4.7 SR 05-06-2024The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community
engagement that encourages and inspires prosperity
Request for Action
To
City Council
Item Number
4.7
Meeting Date
May 6, 2024
Prepared By
Ryan Sandhoefner, Engineering Project Manager
Item Description
Agreement 24-13 for Minimum Damage Assessment
(MDA) Quotes for Mississippi Road Trail Easements
and to Accept Quote
Reviewed by:
Justin Femrite
Cal Portner
Tina Allard
Action Requested
Approve, by motion, Agreement 24-13 with Evergreen Land Services Company to perform Minimum Damage
Assessments (MDAs) on affected properties for the Mississippi Road Trail Project and to accept the quote
not to exceed $40,200.
Background/Discussion
The adopted Trail Master Plan and Capital Improvement Plan both identify a project to construct several
missing trail connections along Mississippi Road between Waco Street and Orono Road. Through the final
plan development, it was determined that several easements from private properties need to be procured.
Some of these are temporary easements to allow adequate work area for trail construction, and others are
permanent to allocate an area for permanent trail infrastructure.
The valuation of each easement acquisition is expected to fall below the threshold of $25,000 which makes
them a candidate for Minimum Damage Assessments (MDAs), rather than full appraisals. MDAs are not
technically an appraisal, but a format promoted by MnDOT to be used for uncomplicated acquisitions up to a
value of $25,000, including simple partial acquisitions where only land or land and minor improvements are
involved.
Staff recommends retaining a professional to help with the MDAs and negotiations to secure the necessary
easements.
Financial Impact
The cost to procure MDA valuations with title work for all parcels totals $40,200.00.
Mission/Policy/Goal
Responsible for every dollar - good stewards
Attachments
1. Evergreen Land Services Company Quote
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New Bituminous Trail System
Prepared for the City of Elk River
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Evergreen Land Services Company, Eagan, MN Page 1
Table of Contents:
Summary of Services
Company Overview..............................................................................2-3
Appraisal Services ...................................................................................4
Acquisition Services ................................................................................5
Relocation Services..................................................................................6
Resumes
Matthew Storm.........................................................................................7
Steve Carlson...........................................................................................8
Bud Storm............................................................................................... 9
Patricia Nolan.........................................................................................10
References
Current Client Services..........................................................................11
Past Client Services..........................................................................12-13
Complete Client List..............................................................................14
Fees
2024 Rate Sheet .....................................................................................15
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Evergreen Land Services Company, Eagan, MN Page 2
Company Overview
Evergreen Land Services Company (ELS) specializes in all aspects of land and land rights
acquisition and valuation.
ELS has been providing right-of-way and land acquisition services that includes appraisal and
relocation services, to governmental, public utilities and other private entities since 1972.
ELS has a decade long history of successful partnering with multiple state, county and municipal
agencies as well as private engineering and legal firms. ELS strives to be a valued team member
in assisting clients to meet their goals and timelines.
ELS provides the full spectrum of land and right-of-way services including planning, route
selection, project counseling, field title investigation, valuation, acquisition, relocation, public
meetings, permitting, industry education, regulatory and audit compliance and many more
services. All of ELS actions, activities, processes and policies are in compliance with the Federal
Uniform Act governing land and land rights acquisition.
ELS team members hold all applicable licenses required by law to acquire land for right-of-way
projects and appraisals.
ELS is a MNDOT pre-qualified consultant in the areas of direct purchase, field title investigations,
appraisal and relocation services. ELS is the designated right-of-way consultant for multiple
municipalities.
ELS is committed to meeting our client’s right-of-way needs in a professional and timely manner.
Our goal is to provide the highest service and product through education, experience and
perseverance.
ELS has a reputation for completing projects on schedule, within budget and without loss of
Federal or State Aid Funds. ELS’s ability to meet deadlines is well recognized by many clients
who have selected ELS to assist with their projects.
ELS has been through the auditing process several times with Mn/DOT and the Federal Highway
Administration. Audits are necessary to receive certain funding. We have received compliments
in these audits on our files, record keeping, success in our accomplishments and the meeting of
budgets and schedules.
