Chapter 10.10
ROAD IMPROVEMENT AND RIGHT-OF-WAY ACQUISITION

Sections:

10.10.010    Adoption – Purpose.

10.10.020    New Development Road – Defined – Requirements.

10.10.030    Improved Existing Gravel Road – Right-of-Way Requirements.

10.10.040    Improved Existing Surfaced Road – Right-of-Way Purchase.

10.10.050    New Road – Right-of-Way Purchase.

10.10.060    Approaches Provided When – Additional – Permit Required.

10.10.070    Parallel Facility in Existing Right-of-Way – Removal Cost Responsibilities.

10.10.080    Parallel Facility Outside Existing Right-of-Way – Replacement Responsibility.

10.10.090    Pipeline in Existing Right-of-Way – Requirements.

10.10.100    Existing Policies – Effect of Chapter.

10.10.110    Interpretation and Variances – Authority.

10.10.120    Right-of-Way Acquisition Generally.

10.10.130    Right-of-Way Acquisition – Involving No Relocation.

10.10.140    Right-of-Way Acquisition – Involving Relocation.

10.10.150    Right-of-Way Acquisition – Appraisal, Negotiation and Payment Procedure.

10.10.160    Right-of-Way Acquisition – Applicability of Chapter.

10.10.010 Adoption – Purpose.

To stimulate and accelerate the acquisition of rights-of-way for new development roads, the improvement of existing gravel roads to roads with low or high bituminous or concrete surfaces, the improvement of existing surfaced roads, and new surfaced roads, it is the decision of the board of county commissioners to adopt the following policy which will define the various types of road improvements and outline the obligations of Yakima County and the property owners regarding the improvements.

(Res. 338-1976 §1, 1976).

10.10.020 New Development Road – Defined – Requirements.

A “new development road” is defined as follows:

(1)    A road constructed by Yakima County into an area where no county-maintained road previously existed; and

(2)    A road which serves as an access road to an existing road system. A sixty-foot right-of-way shall be required, except, where specifically adopted and designated by the board of county commissioners, the required right-of-way may be reduced to a minimum of fifty feet. Such rights-of-way shall be freely given by the adjacent property owners. The abandonment or relocation of any obstacles within the right-of-way shall be the responsibility of the property owners and Yakima County will not participate in any of the expense of said abandonment or relocation, except Yakima County will construct or reconstruct necessary pipelines across the road. No grades will be established on new development roads and the improvement will follow the existing contour of the land as closely as possible.

(Res. 338-1976 §2(A), 1976).

10.10.030 Improved Existing Gravel Road – Right-of-Way Requirements.

Existing gravel roads which are to be improved with low or high bituminous or concrete surfaces shall have sixty feet of right-of-way and more where required by deep cuts or high fills, except where specifically adopted and designated by the board of county commissioners the required right-of-way may be reduced to a minimum of fifty feet. The rights-of-way will be freely given to Yakima County by abutting property owners. Yakima County will pay reasonable cost for trees, shrubs and permanent crops located on the proposed right-of-way. Yakima County will also allow a reasonable cost for the moving of all existing parallel irrigation and drainage pipelines not covered by franchise or under Section 10.10.070 and parallel fences. Pipes crossing the road and structures which service said crosspipes will be moved where necessary by Yakima County.

(Res. 338-1976 §2(B), 1976).

10.10.040 Improved Existing Surfaced Road – Right-of-Way Purchase.

The widening of existing surfaced roads generally will require additional rights-of-way. Where additional rights-of-way are required over that previously obtained for the existing roadway, these additional rights-of-way shall be purchased by Yakima County in accordance with the fair market value for the land and improvements thereon.

(Res. 338-1976 §2(C), 1976).

10.10.050 New Road – Right-of-Way Purchase.

Where it has been determined by an engineering study that a new road is necessary to serve as a connection between cities, communities or major roads, Yakima County will purchase the rights-of-way necessary to construct the road and pay for damages resulting therefrom.

(Res. 338-1976 §2(D), 1976).

10.10.060 Approaches Provided When – Additional – Permit Required.

Yakima County will give reasonable access to properties abutting the roadways which will be provided at the time of construction. One approach will be given to each property, any additional approaches to give reasonable access to a property will be the decision of the county engineer. Should a property owner desire additional road approaches other than those provided by the county he may, by applying at the county engineer’s office, request permits to construct additional road approaches at his own expense.

(Res. 338-1976 §3, 1976).

10.10.070 Parallel Facility in Existing Right-of-Way – Removal Cost Responsibilities.

Parallel facilities owned by irrigation districts or drainage improvement districts which lie in the existing rights-of-way and which are not covered by a franchise or agreement and which require moving will be moved from their present locations to a point off the proposed right-of-way and the following policy will be followed: Yakima County will pay for fifty percent of the cost of the new pipe to replace the existing parallel facility or thirty-five percent of the cost of constructing a new open parallel facility. The irrigation districts, drainage improvement districts or property owners must assume the remaining cost.

(Res. 338-1976 §5, 1976).

10.10.080 Parallel Facility Outside Existing Right-of-Way – Replacement Responsibility.

Parallel facilities owned by irrigation districts or drainage improvement districts which lie outside of the existing rights-of-way, but within the proposed rights-of-way and which require moving, will be replaced and moved by Yakima County.

