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Home My WebLink About03-403 Black Cat Sewer Acquisition Policy RESOLUTION NO. C;¡-1tJ 3 BY: ¡¿¿ilk /J¡}-cL. A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO PROVIDE FOR FINDINGS AND TO ESTABLISH SEWER AND WATER LINE EASEMENT ACQUISITION POLICIES FOR THE BLACK CAT SEWER TRUNK PROJECT FOR THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority [pursuant to LC. § 50- 302] to establish resolutions not inconsistent with the laws ofthe state of Idaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, cornmerce and industry; and WHEREAS, the Mayor and Council have deemed it expedient and in the best interests of the City of Meridian to establish Sewer and Water Line Easement Acquisition Policies for the City of Meridian in order to provide for a unifonn and equitable treatment of property owners of land subject to the City of Meridian sewer and water line easement acquisition, and to adequately protect the best interests of the ratepayers of the City of Meridian. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO as follows: SECTION 1. Pursuant to Idaho Code §50-301 et seq., the Mayor and City Council hereby adopt the City of Meridian Sewer and Water Line Acquisition Policy for the City of Meridian, a copy of which is attached hereto and by this reference incorporated herein. A copy ofthis Resolution and 'the attached City of Meridian Sewer and Water Line Acquisition Policy shall be held on file in the office of the City Clerk. RESOLUTION FOR SEWER AND WATER LINE EASEMENT ACQUISITION POLICIES FOR THE CITY OF MERIDIAN PAGE 1 OF 2 SECTION 2: EFFECTIVE DATE. This Resolution shall be in full force and effect on 1J7~ it? ,2003. ~ PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2 7 ~ day of ~ .2003. APPROVED BY THE MAYOR OFTHE CITY OF MERIDIAN, IDAHO, this 21--13- day of. ~ . ,2003. - ATTEST: RESOLUTION FOR SEWER AND WATER LINE EASEMENT ACQUISITION POLICIES FOR THE CITY OF MERIDIAN PAGE 2 OF 2 DRAFT 5/20/2003 City of Meridian Sewer and Water Line Easement Acquisition Policies In order to provide for a uniform and equitable treatment of property owners of lands subject to the City of Meridian sewer and water line easement acquisition, and to adequately protect the best interests of the ratepayers of the City of Meridian as represented by the elected officials of the City, the following policies are adopted as procedural guides to be followed in sewer and water line easement acquisition: A. Develop a preliminary map depicting easement location and define easement requirements for the purpose of preliminary property owner notification; B. Determine ownership from available public records at county assessor office; order preliminary title reports on all properties to affirm necessary ownership contacts; C. Provide a written notice to each owner of property within the proposed easement of the City's intent to acquire such easement, including a copy of the Advice of Rights Form required by Idaho Code 7-711 A served in the manner specified in that statute; D. Provide to property owners the two options for just compensation available to them for the permanent easement, dependent upon their desires and acceptable to the City. The third party appraisal to determine just compensation will be paid for by the City: (1). Cash payment in the amount determined by a certified reai estate appraiser to be just compensation (applying the before and after ruie) for the easement, based upon the estimated market value of highest and best use for the property. (2). Donative value of easement as determined by a certified real estate appraiser to be just compensation (applying the before and after rule) for the easement, based upon the estimated market value of highest and best use for the property. Owners will be advised to check with a tax professional of their own choosing regarding the tax effects, if any. of donation E. In addition to Item D, just compensation for use of a temporary construction easement area shall be made to Items D.1 or D.2 as follows: (1). Just compensation shall be based upon the market rent for use of the property over the period of construction as determined by a certified real estate appraiser or; (2). Property owner and City mutually agreed upon assessment method of rental or compensatory considerations of temporary utilization of the temporary construction. F. Prepare final easement documents and legal descriptions. G. Prepare and submit to the property owner an easement offer together with the appraisal performed on the property; I. Conduct good faith negotiations with the property owner if the values obtained through the third party appraiser and those identified by the property owner are found to differ. The property owners are free to obtain an additional appraisal (at their expense) if they question values established through the estimate by the appraiser. DRAFT 5/20/2003 All appraisals shall be completed in accordance with the Uniform Standards of Professional Appraisal Practice. J. Obtain a final settlement ofthe easement acquisition (purchase or donation) or proceed with eminent