ELS has found that some land acquisition and relocation projects are controversial. However, we
feel an experienced and qualified staff can do a great deal to overcome the misconceptions about
the program and the acquisition and relocation process.
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Evergreen Land Services Company, Eagan, MN Page 3
Company Overview
The ELS team consists of the following personnel:
CONSULTANT TEAM
ELS President, Acquisition Manager Matthew Storm, SR/WA
ELS Vice President, Relocation Manager Steve Carlson
Acquisition Agent Stuart (Bud) Storm
Appraisal Consultant Patricia Nolan
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Evergreen Land Services Company, Eagan, MN Page 4
Appraisal Services
Evergreen Land Services Company (ELS) offers appraisal services to our clients. ELS has a
Certified General Real Property Appraiser on staff who has experience with the appraisal of partial
acquisitions. ELS can provide the following appraisal formats:
1. Appraisal Report – can be used for any type of acquisition and is a typical
format in the industry. The Appraisal Report format must be provided when
the intended users include parties other than the client.
2. Restricted Appraisal Report – can be used for acquisitions of typical residential
properties, vacant land, or for partial acquisitions involving easily supported
damages to the remainder of the property. When the intended users do not
include parties other than the client, a Restricted Appraisal Report may be
provided.
3. Minimum Damage Assessments (MDA’s) – this format is not technically an
appraisal, but is a format promoted by Mn/DOT to be used for uncomplicated
acquisitions up to a value of $25,000, including simple partial acquisitions
where only land or land and minor improvements are involved.
In conjunction with the “Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970” (commonly known as the Uniform Act), ELS offers property owners the opportunity
to accompany the appraiser on the inspection of their properties and treats the property owners
with respect.
Appraisals are prepared in conformance with the Uniform Standards of Professional Appraisal
Practice (USPAP) as well as Mn/DOT or other agency regulations.
Appraisal Review - ELS can also provide appraisal review services. Reviews can be via form or
narrative reports depending on the client’s request and the complexity of the appraisal. Review
criteria includes sound appraisal principles and USPAP conformance, as well as Mn/DOT or other
agency regulations.
Consultation - ELS understands the appraisal process and requirements and can provide appraisal
expertise in the form of consultation for appraisal contracting or condemnation.
Appraisal Fees – Fees are dependent on the client’s desired appraisal format and the complexity
of the appraisal problem, but can be via an hourly rate of $90.00 plus costs or a charge per
appraisal.
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Evergreen Land Services Company, Eagan, MN Page 5
Acquisition Services
The acquisition process typically begins with an initial meeting with the client’s staff to discuss
project coordination and procedures. After receiving the appraisal of fair market value for each
parcel, ELS staff will develop an acquisition file and prepare the Just Compensation Offer to be
signed. ELS then meets with each individual owner to present the offer and review the appraisal,
conduct negotiations with each property owner, and be available for questions from each owner
regarding the acquisition file. All owners receive an information booklet explaining their rights
and the acquisition process.
If the owner agrees on the acquisition price, both parties execute a purchase agreement, and a
closing is set up with the closing agent and the title company. If the acquisition involves easements,
ELS initiates the signing of the documents and recording at the county recorder’s office. If the
owner does not agree with the offer, and after an appropriate amount of time in negotiations, the
client’s attorney may initiate eminent domain proceedings with requested assistance from ELS.
The Acquisition Services include the following:
•Meet with client’s staff to discuss project coordination, timing and procedures.
•Attend any other meetings with staff as required.
•Read appraisal and review appraisals for each parcel and discuss with appraiser and
reviewer as necessary.
•Prepare just compensation offer letter for signature on all parcels.
•Prepare landowners information booklet for each parcel.
•Deliver offer letter and booklet to owners and begin negotiations.
•In negotiations, gather information and work towards resolving disagreements and disputes
to get a purchase agreement or easement signed.
•All written and oral communication will be documented in each file.
•Prepare purchase agreements for all files.
•Prepare easement documents for all files.
•Prepare a weekly report on status of negotiations.
•Work with relocation team concerning vacancy dates and other activities.