(Res. 338-1976 §6, 1976).

10.10.090 Pipeline in Existing Right-of-Way – Requirements.

Pipelines covered by a Yakima County franchise which lie within existing road rights-of-way will meet the requirements prescribed by the franchise in reference to the improvement of such roadway.

(Res. 338-1976 §7, 1976).

10.10.100 Existing Policies – Effect of Chapter.

The existing policies and procedures regarding road improvement districts shall remain in effect and are not included in this policy.

(Res. 338-1976 §4, 1976).

10.10.110 Interpretation and Variances – Authority.

Situations not covered by this policy or variances therefrom shall be left to the discretion of the board of county commissioners.

(Res. 338-1976 §8, 1976).

10.10.120 Right-of-Way Acquisition Generally.

The procedures governing acquisition of county road rights-of-way are as set out in Sections 10.10.130 through 10.10.160.

(Res. 338-1976 (part), 1976).

10.10.130 Right-of-Way Acquisition – Involving No Relocation.

(1)    If the right-of-way to be acquired is for new development roads or existing gravel roads to be improved to roads with low or high bituminous or concrete surfaced roads, as defined in Sections 10.10.020 and 10.10.030, the following procedures shall be followed.

(a)    The right-of-way section shall prepare the document necessary for the conveyance. The following statement shall be included in the body of the document:

The Grantor(s) acknowledge(s) that the property and property rights herein conveyed are a donation; that the consideration is the mutual benefits to be derived; and that the Grantor(s) have (has) been informed of the right to receive just compensation and have (has) hereby waived said rights.

(b)    In accordance with Yakima County’s right-of-way policy regarding gravel roads being improved to roads with a low or high bituminous or concrete surface a determination will be made of the reasonable costs for those certain improvements defined in the policy. Upon approval of the county engineer, this offer will be presented to the property owner.

(c)    The right-of-way agent shall contact the property owner and explain the nature of the proposed project; the right-of-way policy which governs; and that he as a property owner is entitled to just compensation for the land but that, in accordance with Yakima County’s right-of-way policy, the right-of-way is requested to be a donation.

(d)    If after completion of Step c, the property owner wishes to be compensated for the right-of-way, the county engineer shall advise the board of county commissioners, hereinafter called the board, and ask for a resolution either to abandon the project or to negotiate for the purchase.

(e)    After a resolution to negotiate has been passed by the board, the right-of-way section shall arrange for an appraisal and ask if the owner wishes to accompany the appraiser.

(f)    Obtain an appraisal for the property from a county appraiser, or another qualified appraiser, which is based on the fair market value. If the property owner has requested to accompany the appraiser, a time which is convenient for both the property owner and appraiser should be scheduled by the right-of-way section.

(g)    The appraisal shall be reviewed by the board of county commissioners of Yakima County, or by the county engineer, if so designated by the board, and an amount established, which is determined to be just compensation. The amount established shall not be less than the approved appraisal value.

(h)    A written statement of the amount established as just compensation and a summary of the basis for the determination shall be given to the property owner.

(i)    If after completion of the above steps a settlement agreeable to both parties has not occurred, the board may by resolution direct the Yakima County prosecuting attorney to initiate condemnation procedures.

(2)    The following procedures will be followed on projects involving the widening of roads with existing low or high bituminous or concrete surfaces and on new roads (See Section 10.10.040).

(a)    The right-of-way, at the option of the property owner, may be donated in which case the right-of-way section shall prepare the deed necessary for the conveyance. The following statement shall be included in the body of the deed:

The Grantor(s) acknowledge(s) that the property and property rights herein conveyed are a donation; that the consideration is the mutual benefits to be derived; and that the Grantor(s) have (has) been informed of their right to receive just compensation and have (has) hereby waived said rights.

(b)    If the property owner wishes to be compensated for the right-of-way, the right-of-way section shall obtain an appraisal for the property from a county appraiser, or another qualified appraiser, which is based on the fair market value. If the property owner has requested to accompany the appraiser, a time which is convenient should be scheduled by the right-of-way section.

(c)    The appraisal shall be reviewed by the board of county commissioners of Yakima County, or by the county engineer if so designated by the board, and an amount established, which is determined to be just compensation. The amount established shall not be less than the approved appraised value.

(d)    A written statement of the amount established as just compensation and a summary of the basis for the determination shall be given to the property owner.

(e)    If after completion of the above steps a settlement agreeable to both parties has not occurred, the board may by resolution direct the Yakima County prosecuting attorney to initiate condemnation procedures.

(Res. 338-1976 (part), 1976).

10.10.140 Right-of-Way Acquisition – Involving Relocation.

Yakima County will follow the rules and regulations outlined under the Federal and State Uniform Relocation Assistance and Real Property Acquisition Policy Acts.

(Res. 338-1976 (part), 1976).

10.10.150 Right-of-Way Acquisition – Appraisal, Negotiation and Payment Procedure.

Procedure to be followed on all acquisition projects where appraisals and/or payment is required is as follows: The appraisal, appraisal review, negotiations, and payment must be made by separate individuals.

(Res. 338-1976 (part), 1976).

10.10.160 Right-of-Way Acquisition – Applicability of Chapter.

The procedures set forth in this resolution shall govern all acquisition of county road rights-of-way from the date of the signing of this resolution forward.

(Res. 338-1976 (part), 1976).