PROJECTS

Assistance with Acquisition Policies

Portland, Oregon - In 2001, Portland Community College needed to purchase residential and commercial property on three city blocks to expand their Cascade Campus in North Portland. The college had no acquisition or relocation policy in place for a project in which 22 properties were to be appraised and acquired. David Feinauer and DeAnn Franklin worked closely with PCC's vice president in charge of the project and the college's legal counsel to formulate acquisition policies and strategies. RWA assisted with the draft and production of PCC's Relocation Pamphlet. RWA also managed appraisal, environmental, and language interpreter sub-consultants. Eleven businesses, six residential owner occupants, and 12 tenants were relocated.

Bend, Oregon - Right-of-Way Associates was selected to provide on-call property acquisition services for the City of Bend. The City had not initiated an eminent domain (condemnation) suit for over 30 years. Management wanted to acquire property in a process which met State standards for public acquisition. The conclusion was that the City had been deviating from this process and paying significantly more for property because of the desire to avoid condemnation. David Feinauer, DeAnn Franklin, and Debra Jones assisted the Engineering Department and City Attorney to draft an Acquisition Policy for adoption by the City Council. The goal was to have policies that treated owners equitably and conserved public funds. We provided services for five street and two water projects for Bend using these standards

Coburg, Oregon - The City of Coburg is a small town growing from overflow from Eugene. We have been engaged to develop an acquisition policy for presentation to the City Council for projects using local funds. We are to develop a list of documents for review by Counsel, provide suggestions for tracking and retrieving documents as well as recommendations for records maintenance.

St Helens Measure 37 (November 2004 - )
In 2004, Measure 37 passed which required agencies to compensate property owners for loss of value to their properties as a result of zoning or land use changes. The City retained RWA to consult in the development of how this requirement should be met.

Bridges

Davis Road Improvement Project, City of Beaverton, OR: Appraisal / Acquisition Management
RWA appraised 32 properties and acquired all rights necessary to widen the street, install sidewalks, street lights, storm sewers and a new bridge. The project included proximity issues, impacts to a school, a day care center, a church as well as issues associated with driveway design, landscape, private utility connections, and retaining walls, as well as stream bed improvements. The original scope of work for the project was completed on time and at the proposed fee.

Fisher Covered Bridge Road Improvement Project – Lincoln County Road Department: Acquisition / Appraisal Management – Negotiate for rights to allow the relocation of an historic covered bridge. One property was valued via an appraisal, the other by an Administrative Determination of Just Compensation. Services performed to ODOT manual including provision of General Information Notices.

Spencer Creek DEIS - Beverly Beach, OR. – ODOT: For this current project, RWA conducted interviews and inspected properties, and has prepared a ROW Technical Report as a sub consultant to URS Corp. August 2003 – Present

South River Crossing, City of Bend, OR
RWA provided cost analyses of two different alignments, both affecting mobile homes in a large park and the connection with an existing bridge which would be upgraded by the project. Upon selection of the preferred route, RWA obtained appraisals, provided supporting documentation for Administrative Determinations of Just Compensation and negotiated for property and property rights from 5 owners.

Relocation

Albina CDC Property Rehabilitation Project 2004-2005
Another example of RWA’s capacity for immediate and creative response to an undetermined and flexible scope of work is the Albina CDC Relocation Project. RWA was approached about the work three days before 30-day notices were to be sent to the first group of tenants in this project. The project needed access to several of the properties before the 30-day notice was completed. RWA gathered project and tenant information, opened hard and electronic files, drafted and obtained approval from the client for the 30-day notice and sent the notices to 17 tenants within one day.

By the end of the first week, interviews of 12 of the tenants had been completed and a second letter sent requesting a response from those who had not been contacted. RWA provided the information necessary to adjust the construction schedule for those who would not waive their 30-day notice. We worked with Albina CDC to coordinate a process for claiming out-of-pocket expense advances, and set up accounts with the hotels for direct billing. The first five families were relocated approximately two weeks from RWA’s first involvement with the project. Since the initiation of the project, several acute problems have been effectively resolved by RWA with the result of money savings for the agency and reduction of discontent to the tenants.

