HomeMy WebLinkAbout15-009 Howard Street Right of Way Acquisiton Resolution 15-009
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RESOLUTION NO. 15-009
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND,
WASHINGTON, ESTABLISHING PROJECT ACQUISITION POLICIES AND
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AGREEMENTS AND
EXECUTE DOCUMENTS NECESSARY TO ACQUIRE PROPERTY RELATED
TOCITY PROJECT 1012, HOWARD STREET EXTENSION PROJECT
WHEREAS, the City is committed to City Project 1012, the Howard Street Extension
Project; and
WHEREAS, the project requires the acquisition of real property, including partial
acquisitions, as well as permanent easements for roadway and utilities, and temporary
construction easements; and,
WHEREAS, real property acquisition costs for this project are included in the approved
City Budget; and,
WHEREAS, negotiation and purchase of property in an expeditious manner is
imperative to the success of the project as well as for compliance with funding requirements, and
delay in the process would not be in the best interest of the City; and,
WHEREAS,the City's Right-of-Way agents recommend that the City adopt certain
acquisition policies for this project.
NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Port
Townsend as follows:
Section 1. Title Clearing. In accordance with Washington State Department of
Transportation's (WSDOT) policy regarding title clearing (Chapter 8-3.4 Deeds of Trust and
Mortgages of the WSDOT Right of Way Manual), the City adopts, for this project, the following
title clearing policy: (1) for acquisitions of$10,000 or under the Acquisition Agent will inform
the owner of the risk associated with not clearing the encumbrance and make an entry in the diary
reflecting that the owner was so informed. The owner is required to sign a statement
acknowledging the risk that their lender may require the proceeds from the acquisition. This
letter also offers to the owner the option of the City making the payment to the lender directly but
still not requiring that the reconveying document be secured and, (2) for acquisitions over
$10,000 and up to $25,000 the same process as (1) can be followed but with prior approval of
WSDOT.
Section 2. Authority to accept encumbrances. City Staff is authorized to acquire property
subject to previous encumbrances, provided the Public Works Director, in coordination with the
City Attorney, determines that those encumbrances are not reasonably likely to adversely affect
the City's project.
Resolution 15-009
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Section 3. Authorit t�quire and grant interests in real property. The City Manager or
designee is authorized to negotiate and execute documents necessary to complete the acquisition
of real property required to complete City Project 1012, Howard Street Extension Project,
consistent with budgeted funds.
ADOPTED by the City Council of the City of Port Townsend at a regular meeting
thereof, held this 20th day of January 2015. 1
f r,
David King
Mayor
Attest: Approved as to form:
Joanna Sanders, CMC Steven L. Gross
City Clerk City Attorney