•Coordinate closings and recording of instruments with the title company.
•Record easement documents.
•Work with the client’s attorney or title company on issues concerning marketable title.
•If condemnation is necessary, provide services as directed by client’s attorney.
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Evergreen Land Services Company, Eagan, MN Page 6
Relocation Services
The project approach assists all the impacted residents and businesses, eligible for assistance under
the Federal Guidelines, in relocating to adequate replacement accommodations as quickly as
possible. In addition, ELS can assure each project is performed in accordance with the Uniform
Relocation Assistance and Real Property Acquisition Act of 1970, as amended, to maximize
federal participation. All impacted residential homeowners, tenants, and businesses will be treated
in a just manner and receive adequate compensation under the applicable guidelines.
ELS operates a cost effective and efficient program and addresses all the special needs of the
individual residential homeowner, tenant and business. We make a concerted effort to find
workable solutions to all problems related to the relocation program. We anticipate the usual range
of difficulties, together with new challenges, with each project and have the capabilities to address
all of these issues.
The Relocation Services include the following: •Initial meeting with the client’s staff to discuss project coordination and procedures.
•Meeting(s) with the public and occupant(s) to discuss and provide written general
information on relocation benefits, documentation required, and the process applicable
to each of their situations.
•Determine needs and preferences for the move and replacement location for the owner
and occupants. Explain relocation benefits, the process involved with relocation and
documentation requirements.
•Offer advisory services regarding the move, explanations of relocation benefits and
procedures and other assistance as necessary.
•Prepare the required general information, eligibility and 90-day vacate notices for
client’s review and signature.
•Assist the displaced occupants to identify and document eligible reimbursable
relocation costs and confirm that the submitted costs are reasonable and necessary per
the regulations.
•Conduct research for comparable properties, inspect comparable properties and provide
referrals to available replacement properties, as requested.
•Prepare claims for relocation payment and make recommendations to the client
regarding the eligibility of relocation benefits requested by the displaced occupants.
•Throughout the project, address questions and concerns of the displaced occupants, and
advise the occupants of their rights and obligations in the relocation process.
•Throughout the project, review the project/relocation status and review any questions
and concerns.
•Document and close out file once all relocation benefits are issued.
This list of tasks is not all-inclusive. Our activities comply with Minnesota Statutes and the
Uniform Act regulations and include all steps required in the process together with additional steps
as may be helpful. All written and oral communication is documented in each file and a bi-weekly
status report is updated and presented to the client.
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Evergreen Land Services Company, Eagan, MN Page 7
Resumes
Matthew S. Storm, SR/WA. President, Evergreen Land Services Company. Matt has over 25
years’ experience in real estate and right of way acquisitions. Matt‘s background in commercial
property management, leasing and land sales dovetails into his current work of property and right
of way acquisitions. He is knowledgeable in both field title and courthouse title work.
Matt has experience in complex acquisitions, including large individual acquisitions for government
sites and numerous smaller acquisitions for road projects. Matt has managed numerous projects,
including Mn/DOT projects, that included both acquisition and relocation services.
Matt has attained the “SR/WA” professional designation from the International Right of Way
Association. He also served as President of the Minnesota Chapter of the International Right of Way
Association. He has been a presenter at Mn/DOT’s annual Right Of Way Professionals Conference.
Matt holds a Minnesota and North Dakota Real Estate Brokers license and has a Minnesota Notary
License.
Specialties/Expertise: Professional Associations:
- Project Management - SR/WA Designation from
- Title Work International Right of Way Assoc.
