficient information to determine value. All projects shall be available for review by the FHWA and the 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. 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. 9( Jim g erton, Ma r WASHINGTON STATE DEPARTMENT OF TRANSPORTATION Approved By: p: \wsdot \approvals \row procedures 2- 26- 09.doc Real Estate Services Date Date Page 2 of 2 February 26, 2009 Cizy Of Tukwila Department of Public Works James E Morrow, P.E., Director Mr. Ed Conyers Local Programs Engineer, Northwest Region Washington State Department of Transportation P.O. Box 330310 Seattle, WA 98133 -9710 RE: City of Tukwila WAIVER OF APPRAISAL Dear Mr. Conyers: The City of Tukwila, 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 City of Tukwila "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. 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 so 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 for approval. C. The Director of Public Works signs the AOS authorizing a first offer to the property owner(s j APPROVED: City of Tukwila Mayor WSDOT Northwest Region Real Estate Services Date 011x' 4l Date Jim Haggerton, Mayor 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206 433 -0179 Fax: 206 431 3665 February 26, 2009 Mr. Ed Conyers Local Programs Engineer Washington State Department of Transportation P.O. Box 330310 Seattle, WA 98133 -9710 RE: City of Tukwila Administrative Settlement Procedures Dear Mr. Conyers: City of Tukwila Department of Public Works James E Morrow, P.E., Director Following is the City of Tukwila's policy and procedures on acquiring real property through Administrative Settlement as requested for approval of the City's right -of -way acquisition procedures. Annrovinc Authority The Director of Public Works is responsible for the real property acquisition on projects administered by the City and has the authority to approve administrative settlements subject to the following policies and procedures: Process A. Any administrative settlement which exceeds the fair market value as identified in the Review Appraisal must be documented and thoroughly justified. The rationale for the settlement shall be set forth in writing. The extent of written explanation is a matter of judgement and should be consistent with the circumstances and the amount of money involved. The Director of Public Works may approve an administrative settlement when it is determined that such action is in the public interest. B. In negotiating an Administrative Settlement, the Director of Public Works must give full consideration to all pertinent information including, but not limited to, the following: 1. All available appraisals, including the owner's, and the probable range of testimony in a condemnation trial. 2. Ability of the agency to acquire the property, or possession, through the condemnation process to meet the construction schedule. Impact of construction delay pending acquisition. 3. The negotiator's recorded information. Jim Haggerton, Mayor 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206- 433 -0179 Fax: 206 431 -3665 4. Recent court awards in cases involving similar acquisition and appraisal problems. 5. Likelihood of obtaining an impartial jury in local jurisdiction, opinion of legal counsel where appropriate. 6. Estimate of trial cost weighed against other factors. C. An Administrative Settlement Memorandum is submitted to the Director of Public Works for approval. D. The approved Administrative Settlement Memorandum is transmitted to the Acquisition Agent with instruction to negotiate an administrative settlement that does not exceed the authorized amount. If you have any questions or need additional information, please call me at (206) 433 -0179. Sincerely, c lCurnika. T James F. Morrow, P.E. Director of Public Works File: 2.23.04 p: \wsdot\approvals\row administrative settlement 2- 26- 09.doc Page 2 of 2