Villa de Clara Vista Rehabilitation 2004
An example of the entire RWA staff’s ability to mobilize in response to the immediate and complex needs of a large effort is the Villa de Clara Vista Relocation project in northeast Portland. Hacienda CDC first asked RWA to provide a cost estimate for professional services to manage the temporary onsite moves of tenants who would return to their units after rehabilitation was completed, and to permanently relocate those who would be economically displaced or unable to return to their units because of demolition. After funding was secured, RWA was hired to manage the temporary and permanent relocation of the 158 tenants occupying this 178-unit, 21 building complex to allow rehabilitation of 17 buildings and demolition of the remaining 4 structures. Construction and demolition was scheduled to be completed in eight phases, concluding in January of 2005. The project was funded with CDBG, HOME and HIFF monies. Most of the occupants were Spanish speaking and required translation and interpretive services. Many tenants were not legally present in this country, and care was required as payments for benefits were paid from both federal and non-federal sources.

Within a four-week period RWA completed the following:

Obtained, copied and reviewed over 200 property management files
Prepared duplicate relocation files for use by the office staff and the translators
Prepared, hand delivered and mailed letters and fliers in Spanish and English introducing RWA staff and inviting tenants to two public meetings
Hired Spanish speaking staff to conduct interviews
Located and associated with a moving company to provide reasonable moving services
Coordinated with utility, phone and cable companies to smooth the way for transitions
Met with 150 tenants and completed site occupant interviews

A database was subsequently prepared which tracked, among other things, size of family and bedroom counts, citizenship status, percentage factors for federal payments to families with “some legally present”, Section 8 status, original, temporary, and final destination apartments; income percentages, over crowding conditions, number of adults and children; schools attended by the children; property management issues, utility, phone and cable disconnects and reconnects; construction schedule, departure and return dates; trigger for 30-day notices for temporary moves and 90-day notices associated with permanent displacements. RWA staff coordinated closely with the owner’s property management company, financial consultants, architect and construction crew as the work pressed forward.

Significant cost savings were anticipated if the construction schedule could be shortened. RWA was asked to restructure the relocation work to achieve this goal.
RWA redesigned the tenant move plans and eliminated the last construction phase, advancing the demolition date by 2 months.

Link CDC (HUD HOME Funds)

Security Apartment Building Rehabilitation Project: Pendleton, Oregon
Debra Jones and DeAnn Franklin were instrumental in gathering and analyzing market and tenant information. This information resulted in a successful application by Portland Community Development Corporation for HOME funds to rehabilitate the Security Apartment Building. This circa 1920 Pendleton apartment building contained both studio and one bedroom apartments. The project required permanent as well as temporary relocation of low income tenants. Sensitivity and special care was necessary as three case-managed individuals and two elderly persons were assisted in their moves. Right-of-Way Associates worked closely with the funding agency, Oregon Housing and Community Services, to aid in the success of the project as construction deadlines slipped and tenants were delayed in their return to the building.

Rogue Valley Community Development Corporation (HUD CDBG - 104d Funds)
New Pines Relocation Plan: Ashland, Oregon
Rogue Valley Community Development Corporation (RVCDC) was awarded Community Development Block Grant Funds by the City of Ashland. These funds, combined with HUD HOME monies and other sources were intended for development of 32 units of low-income housing on scattered sites. One of the sites was a 10-unit mobile home park occupied by low-income owners and tenants. DeAnn interviewed all occupants and conducted a market survey identifying over 3,000 mobile home spaces in the area. She drafted a plan describing the statistical data regarding households to be relocated, and available comparable replacement housing. An analysis made of acquisition costs and estimated relocation payments based on Section 104(d), URA level benefits, and the use of Section 8 vouchers was included based on a variety of choices that the displacees could have made.