- Field Title - Past President of IRWA local Chapter 20
- Negotiations - Past IRWA Chapter 20 Professional Development Chair
- Document Preparation
Licenses:
- Real Estate Broker – MN
- Real Estate Broker - ND
- Minnesota Notary
Sampling of Project Experience
•Elm Creek Interceptor, Metropolitan Council
•Northern Lights Expansion, Northern Natural Gas
•Northwest Sewer, City of Inver Grove Heights
•CSAH 15 Road Project, Washington County
•Flagstaff Ave. Road Project, City of Farmington
•Lowry Avenue Road Project, Hennepin County
•Clear Lake Drive Road Project, Waseca County
•Highway 62 Crosstown, MN/DOT
•Highway 70, Pine County, MN/DOT
•Portland Avenue, City of Richfield
•City of Edina – 50th and France
•CapX 2020 Transmission line
•City of City of Brooklyn Center – Former Knox site acquisition
•Otter Tail County Road 9 & 38 Improvement Project
•Cottonwood County CSAH 7
•Xcel Energy Huntley-Wilmarth Transmission line
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Evergreen Land Services Company, Eagan, MN Page 8
Steven Carlson. Vice President, Evergreen Land Services Company. Steven (Steve) is the Relocation
Manager for Evergreen Land Services. He is the expert that handles all relocation projects, including
residential, commercial and industrial relocations. Steve works closely with the displacee and the client
to ensure that all paperwork is completed, that all regulations are followed, and the relocation is
successful.
Steve also has experience in direct acquisitions (negotiations). However, ELS maintains separation of
duties so that Steve does not negotiate and perform relocation work on the same parcel.
Steve has been a presenter numerous times at Mn/DOT’s annual Right of Way Professionals Conference
and is on the organizing/planning committee for the conference. Steve holds a Minnesota Real Estate
License as well as a Minnesota Notary License.
Specialties/Expertise: Professional Associations:
- Relocation Specialist - Economic Development Association
- Negotiations of Minnesota (EDAM)
- Document Preparation - Committee Member for Mn/Dot Annual
- Bachelor of Science, UWRF Right-of-Way conference
- “BUY THE FARM” procedures as needed with the CAPX2020 Project
Licenses:
- Real Estate Salesperson – MN
- Minnesota Notary
Sampling of Project Experience
•Great River Energy CAPX2020. Working on buying, selling and relocating “BUY THE FARM”
properties.
•CSAH 15 Road Project, Washington County
•Lowry Avenue Road Project, Hennepin County
•Robert Street Improvements, West St. Paul
•Highway 62 Crosstown, MN/DOT
•Richfield Parkway Connection 66th Street, Richfield
•Northwest Sewer Project, City of Inver Grove Heights
•Clear Lake Drive Road Project, Waseca County
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Evergreen Land Services Company, Eagan, MN Page 9
Stuart “Bud” Storm
Tel: (651) 882-0200
Cell: (612) 875-3461
Email: Stuarts@elsco.net
Bud has over 40 years experience in real estate and the right of way acquisition field. Over 20 of these
years Bud was with Northern States Power Company, now Xcel Energy, serving as Supervisor of Right of
Way Acquisition. He supervised 10 field agents and 3 permit agents.
He finished a year and one half project for enXco securing land leases for two 200 megawatt Wind Farm
projects in the Sioux Falls area of South Dakota. This required negotiating with over 200 property owners
which included a couple of corporations and attorneys. He also worked with enXco’s engineer to
determine locations and secure sites for required MET towers.
He also worked on two other Wind Farm projects for Nexus Solutions, one in the NE corner of Arkansas
in the Ozarks. This project was a 200 plus megawatt project involving over 100 land owners. The other
project was finishing up a project south of Wichita Falls Texas. This involved only 10 land owners but
covered over 15,000 acres.
Bud also worked on the CapX 2020 Brookings South Dakota to Hampton Minnesota.
He has been a presenter at numerous conferences and seminars including the International Right of Way
Association. He was chairman for the 1998 International Right of Way Educational Seminar held in
Minnesota. He holds a Minnesota Real Estate Brokers License and has a Minnesota Notary License.
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Evergreen Land Services Company, Eagan, MN Page 10
Patricia Nolan. Appraiser, Nolan Appraisals, LLC. Patricia has been in the appraisal field since 1986
and has been with Evergreen since 2006. Prior to joining our team, Patricia was an appraiser with
Appraisal Concepts Company for 20 years. Patricia has experience in right of way acquisition appraisals
for agricultural, residential and commercial properties including full before and after appraisals. She has
managed numerous highway acquisition, trail and utility projects. In addition, Patricia has appraised
land for various city expansion projects, Xcel substation sites, MnDOT projects and light rail. Patricia
also has review experience for acquisitions projects. Patricia also has knowledge and experience
appraising properties for mortgage purposes, estate planning, insurance purposes, divorce settlement,
etc.
