Title
Department of Transportation recommending the Board:
1) Approve the Appraisal Cost Reimbursement Agreement boilerplate, subject to minor modifications by County Counsel; and
2) Approve the Resolution 155-2022 to Authorize the Department of Transportation Director to Execute Appraisal Cost Reimbursement Agreements as necessary for the Right-of-Way acquisition process.
FUNDING: N/A
Body
DISCUSSION / BACKGROUND
The Department of Transportation (Transportation) manages and oversees public works, Capital Improvement Program (CIP) projects, and contracts for public facilities. Transportation intends to purchase necessary real property interests for CIP and public facility projects. It is necessary for Transportation to negotiate with property owners to purchase the necessary real property interests using the values in the County appraisals.
The California Code of Civil Procedure Section 1263.025 states a public entity shall offer to pay the reasonable costs, not to exceed five thousand dollars ($5,000), of an independent appraisal ordered by the owner of a property that the public entity offers to purchase under a threat of eminent domain, at the time the public entity makes the offer to purchase the property.
Transportation has commonly required property owners who want to obtain an independent appraisal to enter into an Appraisal Cost Reimbursement Agreement (ACRA), which sets forth the basis for reimbursement for the appraisal.
On August 28, 2012, Item 22, Legistar 12-1048, the Board delegated to the Director of Transportation (Director) the authority to execute an ACRA as necessary. At that time, the Board did not adopt a Resolution to delegate that power. This Resolution will formally authorize the Director to execute ACRAs up to $5,000.
ALTERNATIVES
If the Board chooses not to approve the Resolution and withdraw the delegation of power given to the Director of Transportation on August 28, 2012, to execute ACRAs up to $5,000.
PRIOR BOARD ACTION
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