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Resolution 2024-009
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01. January
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2024-01-16 10:00 AM - Commissioners' Agenda
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Resolution 2024-009
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Last modified
1/24/2025 9:12:42 AM
Creation date
1/24/2025 9:12:37 AM
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Template:
Meeting
Date
1/16/2024
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Fully Executed Version
Supplemental fields
Item
Request to Approve a Resolution to Authorize the Chair's Signature on the Right-of-Way Procedures WSDOT Form LPA-001, Appendix A and Appendix B
Order
6
Placement
Consent Agenda
Row ID
113090
Type
Resolution
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EXHIBIT A <br />Agency's Administrative Settlement Policy <br />Administrative settlements are occasionally required in addition to Just compensation in order to acquire the <br />necessary Right of way through negotiation. These Administrative Settlements aan help eliminate costly <br />condemnation litigation and project construction delays' <br />when Administrative Settlements occur, the project parcel right of way file shall contain rational justification <br />and supporting documentation for the Settlemeni offer. Prioi to approval of the- settlement the Agency shall <br />give full consideration to utt p"rtinent information including, but not limited to the following: <br />1. All available appraisals, including the owner's, and the probable range of testimony in a condemnation <br />trial. <br />2. Ability of the agency to acquire the property, or possession, through the condemnation process to meet <br />the construction-scnldule. tmpact of construction delay pending acquisition. <br />3. The negotiators recorded information' <br />4. Recent court awards in cases involving similar acquisition and appraisal problems' <br />5. Likelihood oioutuining an impartial.iiw in local jurisdiction. opinion of [ega[ counsel where <br />apProPriate. <br />6.Estimateoftrialcostweightedagainstotherfactors. <br />All pertinent information will be presented to the program Administrator (Public works Director) for approval' <br />In the event that the Administrator is uncertain of the eligibility of the settlement, he or his designee will contact <br />the Region Land Acquisition coordinator fo, approval- 5n." tt. eligibility for settlement has been established' <br />the program Adminiitrator (public wort s oirecior) will sign the auihorization to proceed with the negotiated <br />settlement. The signed authorization as weil as a[ iocumentation will be placed in the right of way file' <br />The level of authority to offer Administrative Settlements will be as follows and final approval will rest with the <br />Kittitas County Board of Commissioners: <br />L Acquisition (construction Manager) -Just Compensation plus up to $5,0-00 Administrative Settlement' <br />2. program Administration (public works Director or couniy Engineer) - Just Compensation plus up to <br />J <br />$10,000 <br />Kittitas <br />Administrative Settlement. <br />f Commissioners -AIl settlements exceeding Program Administrations authority <br />() <br />,B OARD OF COIINTY <br />COMMISSIONERS <br />Washington State Department of Transportation <br />Approved By: <br />Michelle il:ij:lll'^ffii3"'"' <br />Newlean 3jl";,i?il;91,j' <br />Local Programs Right of WaY <br />LPA-OOI <br />Rev. 412023 <br />Manager Date
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