Specialties/Expertise: Licenses:
Appraisals for - Minnesota Certified General Real Property Appraiser
Acquisition
Estate Planning
Mortgage Purposes
Divorce Settlement
Insurance Purposes
Education:
- All Real Estate Courses 101-108
- General Report Writing & Case Studies, Appraisal Institute
- General Appraisal & Sales Comparison Approach, Appraisal Institute
- Right of Way Professional Workshops (annually)
Sampling of Project Experience:
•Sibley County CR 160 Reconstruction Project
•Hennepin County 66th Street Reconstruction Project
•City of Edina Sewer Project
•SEH Intercity Nine Mile Creek Trail Project
•SRF West St. Paul Robert Street Reconstruction Project
•Ramsey County Maryland Avenue Reconstruction Project
•Anoka County CSAH 14 Reconstruction Project
•Anoka County Centerville Road Reconstruction Project
•Anoka County CSAH 57 Road Project
•MNDOT Central Corridor Light Rail
•Northern Lights Expansion, Northern Natural Gas
•City of St. Louis Park Highway 7/Louisiana Avenue Project
•Hennepin County CSAH 9 Reconstruction Project
•Nicollet County CSAH 5 Reconstruction Project
•City of Maplewood Highway 36/English Street Interchange
•MN Energy, Worthington area Market Study
•Xcel Energy
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Evergreen Land Services Company, Eagan, MN Page 11
References
Current Client Services:
Steele County:
CSAH 48 & 49
Contact: Paul Sponholz, Assistant County Engineer Telephone: 507-444-7672
•Purchase of a single family home.
•Relocation of single family home.
County of Sherburne:
County Roads 20 & 73
Contact: Scott Herider, Right of Way Agent Telephone: 763-765-3303
Contact: David Roedel, County Engineer
Appraisal and Acquisition
•68 parcel project
City of Red Wing:
Sturgeon Lake Road:
Contact: Jay Owens, City Engineer Telephone: 651-385-3625
•Appraisal and Acquisition
•5 parcel project
Belgrade Township:
Kerns Drive
Contact: Mary Milbrath, Supervisor Telephone: 507-779-1466
•Box Culvert Replacement
•Appraisal and Acquisition
•5 parcel Project
City of Virginia:
Public Safety Facility
Contact: John Sullivan, Community Development Planner
Telephone: 218-748-7500
•Acquisition and Relocation
•39 parcel Project
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Evergreen Land Services Company, Eagan, MN Page 12
References
Past Client Services
Hennepin County:
City of Richfield 66th Street Reconstruction
Contact: Eric Drager, P.E. Telephone: 612-348-4182
•19 Total Take Appraisals
•12 Single Family Relocations
Weber Parkway
Contact: Brian Gust Telephone: 612-596-0321
•70 MDA Valuation Reports
Osseo Road
Contact: Brian Gust
•22 Appraisal Reports
Sibley County:
County Road 160 Reconstruction
Contact: Tim Becker, Public Works Director Telephone: 507-237-4115
•Appraisals
•5 parcels of residential and agricultural land
Xcel Energy:
Various Powerline Projects
Contact: Chris Rogers, Senior Land Rights Agent Telephone: 612-330-6078
•Acquisition and Appraisals
Huntley to Wilmarth Transmission Line
•170 parcels of new acquisitions
Mn/Dot – District 2 - Duluth:
Trunk Highway 70
Contact: Roberta Dwyer, Administrator Telephone: 218-725-2781
•40 Parcels Field Title and Acquisition
Trunk Highway 23
Contact: Roberta Dwyer, Administrator Telephone: 218-725-2781
•50 Parcels Field Title and Acquisition
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Evergreen Land Services Company, Eagan, MN Page 13
*The appraisal will be in narrative “Appraisal Report” format (per USPAP) and conform to the yellow book
standard. This cost estimate does not include Eminent Domain support or testimony by the appraiser.
