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Home My WebLink AboutRES 2248 CITY OF RENTON, WASHINGTON RESOLUTION NO. 2248 A RESOLUTION ADOPTING RIGHT-OF-WAY PROPERTY ACQUISITION PROCEDURES WH n RCW 8.26 provides for uniform relocation_ assistance and real WHEREAS E S • property acquisition policies, and WHEREAS under State law it is necessary for the City of Renton to adopt right-of-way acquisition .procedures, and WHEREAS the City of Renton finds it advisable to adopt such procedures, NOW THEREFORE, ' THE CITY COUNCIL OF THE CITY OF RENTON DO RESOLVE AS FOLLOWS: SECTION I: The above recitals are found to be true and correct in all respects. SECTION II: The Right-of-Way Property Acquisition Procedures, Third Revision, dated February, 1979, are hereby adopted by the City of Renton as the City of Renton Right-of-Way Property Acquisition Procedures. PASSED BY THE CITY COUNCIL this 5th day of 0/larchj 1979. /, Delores- A Mead Ci t. 'Clerk) APPROVED BY THE MAYOR this 5th day of"Ma rch ;, 1979. � f Com✓ . , Charles' Delaurenti, Mayor Approved as to form: `64,(Ay.,.., C0-4-e ... til Lawrence J. i arren, City Attorney 4 CITY OF RENTON RIGHT-OF-WAY PROPERTY ACQUISITION PROCEDURES (Ref: Resolution No. 2248 ) Public Works Department Original: November 1976 Rev. 1: March 1978 Rev. 2: December 1978 Rev. 3: February 1979 • • . • 1 of 4 EXHIBIT A Resolution No. 2248 CITY OF RENTON R.O.W. ACQUISITION PROCEDURES Purpose These regulations implement certain requirements relating to Real Property Acquisition in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1971, Public Law 91-646 approved January 2, 1971; RCW 8-26, the State Uniform Relocation Assistance $ Real Property Acquisition Act and State Regulations (WAC Ch. 365-24) . These regulations establish uniform policies and requirements applicable to the acquisition of real property under all City of Renton projects. It applies to all methods of acquisition, including direct purchase, condemnation, donation, leasing or exchange. It applies to all real property interests to be acquired, whether fee or less than fee, including easements. Procedures 1. Real property will be appraised before initiation of negotiations with the owner. The appraisals and the review of appraisals will be conducted by experienced, qualified individuals. (City staff involvement will be restricted to minimal Right-of-Way requirements; independent professionals will be employed by the City when moderate to major R.O.W. requirements exist.) The right-of-way to be acquired does not require appraisals if the property owner has indicated his willingness to donate the right-of-way, after being informed of his rights to receive just compensation. However, if the donating owner wishes to know the value of the donated property, then an appraisal and review of appraisal will be conducted. 2. The Department of Public Works will establish the just amount of compen- sation before initiation of negotiation with the owners. The amount shall not be less than the city's approved appraisal of the fair market value of the property. No increase or decrease in the fair market value due to the project except physical deterioration is to be considered in the valuation of the property. 3. Owners will be given an opportunity to accompany the appraiser during his inspection of the property. The property owners are advised by letter from the City and/or the appraisal firm of the appraisal date and are invited to accompany him during his on-site examination of the property. 4. Appraisals will not give consideration to, nor include any allowance for, relocation assistance benefits. • R.O.W. Acquisition Procedures 2 of 4 5. In acquiring real property, including easements, the City will not leave the owner with an uneconomic property remnant unless the owner so desires. If there is an uneconomic property remnant, the City will offer to purchase the entire parcel. 6. Negotiation and Acquisition will be conducted by experienced, qualified individuals. (City staff involvement will be restricted to minimal Right- of-Way requirements; independent professionals will be employed by the City when moderate to major R.O.W. requirements exist.) 7. The City/will_give to the owner at the initiation of negotiation a written statement known as the "fair market letter." That statement will be the amount of just compensation based on a review and analysis of an appraisal(s) made by a qualified appraiser with a summary thereof, showing the basis for just compensation. Included in the fair offer letter will be identification of the real property to be acquired, including the estate or interest being acquired. There will be, when appropriate, the identification of the improvements and fixtures considered to be part of the real property to be acquired. The fair offer letter will show that portion of the just compensation is considered the amount of damages to the remaining property. At the initiation of negotiation with the owner the City will give to the owner an Acquisition Brochure furnished by the Washington State Department of Transportation. 8. The City will not requirethe owner to surrender possession of real property until 90 days after the following: a. The agreed purchase price has been paid, or b. The approved amount of compensation has been deposited with the court or placed in escrow for the benefit of the owner, an amount not less than the City's approved appraisal of the fair market value of the property, or c. Negotiations with the owner result in am agreed-upon earlier possession date, or d. The court, through condemnation procedures, has adjudicated public use and necessity and the City has deposited the agreed purchase price. 9. A written notice shall be mailed to each displaced person by certified or registered first-class mail, return receipt requested, to ensure that the 90-day notice is given to said person in advance of the date the displaced property owner is required to vacate the property. 10. The rental amount charged to owner and/or tenants permitted to occupy the property subsequent to acquisition will not exceed the fair rental value to a short-term occupier. 11. The City will not take action to advance condemnation, defer negotiations or condemnation or take any other action coercive in nature in order to compel an agreement on the price to be paid for the property. 11.0.4 Acquisition Procedures 3 of 4 12. If any interest in real property is to be acquired by exercise of eminent domain, the acquiring agency will institute formal condemnation proceedings. The acquiring agency will not intentionally make it necessary for an owner to institute legal proceedings to prove the fact of the taking of his real property. 13. The acquiring agency will acquire an equal interest in all buildings, structures or other improvements located upon the real property acquired. 14. In the event that an administrative or stipulated settlement is involved, payment will not be made by the person who negotiated the settlement. 15. The acquiring agency will pay the expenses incurred for: a. Recording fees, transfer taxes and similar expenses incidental to conveying such real property to the City. b. Penalty costs for full or partial prepayment of any pre-existing recorded mortgage entered into in good faith encumbering such real property. c. The pro-rata portion of real property taxes paid which are allocable to a period subsequent to the date of vesting title in the acquiring City, or the effective date of possession of such real property by the acquiring City, which ever is the earlier. 16. If rodent control should become necessary in the project, the City will make provisions to maintain control or eradicate the rodents. 17. In the event the City of Renton should undertake any acquisition involving the displacement of:persons or personal property, the City will contract with a qualified agency, firm or individual to perform the relocation assistance. 18. Administrative Settlement: A negotiated settlement, which provides for payment in excess of the approved just compensation, must be presented to the Mayor for his approval. The individual parcel file shall contain documentation sufficient to justify the settlement. The City of Renton to promote more convenient administration of federal-aid projects will require that right-of-way plans, contracts, deeds, appraisals, options, vouchers, correspondence and all other documents and papers to which the Federal Highway Administration needs to refer will carry the Federal-Aid project number for ready identification. Dated this 5th day of March , 19 79 . City Of Renton BY: i Sig ure and Title of Officer C. J. DELAURENTI, MAYOR • Vr i P R.O.[ . Acquisition Procedures 4 of 4 ATTEST: Ablizz.) Q. 22iWAY,,_ Title City Clerk CERTIFICATE The above is signed as City of Renton policy pursuant to Resolution No. 2248 dated March 5 , 1979 done at the regular meeting of the. City Council •