Street / Road

R. Street Improvement Project / City of Vancouver
The City of Vancouver required an estimate of costs for land and improvements to be taken by this road improvement project that involved 39 properties. Three different land use areas were affected. The estimate, prepared by David Feinauer and DeAnn Franklin, was organized to include a per-parcel breakout and photographs, as well as reference maps and a grid summarizing the costs. Right-of-Way Associates also obtained appraisals and negotiated for the acquisition of required right-of-way. The project was certified to meet federal requirements.
Contact: M. Hassan Abdalla, P.E., Project Manager (360) 735-8858 ext. 8335

86th and 87th Avenue Extension Projects / City of Vancouver
The City requested that Right-of-Way Associates provide a True Cost Estimate for both of these projects, which required preliminary contacts with owners, as well as appraisals and acquisitions from over 125 combined parcels. Nathan Pool, David Feinauer and DeAnn Franklin prepared the estimate.
Contact: M. Hassan Abdalla, P.E., Project Manager (360) 735-8858 ext. 8335

Waterline

Burlington Water District
(Completed July 2003)
This federally funded project to improve the District’s system required easements from five properties and one fee purchase from ODOT Rail. One easement was needed from a moorage property with a lengthy frontage along the Willamette River. Both parties lacked trust in each other and were not willing to attribute good faith to the other. Difficult, protracted, but ultimately successful negotiations were conducted by David Feinauer. Condemnation was prohibited by the conditions of the federal grant.

City of Portland, Bureau of Water Works
SE 122nd Drive East of SE 127th Avenue Project (current)
For this current project, Right-of-Way Associates is conducting preliminary contacts and acquisition negotiations with seven property owners to obtain easements for an existing water line and for installing new lines to upgrade the current system within a private roadway owned by the property owners.
Waste Water Treatment

City of Aurora
Wastewater Treatment Facility
Right of Way Associates (RWA) made preliminary contacts with eighteen owners to determine their willingness to sell property. The project also required discussions with Union Pacific Railroad to permit six crossings of their rail line. RWA appraised and acquired easements across eight properties and acquired two lots for the STP site

City of Coburg
WWTP Site Acquisition
Several sites were evaluated for selection of a 50 acre site for a treatment plant. The chosen site was appraised and acquired for the City. Land use issues were an important aspect of the acquisition negotiations.

Site Acquisition

City of Dayton
Well Site Acquisition Project
David Feinauer provided preliminary research for projects which were within the City’s selection criteria for potential well sites. An appraisal was obtained and acquisition negotiations conducted with the owner for a 20-acre site. A water treatment facility and four additional well sites were purchased.

City of Gervais
Sewer Treatment Plant Site Acquisition
David Feinauer identified sites for a Sewer Treatment Facility for the City of Gervais. A due diligence investigation was made at each site to ensure that zoning, size and other factors were favorable. Three ownerships were identified for acquisition by the City for the facility. Voluntary acquisition was obtained from two parcels and one was acquired by eminent domain.

Tunnel Projects

West Side CSO Tunnel Alignment
The client provided a set of preliminary maps showing a tunnel alignment route through downtown Portland. Our scope was to identify and provide owner and tax lot information for properties encroached upon or adjacent to the tunnel. Complexities of the work included a 1 week timeline to fulfill the scope, a lack of reference points between available maps, and the extensive length of the route through a densely developed area.

RWA’s solution to the scope requirements was to provide the information in a user-friendly notebook format, as a tool for easily identifying and cross-referencing parcel information, tax lots, and route location.

Because of the route length, the route was divided into segments for manageability. Each segment included a tax lot segment map with marked parcels, a tunnel diagram displaying the segment area, and a grid of parcel segment information.

Additional portions of the notebook contained a Master Parcel Information Grid covering all segments, a Project Area Map, and a Master Parcel Segments Diagram showing segment sections in relation to the entire route. The last section of the notebook was composed of tax printouts of property information for client reference.

