City of Cincinnati Law Department Real Estate Services

Elements of the Acquisition Process Planning Communications Plans Titles Appraisals Negotiations Relocation Eminent Domain Property Management

PLANNING FOR REAL ESTATE ACQUISTION PROJECT Identifying Project Parcel Numbers Every Auditor Parcel number should not necessarily have a separate project parcel number Common Ownership Contiguous Is there unity of use Takes defined and areas calculated

Review Alignments for Impact to Real Estate Is access maintained to the property? What is the impact on parking and structures? Is the damage to residue minimized? Are all site improvements within take area accurately depicted on plans? Are improvements to be replaced or purchased? Materials to be used in replacement? Are there Relocation issues?

Specifications for Right-of-way and Construction Plans for Appraisal and Negotiations Right-of-way Plans Identify Project Parcel numbers, and type of take Identify Auditor’s Parcel number & property lines Identify PRO (Present Road Occupancy) Identify property owner and street number for major structure Take areas in relation to major structures and site improvements (e.g. driveways and walks) CAD or CAGIS file depicting easement lines or polygons in addition to paper copy Drawing and revision dates

Identify all structures Property lines and Auditor parcels identified Show all improvements in take area Indicated improvements in take area NOT disturbed Note items to be replaced in kind or at project cost. Describe specifications (materials) of items disturbed and replacement Cross sections Depth of pipe/manholes Proposed structures of facilities Change in grade or elevation Depict surface or above surface items including specifications Existing utilities and known easements within the take area Drawing and revision dates Construction Plans

Project Summary Table Identify Project parcel number Present owner Auditor’s Parcel Number Type of takes Take area Paper and digital (excel or word) copy

Letter of Transmittal Project Name, Phase and any State of Federal reference Reference current and any prior RLS# Project funding type (Federal, State, City) and project number Summary of project purpose and scope Duration of temporary takes Identify any relocation issues

Prepare and send RLS to City Solicitor (Copying Real Estate Manager Tom Klumb) Identify Services Appraisal, Negotiation, Title, Resolution and/or Relocation Reference any prior RLS or Previous Project Phase Include (paper copy) of Project summary Table & Letter of Transmittal

Delivery of Project to Real Estate Set Appointment with Chief Appraiser (Pat Gallagher) to present the project Deliver three sets of right-of-way and construction plans, summary table, and letter of transmittal Give project overview and discuss project with Real Estate Staff Deliver electronic copies of summary and right-of-way lines Deliver RLS Planning Meeting State and Federally funded projects require additional planning meeting with Project Engineer, Real Estate Staff, Contract Appraiser and Review appraiser. Review of Plans in office Field review of project

REQUIREMENTS FOR ENVIRONMENTAL CLEARANCE The environmental clearance on any part-takes, full-takes, and permanent easements should be processed as soon as the project engineer has determined those limits. An environmental site assessment is also required for temporary easements if excavation is to be performed.

ACQUISITION PROCESS Project engineer meets with Real Estate Manager and Chief Appraiser to deliver plans and review the project Real Estate will order titles (2-4 weeks) Full take and permanent easements – full title reports Temporary Easement – ownership checks Real Estate will simultaneously order appraisals from contract fee appraiser (4-6 weeks) Real Estate will review completed appraisals (2 weeks) Parcels will be assigned to a negotiator Negotiator will make an offer to the owner and initiate negotiations, establishing good faith negotiations (10-12 weeks) Owner signs a contract or Negotiator sends a final offer letter

PROCESSING OF CONTRACT 1) The property owner, the negotiator, the Real Estate Manager and Assistant City Solicitor will sign the “Request for Acceptance of Contract for Conveyance of Real Estate Offer,” hereafter referred to as “contract.” The contract will be forwarded to the appropriate department for approval and signature. 2) The project engineer will review the contract against the plans and descriptions. The department designee will sign the contract and forward to the Department’s accounting section. 3) The department’s accounting section will transmit the contract to Finance accompanied by Form 9 (Certification of Funds).

