080-22 - Resolution - Right-of-Way Acquisition ProceduresDocuSign Envelope ID:2B271B12-F34D-4397-985A-F66D18B567BE
RESOLUTION NO.080-22
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, ADOPTING
UPDATED RIGHT-OF-WAY ACQUISITION PROCEDURES AND REPEALING
RESOLUTION NO. 028-16.
WHEREAS, the Washington State Department of Transportation (WSDOT), acting through
its Local Programs Right of Way group, has overall responsibility to the Federal Highway
Administration (FHWA) for the acquisition, management, and disposal of real property on all
FHWA funded transportation projects in the state, and in this capacity, WSDOT's Local Programs
ROW group serves as contract administrator for the City of Port Orchard when the city acquires
right of way for federally funded transportation project; and
WHEREAS, the City is required to adopt and maintain Right -of -Way Acquisition Procedures,
pursuant to the Uniform Relocation Assistance and Real Property Acquisition Policies Act (49 CFR
Part 24), Chapter 8.26 RCW, Chapter 468-100 WAC, and the WSDOT Local Agency Guidelines (LAG)
Manual, Chapter M 26-01, to govern the City's right-of-way acquisitions on federally funded
projects; and
WHEREAS, on March 22, 2016, the City adopted Resolution No. 028-16, establishing Right
of Way Acquisition Procedures, replacing the previous procedures established by Resolution 031-
07; and
WHEREAS, due to the departure of the City's long tenured Public Works Director, the City
is required to update the Right -of -Way Acquisition Procedures; and
WHEREAS, the City Council finds it is in the best interest of the City and its residents to
adopt amended procedures, consistent with guidance from WSDOT; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above
are hereby adopted and incorporated as findings in support of this Resolution.
THAT: Resolution No. 028-16 is hereby repealed in its entirety.
THAT: The City Council adopts the Right -of -Way Acquisition Procedures, as attached.
The Mayor or designee is authorized to execute all documents necessary to effectuate
this Resolution.
THAT: The Resolution shall take full force and effect upon passage and signatures
hereon.
DocuSign Envelope ID: 2B271 B12-F34D-4397-985A-F66D18B567BE
Resolution No. 080-22
Page 2of11
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the Clerk in authentication of such passage this 91" day of August 2022.
ATTEST:
DocuSigned by:
Brandy Wallace, MMC, City Clerk
DocuSigned by:
I�abt*f P4M A SWoiL
E888'SDIIETA'E ...
Robert Putaansuu, Mayor
\ RTOR
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SEAL
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DocuSign Envelope ID: 2B271 B12-F34D-4397-985A-F66D18B567BE
City of Port Orchard
Right of Way Procedures
The CITY OF PORT ORCHARD (Agency), needing to acquire real property (obtain an interest in and/or possession
of) 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 adhere to all applicable laws, statutes, and regulations. The
Agency is responsible for the real property acquisition and relocation activities on projects administered by the
Agency and must acquire right of way (ROW) 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 (LAG).
Below is a list of Agency staff, by names and position titles, that are qualified to perform specific ROW functions.
Attached to these procedures are resumes for everyone listed within these procedures, which provides a
summary of their qualifications. The procedures shall be updated whenever staffing changes occur.
1. The Agency has the staff with the knowledge and experience to accomplish the following ROW
Disciplines:
i. PROGRAM ADMINISTRATION:
Oversee delivery of the ROW Program on federal aid projects for the Agency. Ensures ROW
functions are carried out in compliance with federal and state laws, regulations, policies, and
procedures.
Responsibilities/Expectations:
• Ensures Agency's approved ROW 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
o management of ROW contracts
o management of ROW files
o reviews and approves actions and decisions recommended by staff & consultants
o Overall responsibility for decisions that are outside the purview of consultant
functions
• Sets Just Compensation prior to offers being made;
• Oversight and approval of Administrative Offer Summaries (AOS) per policy;
• Oversight and approval of Administrative Settlements per policy;
• Ensure Agency has a relocation appeal process in place prior to starting relocation
activities;
• 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 ROW is needed, and that the property rights and/or interests needed
are sufficient to construct, operate and maintain the proposed projects (see LAG
Appendix 25.174, 25.175, & 25.176).
LPA-001
Adopted via Resolution No. 080-22, August 9, 2022
DocuSign Envelope ID: 2B271 B12-F34D-4397-985A-F66D18B567BE
Director of Community Development: Nick Bond, AICP
City Engineer: Kenneth C. Hammer, P.E., P.M. P.
Note: Staff included under Program Administration must have completed the el -earning
Administrative Settlement and No ROW Verification training available at
http://www.wsdot.wa.gov/LocalPrograms/ROWServices/Training.htm
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 Consultant List if Agency does not have qualified
staff;
• Prepare ROW Funding Estimate (not required to be completed by an appraiser & only
when there are federal funds in the ROW Phase);
• Prepare AOS;
• Obtain specialist reports;
• Coordinate with engineering, program administration, acquisition, relocation, and/or
property management as necessary.
