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05-102.00 WSDOT: Right of Way Acquisition Procedures<.~ ,.- Washington State Department of Transportation Local Agency and Address Right of Way Property City of Spokane Valley Acquisition Procedures $prague Avenue e 106 Suit Spokane Valley, WA 99206-5444 Department of the Local Agency Public Works Department The above named local agency, hereinafter called the "AGENCY", desiring to acquire Real Property in accordance with the state Uniform Relocation Assistance and Real Property Acquisition Acl (Ch. 8.26 RCW) and state regulations (Ch. d68-100 WAG) and applicable federal regulations hereby adopts the following procedures to implement the above statutes and Washington Administrative Code. `I"he above named department of the local agency, hereinafter called the "DI;PAR`IibIENT", is responsible for the real properly acquisition and relocation activities on projects administered by the AG)=:NCY. To fulfill the above requirements the DEPAIffMENT will acquire eight-of--way in accordance with the policies set forth in the Washington Stale Department of Transportation Right of i4~Qy Manual (M26-01) and I,,vcal ilgency Guidelines manual (M 36-6). The AGENCY has the following expertise and personnel capabilities to accomplish these functions: 1. lncludc the following as they relate Co the ACi~~1CY's request. a. List the functions below foe which the agency hers qualified st~~rtTand the responsible position. Attach a list of the individuals on the AGENCY staff who currcnity fill those positions and a brief summary of their qualifications. This list will need to be•updated whenever sliiffing changes occur..An AGENCY will be approved to acquire based upon staffqualifications. • (1) Program Administation Public Works Director Agency PosNion . (2) Appraisal WSDOT or Approved Pee Appraiser Agency Position ' (3) Appraisal Rcvicw WSDOT or Approved rce Appraiser Agency Position (4) Acquisition WSDOT or approved fee company Agency Posiffon • (5) Relocation WS170T or approved fee company Agency Position (6) Properly Management Public Works Tairectnr Agency PoslBon • DOT Farm 263-ot0 EF Page 1 of 2 Pages f' b. Any functions for which the Agency does not have staff will be contracted for with W$DQ`I', another local agency with approved procedures or an outside contractor. An AGENCY that proposes to use outside contractors for any of the above functions will need to work closely with the WSDOT Laical Agency Coordinator and Highways c~ Local Programs t:o ensure all requirements are rect. When the ACICNCY proposes to have a staff person negotiate who is not experienced in negotiation for Fi-I~~1'A funded projects the Coordinator must be given a rcrrsonable opportunity to review all offers and supporting data before they are presented to the property o~{mers. c. An AGENCY ~~~ishing to take advantage of an Appraisal 1'Jaiver process on properties valued at $l0,Op0 or less should make their proposed waiver process a part of these procedures. The process outlined in LAG manual Appendi,~c 25.146 has already been approved. The AGENCY may submit a process clif~ferent than that shown and it will be reviewed and approved if it provides sufficient information to determine value. d. Attach a copy of the Agency's administrative settlement policy showing the approving authority(s) and the process involved in mak.inb administrative settlements. 2. All projects shall be available for review by the i^H1~'A 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 year period following acceptance of the projects by WS1aOT. 3. Approval of the AGCNCY's procedures by WSIaQT may be rescinded at arry time the Agency is found t:o 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. 1..OCAL AG1:\'CY 1 ~`J`l~C V~.l.