Cost / Budget / Program Estimate

Rogue Valley CDC, New Pines Relocation Plan
Rogue Valley Community Development Corporation (RVCDC) was awarded Community Development Block Grant Funds by the City of Ashland. These funds, combined with HUD HOME funds money from other sources will be used to develop 32 units of low-income housing on scattered sites. One of the sites is a 10 unit mobile home park occupied by low income owners and tenants. DeAnn interviewed all occupants and conducted a market survey identifying over 3,000 mobile home spaces in the area. She drafted a plan describing the statistical data regarding households to be relocated, and available comparable replacement housing. An analysis was made of acquisition costs and estimated relocation payments based on Section 104(d), URA level benefits, and the use of Section 8 vouchers was included based on a variety of choices that the displacees will be able to make

City of Newberg
Northside Road Route Alignment Study
The City of Newberg requested a study of three design options for the extension and realignment of North Side Road. The study estimated costs for land and improvements, relocation benefits for a resident and a large factory, as well as related professional fees for appraising properties, purchase negotiations, and providing relocation services. The study of 30 properties included detail sheets including photographs for each site, and a grid summarizing each of the options

Spencer Creek Draft Environmental Impact Statement
As a subcontractor to URS Corp, RWA provided a Right of Way Technical Report as supporting documentation for a Draft Environmental Impact Statement. This report considered two alternatives affecting 70+ property owners. Mr. Feinauer conducted property inspections, interviewed residential owners and representatives of local water districts, owners of timbered land, representatives of the Oregon State Parks Department. He provided estimates of costs for land and improvements impacted by each design, as well as professional fees for appraisal, purchase negotiations. The Technical Report described acquisition and relocation assistance procedures, Just Compensation, damages and the valuation process. The report included the area of all properties affected by each alignment, the areas of the proposed easements and rights-of-way as well as the areas of the remainder properties. Impacts on wells, septic tanks, forest land, state parks and commercial properties were analyzed. Legal costs were estimated. Uneconomic remainders were identified. Effects on parking and local water districts were discussed. Mr. Feinauer will contribute to an updated Technical Report, a Record of Decision and a Final Environmental Impact Statement in the final phase of this project

Politically Sensitive Projects

Lower Tank Site Acquisition Project 1996 (BES)
This project was a water tank site in the Skyline Road area in the hills above the City of Portland. This tank had been designed as part of an overall master plan for providing service to this section of the City. A high tank had been built to provide service within a limited service area which could not be served by the low tank. The low tank was intended to provide water for sewer, drinking and fire protection to a significant area and was essential to ensure that this capability was present.

The political context of the acquisition was that the neighborhood association was intimately involved in the site selection process. The agreement with the Portland Bureau of Water Works and the neighborhood association was that the selection process would follow a certain set of criteria to ensure that the Bureau was not arbitrary in the selection and that the concerns of the neighborhood were addressed.

Seven sites were identified and the number reduced to three sites based on technical requirements for the tanks. Hillside locations and inordinate piping requirements eliminated four sites. The remaining three sites were all technically possible but had differing costs to construct. The agreement with the neighborhood association was that technical and cost issues were legitimate criterion for selection. A site was selected which was least costly and most technically feasible. Several meetings were held with the neighborhood association to explain the criteria and the reasoning for the selection. When these were presented and consensus was obtained from the neighborhood association and the Bureau, an appraisal was performed and an offer made for the property.

Property Owner Research

RWA staff is experienced at obtaining, organizing and presenting information for use in analyses, reports, and decision making. We have provided these for a number of projects. A current project is described as an example.

Coos County - RWA is providing acquisition services for the Natural Gas Pipeline, which extends 60 miles from Roseburg to Coos Bay. There are another 40 miles of lateral lines. One lateral will be built within an abandoned UPRR corridor between Myrtle Point and Coquille. RR records were inadequate to prove title in some areas., and property owners along portions of the line claimed reversionary rights. RWA worked with the County Surveyor and the title company to identify ownership rights. RWA researched property values, considering size, zoning and present use for 50+ parcels adjacent to the corridor.