domain proceedings if appropriate. A reasonable final settlement period shall be established as 30 days from when the offer letter is delivered, via certified mail, to subject property owner. K. Commence eminent domain proceedings if final settlement cannot be reached in the settlement period specified in (J) above. The City Attorney will send appropriate demand letter with final offer prior to commencement of action. *In the event the easement value is considered (by the property owner) to be less than the cost of an appraisal bya certified appraiser, then at the property owners request and with agreement from the City, the property owner may elect to settle on the amount equal to the City's cost to procure an appraisal. The intent here is to allow the best use of funds for the smaller easement acquisitions. Definition of Terms Just Compensation 1 In condemnation, the amount òf loss for which a property owner is compensated when his/her property is taken; should put the owner in as good a position financially as he or she would be if the property had not been taken; generally held to be market value. Before and after rule' In eminent domain valuation, a procedure in which just compensation is measured as the difference between the value of the entire property before the taking and the value of the remainder after the taking. Highest and Best Use2 In appraising real property: The reasonabiy probabie and legal use of property that is physically possible, appropriately supported, and financially feasible, and that results in the highest value. Market Value2 The most probable price which a property should bring in a competitive open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. buyer and seller are typically motivated; 2. both parties are well informed or well advised, and acting in what they consider their best interests; 3. a reasonable time is allowed for exposure in the open market; 4. payment is made in terms of cash or in terms of financial arrangements comparable thereto; 5. the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with this sale. Market Rene The rental income that a property would probably command in an open market. Definition References: 1. The Dictionary of Real Estate Appraisal, 4th Edition. 2. The Uniform Standards of Professional Appraisal Practice (USPAP), 2003 Edition F:\pmlphkI11873-blackcatleasement policy -rev4(unedited).doc 2 CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: I. That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the Ciry Clerk of this City, I am the custodian of its records and minutes. and do hereby certify that on the 2-7~ day of /h~? ,2003, the following action has been taken and authorized. A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO PROVIDE FOR FINDINGS AND TO ESTABLISH SEWER AND WATER LINE EASEMENT ACQUISITION POLICIES FOR THE BLACK CAT SEWER TRUNK PROJECT FOR THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority [pursuant to LC. § 50- 302] to establish resolutions not inconsistent with the laws of the state ofIdaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the Mayor and Council have deemed it expedient and in the best interests of the City of Meridian to establish Sewer and Water Line Easement Acquisition Policies for the City of Meridian in order to provide for a unifonn and equitable treatment of property owners ofland subject to the City of Meridian sewer and water line easement acquisition, and to adequately protect the best interests ofthe ratepayers ofthe City of Meridian. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO as follows: SECTION 1. Pursuant to Idaho Code §50-301 et seq., the Mayor and City Council hereby adopt the City of Meridian Sewer and Water Line Acquisition Policy for the City of Meridian, a copy of which is attached hereto and by this reference incorporated herein. A copy of this Resolution and the attached City of Meridian Sewer and Water Line Acquisition Policy shall be held on file in the office of the City Clerk. CERTIFICATE OF CLERK PAGE 1 OF 2 STATE OF IDAHO, : ss: County of Ada. ) f\~ On this ~ day of ¡VUlu} , 2003, before me, a Notary Public, appeared WILLIAM G. BERG. JR., known or identtt'ied to me, to be the City Clerk, respectively, of the City of Meridian, Idaho, that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. SEAL) ....Q.K?;;.. ..~ TA ~~y.>:'. .~tlI,'~ 0 - ~'¡"'~. iCJJ/ \ ~ . I I . . , I . ~ \ í : '. .p~-!bBlJ!;ç.