~, Mayor or Chairman WASTIIN(; 'UN STAT) DI:PA.R"GHENT Ulf' T UR'I"ATIUN ~p d By: . Re state Services I - I~-~~ Date ~~ Date SUBIHCT TO RFQLJIREMENTS LISTED fiV RIGHT OF WAY PROCEDURES APPROVAL LETTER DoT corm 263-oro EF Pa e 2 of 2 Ps es sroi 9 9 Spokane Valley 11707 E Sprague Ave Suite 106 • Spokane Valley YVA 99206 509.921.1000 • Fax: 509.921.1008 • ci[yhallC~spokanevalley.org CITY OF SPOKANE VALLEY ADMINISTRATIVE SETTLEMENT PROCEDURES The responsible official to approve the administrative settlement will be the City Manager of the City of Spokane Valley. In the event that a negotiated settlement for a parcel exceeds the fair market value, the acquisition manager will document all explanations thoroughly. This documentation will include the manager's justification for the action taken as well as the values negotiated and the final amount of money agreed upon. All pertinent information will be presented to the Program Administrator for approval. In the event that the Administrator is uncertain of the eligibility of the settlement, he/or his designee will contact the Region Land Acquisition Coordinator for approval. Once the eligibility for settlement has been established, the City Manager of the City of Spokane Valley will sign the authorization to proceed with the negotiated settlement. The signed authorization as well as the documentation will be placed in the right-of- way fife. P:lPubliC WorkslParrnsWdministrative Setifement Procedures S~akane Valley 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 549.921.1008 • cityhall©spokanevalley.org WAIVER OF APPRAISAL The City of Spokane Valley (AGENCY), 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 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 correct. Procedures A. An Administrative Offer Summary (AOS) is prepared using data from the PFE. B. The AOS is submitted to AGENCY for approval. C. The AGENCY signs the AOS authorizing a first offer to the property owner(s). City Manager Real Estate Servi City of Spokane Valley Washington St a epartment Of Transportati P:lPublic WorkslFormslWeiver of Appraisal Spol~ane . Valley 11707 E Sprague Ave Suite 1Qb • Spokane Valley WA 99206 . 509.921.1000 • Fax: 509.921.1008 • cityhall@spokanevalley.or•'g G1TY OF SPOKANT VALLIJY QUALIFLED PERSONYEL, LISTING Prosram Aclmiiustration Neil Kersten, AIA, City of Spokane Valley Public Works Director. Neil is in charge of capital improvements, development review, stormwater engineering, traff c engineering, road maintenance. I-fe oversees all activities in the Public Works Department. Ay r The City requests this process to be carried out by WSDOT or an approved Fee Appraiser. Appraisal Review The City requests this process to be carried out by WSDOT or an approved Fee Reviewer. Acquisition "I`he City requests this process to be carried oul by approved fee company or WSDOT. Relocation The City requests this process to be carried out by approved fee company or WSDOT. Property ytanar~ement Neil. Kersten, City of Spokane Valley Public Works 1irector. See above for qual.i fications. _ DEC 2 1 2005 Washington State -~~, Transpartation Building Department of Transportation '-~''"'"' 310 Maple Park Avenue S.E. Douglas B. MacDonald P.O. Box 47300 Secretary of Transportation Olympia, WA 98504-7300 360-705-7000 TTY: 1-800-633-6386 www.wsdotwa.gov December 19, 2005 itilr. Steve Worley Senior City Engineer City of Spokane Valley l 1707 East Sprague Ave., Suite 106 Spokane Valley, WA 99206-6110 Right cif ~Vay Procedures Dear Mr. tiVorley: Recently, the ~'~~ashington State Department of Transportation's Headquarters, Real Estate Services Divisicm, reviewed your agency's submittal of right of way procedures. Upon their review, the city of Spokane Valley's right of way procedures arc approved with the following requirements: 1. The city is approved to acquire with supervision from the Region Local Agency Coordinator.. At a minimum the Coordinator must review all parcel files prior to first offers being made to the property owner. 2. A.11 appraisals, appraisal reviews, acquisitions and any relocation must be contracted for with qualified Agencies or Consultants and any Relocation Consultant trust be approved and monitored by the Coordinator. !n addition, the city is approved to use the appraisal waiver process on federal aid projects. If you have any questions regarding the provisions, please contact Austin Johnson, Eastern Region LA Coordinator, at (509) 324--6275, or Galen Wright, Real Estate Services, Olympia, at (360)705-7308. Sincerely, Ruth McIntye Standards and Procedures Engineer Highways & Local Prosrams Division RWM: ac Enclosure cc: Galen Wright; Rcal Estate Services,lvlS 47338 Austin Johnson, Eastern Region, w/enclosure Keith Martin, Eastern Region, w/enclosure