Consultant: The City of Port Orchard will retain the services of a consultant selected from
WSDOT's list of approved Appraisers
iii. APPRAISAL REVIEW:
Review appraisals on federal aid projects for the Agency to make sure they are adequate,
reliable, 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 Consultant 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: The City of Port Orchard will retain the services of a consultant selected from
WSDOT's list of approved Review Appraisers
LPA-001
Adopted via Resolution No. 080-22, August 9, 2022
DocuSign Envelope ID: 2B271 B12-F34D-4397-985A-F66D18B567BE
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, policies, and procedures.
Responsibilities/Expectations:
• 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;
• Prepare AOS justification and obtain approval;
• Prepare Administrative Settlement and obtain approval;
• Prepare Right of Way Funding Estimate (when there are federal funds in the ROW
Phase);
• Review title, and recommend and obtain approval for acceptance of encumbrances;
• Ensure acquisition documents are consistent with ROW plans, valuation, and title
reports;
• Provide a negotiator disclaimer;
• Maintain a complete, well organized parcel file for each acquisition;
• Coordinate with engineering, program administration, appraisal, relocation, and/or
property management as necessary.
Consultant: The City of Port Orchard will retain the services of a qualified consultant or
another agency with qualified staff.
Note: Staff included under Acquisition must have completed the el -earning Administrative
Settlement training available at
http://www.wsdot.wa.gov/LocalPrograms/ROWServices/Training.htm
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 relocation plan prior to starting relocation activities;
• Confirm relocation appeal procedure is in place;
• Provide required notices and advisory services;
• Make calculations and provide recommendations for Agency approving authority prior
to making payment;
LPA-001
Adopted via Resolution No. 080-22, August 9, 2022
DocuSign Envelope ID: 2B271 B12-F34D-4397-985A-F66D18B567BE
• Provide and maintain a comprehensive written account of relocation activities for each
parcel;
• Maintain a complete, well organized parcel file for each displacement;
• Ensure occupants and personal property is removed from the ROW;
• Coordinate with engineering, program administration, appraisal, acquisition, and/or
property management as necessary.
Consultant: The City of Port Orchard will retain the services of a qualified consultant or
another agency with qualified staff.
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:
• Account for use of proceeds from the sale/lease of property acquired with federal funds
on other title 23 eligible activities;
• Keep ROW free of encroachments;
• Obtain WSDOT/FHWA approval for change in access control along interstate;
• Maintain property records;
• Ensure occupants and personal property is removed from the ROW;
• Maintain a complete, well organized property management file;
• Coordinate with engineering, program administration, appraisal, acquisition, and/or
property management as necessary.
Director of Community Development: Nick Bond, AICP
City Engineer: Kenneth C. Hammer, P.E., P.M. P.
b. Any functions for which the Agency does not have qualified staff, the Agency will contract with
another local agency with approved procedures, a qualified consultant, or the WSDOT. An Agency
that proposes to use qualified consultants for any of the above functions will need to work closely
with their ROW Local Agency Coordinator (LAC) and Local Programs to ensure all requirements are
met. When the Agency proposes to have staff approved to negotiate who have limited experience in
negotiation for FHWA funded projects, the LAC must be given an opportunity to review all offers and
supporting data prior to offers being made to the property owners.
c. The Agency's Administrative Settlement Procedures indicating the approval authorities and the
procedures involved in making administrative settlement needs to be included with these procedures
(see Exhibit A).
LPA-001
Adopted via Resolution No. 080-22, August 9, 2022
DocuSign Envelope ID: 2B271 B12-F34D-4397-985A-F66D18B567BE
d. An Agency wishing to take advantage of the AOS process, properties valued up to $25,000 or less,
need to complete Exhibit B of these procedures.
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, ROW, construction stages,
and for a three-year period following acceptance of the projects by WSDOT.
3. Approval of the Agency's procedures by WSDOT Local Programs 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.
F DocuSigned
by:
E886SDUET4E ...
Ro ert Putaansuu, Mayor
City of Port Orchard
Washington State Department of Transportation
Approved By:
Michelle Digitally signed by
Michelle Newlean
N eW I ed n Date: 2022.09.14
10,44:43-07'00'
8/10/2022
Date
Local Programs Right of Way Manager Date
LPA-001
Adopted via Resolution No. 080-22, August 9, 2022
DocuSign Envelope ID: 2B271 B12-F34D-4397-985A-F66D18B567BE
EXHIBIT A
City of Port Orchard's Administrative Settlement Policy
The AGENCY shall make every reasonable effort to expeditiously acquire real property by negotiation.
Negotiation implies an honest effort by the AGENCY to resolve differences with property owners. Offers can be
flexible and negotiations should recognize the inexact nature of the process by which just compensation is
determined. The AGENCY shall endeavor to expedite the acquisition of real property by agreements with owners
and to avoid litigation and relieve congestion in the courts.