5) The Real Estate Division then concurrently carries out the following items: a.The negotiator receives notice that the contract has been fully executed and sends one fully certified contract to the property owner. b.The Real Estate Division sends a memo to the appropriate department requesting a check. The department prepares and processes the voucher in accordance with the applicable agreement (Form 9) and acceptable procedures. c.The negotiator requests an updated title to check for tax liens or assessments and writes to the mortgage company requesting that they execute a mortgage consent or partial release. 6) After the check is cut and sent to the Real Estate Division, the negotiator closes on the property. Finance will sign the contract certifying that funds are available and will transmit the contract the City Manager for execution. 4) The City Manager will return the executed contract to the Real Estate Division.

Dept meets w/ RE to discuss project RE requests a check from the department RE holds closing with the owner RE records the permanent easement or deed RE orders appraisals and titles RE reviews appraisals RE contacts owner to make offer RE routes contract for signatures & certification Owner signs contract RE negotiates w/owner RE sends final offer letter to owner RE refers to Law for approp.* *The department should request a resolution and ordinance prior to sending the project to Real Estate to avoid unnecessary delays a th end of the process. REAL ESTATE PROCESS RE request a check from the department

EMINENT DOMAIN IN GENERAL: - City’s right to acquire for public purpose - Right found in 5 th Amendment to US Constitution and Article I Section 19 of Ohio State Constitution - City unable to come to agreement with owner - Before filing, City must: - negotiate in good faith - offer fair market value - pass Resolution and serve Resolution - pass Ordinance

RESOLUTION - RLS to Law Requesting the Resolution - All parcels that have not been closed (Can be requested the time project is sent to Real Estate - Metes and bounds legal descriptions in WORD - Temporary takes must include the work to be performed - Law prepares Resolution - Original Resolution to department director - Copy to project engineer - Department in charge of the project transmits Resolution to City Council

APPROVAL OF RESOLUTION -Introduced to Council - If project not already approved by the City Planning Commission, Resolution referred to the City Planning Commission - Planning Commission recommends to Council on acquisitions for project - Project engineer to provide staff for Commission with information needed for report and notification - Project engineer attends Commission meeting - After Commission’s recommendation, Resolution referred to Committee - Committee recommends action to Council - Staff attends the committee and council meetings

SERVICE OF RESOLUTION - Law serves of the passed Resolution on the owner and all other parties with an interest inthe property (ie. mortgage companies) - Once notice is complete, Law notifies City Council by memo

ORDINANCE - Attorney who prepared the Resolution receives copy of the memo - Parcels acquired since Resolution prepared not in the ordinance - Parcels not acquired included in the ordinance - Original ordinance to department director - copy of ordinance to project engineer - department in charge transmits ordinance to Council

COMPLAINT FOR APPROPRIATION - After ordinance passed, negotiator prepares appropriation package - Appropriation packages prepared when it’s clear that the owner will not voluntarily sell the property in question - Appropriation package sent to Law’s litigation section to file complaint - Quick-take - road project - deposit fair market value with the county clerk of courts - memo to DOTE requesting check - check attached to the appropriation package

EFFECT OF RECENT CASE LAW - no effect on the City’s right to appropriate for infrastructure projects - State legislature is reviewing proposed changes in the law

TRANSFERRING AND RECORDING DEEDS AND PLATS - Property interests conveyed by deed or plat - City acquires fee simple or easement - “Transfer” and “record” are legal terms - “Transfers” occur in Auditor’s office - Auditor “transfers” a conveyed parcel from grantor to grantee - transfer occurs in Auditor’s records - Transfer in records makes sure that current owner is billed for real estate taxes - Auditor only transfers fee simple, not easements - To have conveyance document placed of record - the document first taken to Auditor - Auditor either: 1) transfers the parcel, mark the document to show transfer; or 2) marks the document “TRANSFER NOT ECESSARY”. - document then goes to Recorder’s office for recording - Recorder won’t accept document conveying interest if no Auditor’s stamp - Law transfers and records all non-MSD conveyance documents