~~o", ...17ifõF1S>~. ......' ~h~~~ Notary Public for Idaho Residence: AcI.A.. Co~~ I Jeta..h.o Commission Expires: tf -7 j\ -os Z,IWorklMlMeridianlMeridian lS360MIRosolutions City Hall\2003\CERT ofCLK Sewer Water Line EasemtAcquisitinn Policies OS 22 OJ.doc CERTIFICATE OF CLERK PAGE 2 OF 2 DRAFT 5ï2õi2õõ3 City of Meridian Sewer and Water Line Easement Acquisition Policies In order to provide for a uniform and equitable treatment of property owners of lands subject to the City of Meridian sewer and water line easement acquisition, and to adequateiy protect the best interests of the ratepayers of the City of Meridian as represented by the elected officials of the City, the following poiicies are adopted as procedural guides to be followec in sewer and water line easement acquisition: A. Develop a preliminary map depicting easement location and define easement requirements for the purpose of preliminary property owner notification; B. Determine ownership from available public records at county assessor office; order preliminary title reports on all properties to affirm necessary ownership contacts; C. Provide a written notice to each owner of property within the proposed easement of the City's intent to acquire such easement, including a copy of the Advice of Rights Form required by Idaho Code 7-711A served in the manner specified in that statute; D. Provide to property owners the two options for just compensation available to them for the permanent easement, dependent upon their desires and acceptable to the City. The third party appraisal to determine just compensation will be paid for by the City: (1). Cash payment in the amount determined by a certified real estate appraiser to be just compensation (applying the before and after rule) for the easement, based upon the estimated market value of highest and best use for the property. (2). Donative value of easement as determined by a certified real estate appraiser to be just compensation (applying the before and after rule) for the easement, based upon the estimated market value of highest and best use for the property. Owners will be advised to check with a tax professional of their own choosing regarding the tax effects, if any, of donation E. In addition to Item D, just compensation for use of a temporary construction easement area shall be made to Items D.1 or D.2 as follows: (1). Just compensation shall be based upon the market rent for use of the . property over the period of construction as determined by a certified real estate appraiser or; (2). Property owner and City mutually agreec upon assessment method of rental or compensatory considerations oftemporary utilization of the temporary construction. F. Prepare final easement documents and legal descriptions. G. Prepare and submit to the property owner an easement offer together with the appraisal performed on the property; I. Conduct good faith negotiations with the property owner if the values obtained through the tlnird party appraiser and those identified by the property owner are found to differ. The property owners are free to obtain an additional appraisal (at their expense) if they question values established through the estimate by the appraiser. DRAFT Sï2õi2õõ3 All appraisals shall be completed in accondance with the Uniform Standards of Professional Appraisal Practice. J. Obtain a final settlement of the easement acquisition (purchase or donation) or proceed with eminent domain proceedings if appropriate. A reasonable final settlement period shall be established as 30 days from when the offer letter is delivered, via certified mail, to subject property owner. K. Commence eminent domain proceedings if final settlement cannot be reached in the settlement period specified in (J) above. The City Attorney will send appropriate demand letter with final offer prior to commencement of action. *In the event the easement value is considered (by the property owner) to be less than the cost of an appraisal by a certified appraiser, then at the property owners request and with agreement from the City, the property owner may elect to settle on the amount equal to the City's cost to procure an appraisal. The intent here is to allow the best use of funds for the smaller easement acquisitions. Definition ofTerms Just Compensation 1 In condemnation, the amount of loss for which a property owner is compensated when his/her property is taken; should put the owner in as good a position financially as he or she would be if the property had not been taken; generally held to be market value. Before and after rule' In eminent domain valuation, a procedure in which just compensation is measured as the difference between the value of the entire property before the taking and the value of the remainder after the taking. Highest and Best Use2 In appraising real property: The reasonably probable and legal use of property that is physically possible, appropriately supported, and financially feasible, and that results in the highest value. Market Value2 The most probable price which a property should bring in a competitive open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. buyer and seller are typically motivated; 2. both parties are well informed or well advised, and acting in what they consider their best interests; 3. a reasonable time is allowed for exposure in the open market; 4. payment is made in terms of cash or in terms of financial arrangements comparable thereto; 5. the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with this sale. Market Rent' The rental income that a property would probabiy command in an open market. Definition References: 1. The Dictionary of Real Estate Appraisal, 4'" Edition. 2. The Uniform Standards of Professional Appraisal Practice (USPAP), 2003 Edition F:\pmlphkI11873-biackcalleasement policy -rev4(unadiled).doc 2