1. The AGENCY shall carefully consider and maximize the use of administrative settlements in appropriate
situations. An administrative settlement or stipulated settlement is a negotiated settlement of a right-
of-way acquisition case in which the AGENCY has administratively approved payment in excess of the
AGENCY's offer of just compensation. The AGENCY shall carefully consider and maximize the use of
administrative settlements in appropriate situations.
2. Administrative settlements may be approved when it is determined that such action Is reasonably
supported and in the public interest. In arriving at a determination to approve an administrative
settlement, the following nonexclusive factors may be considered:
a. All available appraisals, including the owner's, comparable sales not included in an appraisal, and
the probable range of testimony in a condemnation trial.
b. Ability of the City to acquire the property, or possession, through the condemnation process to
meet the construction schedule.
c. Impact of construction delay pending acquisition.
d. The negotiators recorded information, including parcel details and the owner's rationale for
increased compensation.
e. Recent court awards in cases involving similar acquisition and appraisal problems.
f. Likelihood of obtaining an impartial jury in local jurisdiction, opinion of legal counsel where
appropriate.
g. Estimate of trial cost weighed against other factors.
3. The authority granted to AGENCY officials to provide Administrative Settlement Offers is as follows:
a. The Community Development Director can authorize up to $20,000 over the amount offered as
just compensation.
b. The City Administrator can authorize $20,001 up to $50,000 over the amount offered as just
compensation.
c. Settlements exceeding $50,000 over the amount offered as just compensation must be
authorized by City Council.
LPA-001
Adopted via Resolution No. 080-22, August 9, 2022
DocuSign Envelope ID: 2B271 B12-F34D-4397-985A-F66D18B567BE
DocuSigned by:
jeabtJ'f PlnlMA SWti ,
MEB DIIE73E
Robert utaansuu, Mayor
City of Port Orchard
Washington State Department of Transportation
Approved By:
Michelle Digitally signed by Michelle
Newlean
Newlean Date: 2022.09.1410:44:58
-07'00'
8/10/2022
Date
Local Programs Right of Way Manager Date
LPA-001
Adopted via Resolution No. 080-22, August 9, 2022
DocuSign Envelope ID: 2B271 B12-F34D-4397-985A-F66D18B567BE
EXHIBIT B
Waiver of Appraisal
Agency's Administrative Offer Summary (AOS)
The City of Port Orchard , hereinafter (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:
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 ROW Funding Estimate is $25,000.00 or less
including cost -to cure items. A True Cost Estimate shall not be used with this procedure.
B. 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.
C. 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 if requested by the property owner(s).
D. Special care should be taken in the preparation of the AOS 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 AOS is prepared using comparable sales found at the time of preparation.
B. The AOS is submitted to Program Administration for approval. Upon signature a first offer to
DOCUSi9nedb-: the property owner(s) is authorized.
L,v�- P�-� SWu,
E886rBBE�4E ...
Robert Putaansuu, Mayor
City of Port Orchard
Washington State Department of Transportation
Approved By:
Michelle Digitally signed by
Michelle Newlean
N ew l e a n Date: 2022.09.14
10:45:13-07'00'
8/10/2022
Date
Local Programs Right of Way Manager Date
LPA-001
Adopted via Resolution No. 080-22, August 9, 2022
DocuSign Envelope ID: 2B271 B12-F34D-4397-985A-F66D18B567BE
EXHIBIT C
Program Administration and Property Management
City of Port Orchard staff currently filling the positions of "Program Administration" and "Property
Management", and a brief summary of their qualifications pertaining to the specific right-of-way function(s)
for which they are listed are shown below.
Program Administration and Property Management:
1. Nick Bond, AICP
Mr. Bond is the Director of the Department of Community Development for the City of Port Orchard. He has
assisted Port Orchard (2013 to present) and previously the Town of Eatonville (2005 to 2013) with a variety of
planning, transportation, utility, transportation, real estate acquisition, economic development, and building
projects. Mr. Bond has a Masters in Urban Planning from the University of Washington and a Bachelors in
Planning and Environmental Policy from Western Washington University. He has 17 years' experience as a
professional planner has a unique interdisciplinary approach to planning and has been very involved in
projects outside of the planning department throughout his career.
Mr. Bond has completed the requires WSDOT trainings and has assisted with multiple projects including but
not limited to the Tremont Street Reconstruction (FHWA, STP, TIB), and the Bay Street Pedestrian Pathway
(Federal).
2. Kenneth "Chris" Hammer, P.E., P.M.P.
Mr. Hammer is the City Engineer for the City of Port Orchard. He has assisted Port Orchard (2020 to present)
and previously the City of Bainbridge Island (2005 to 2019) with a variety of transportation projects, studies
and plans. Mr. Hammer has a Bachelors of Science in Civil Engineering from the University of the Pacific and is
a Washington State Licensed Civil Professional Engineer. He has over 25 years' experience as a professional
engineer, including extensive experience with federally funded transportation projects.
Mr. Hammer has completed the requires WSDOT trainings and has assisted with multiple projects including
but not limited to the Bay Street Pedestrian Pathway (Federal).
LPA-001
Adopted via Resolution No. 080-22, August 9, 2022