Please contact me at 651-882-0200 if you have any questions or concerns.
Sincerely,
Matthew Storm, SR/WA
President
Accepted by: Date:
City of Elk River New Bituminous Trail System
Number of
Parcels
Work Division or Task Or Specific
Parcel
Number of
Hours Per
Parcel
Hourly
Charge Total
Team Meeting One meeting N/A N/C N/C
MDA Valuations 10 $800.00 ea.$8,000.00
Project Management 10 2.0 $95.00 $ 1,900.00
Title Work 10 N/A $500.00
Each $5,000.00
Preparation of Parcel File, Offer Letter
and Easement Documents 10 1.0 $90.00 $ 900.00
Offers and Negotiations 10 25 $90.00 $22,500.00
Recording Documents 10 1.0 $90.00 $ 900.00
Expenses: Mileage, meals, etc.
$ 1,000.00
TOTAL
With MDA Valuations
Title Work if needed
$35,200.00
$40,200.00
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Evergreen Land Services Company, Eagan, MN Page 14
References
Complete Client List
MUNICIPALITIES
Austin Appleton Arden Hills Blaine
Brooklyn Center Brooklyn Park City of Brooklyn Center Columbia Heights
Coon Rapids Cottage Grove Crystal Duluth
Eagan Elk River Elko New Market Edina
Faribault Farmington Fridley Golden Valley
Hugo Inver Grove Heights Jordan Lexington
Lino Lakes Long Lake Mahtomedi Mankato
Maple Grove Maplewood Mendota Heights Minneapolis
Minnetonka Minnetrista Monticello Mound
Mounds View New Brighton New Hope Newport
Oak Grove Oakdale Otsego Plymouth
Prior Lake Ramsey Richfield Roseville
Rosemount Savage Shakopee Shoreview
Shorewood Sleepy Eye South St. Paul St. Anthony
St. Cloud St. Louis Park St. Paul St. Peter
Vadnais Heights Wadena West St. Paul Winona
Woodbury Worthington Fargo, ND Grand Forks, ND
COUNTIES & TOWNSHIPS
Anoka County Carver County Chisago County
Columbus Township Dakota County Hassen Township
Hennepin County Nicollet County Otter Tail County
Ramsey County Scott County St. Louis County
Sibley County Stearns County Steele County
Vermillion Township Washington County Waseca County
UTILITIES, PUBLIC ENTITIES, ENGINEERING PARTNERS, ETC.
Amoco Oil Company Blandin Paper Company Bolton & Menk
Canadian Pacific Railway Dakota County Electric Duluth ISD
Enbridge enXco Midwest Farmington ISD
Great River Energy Integrys Koch Industries
Lakehead Pipe Line Company Met Council Metro Transit Commission
Minnesota Pipeline Company Minnesota Power MN Dept. of Transportation
MN Energy Resources MN Parks & Trail Council New Prague ISD
Nexus Energy Solutions North Central Public Service Northern Minnesota Utilities
Northern Natural Gas NuStar Energy Prior Lake/Savage ISD
Prior Lk./Spring Lk.Watershed Qwest Ryan Companies
SEH Southern MN Municipal Power Washington County ISD
Sprint SRF City of Burnsville
TKDA Ultieg Union Carbide Corporation
US Army Corps of Engineers Valley Creek Watershed District Viking Pipeline Company
Western Gas Utilities, Inc Xcel Energy Widseth Smith Nolting
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Evergreen Land Services Company, Eagan, MN Page 15
Fees
2024 RATE SCHEDULE
Acquisition Services
Acquisition Manager $95.00 per hour
Acquisition Agent $90.00 per hour
Appraisal Services
Appraisal Manager $95.00 per hour
Appraiser $90.00 per hour
Appraisal Per Appraisal
Appraisals are usually charged on a per appraisal basis, but appraiser can also bill for
work on an hourly basis.
Relocation Services
Relocation Manager $95.00 per hour
Relocation Consultant $90.00 per hour
Title Services
Title Company or Law Firm $350.00 per parcel
Expenses
Vehicle mileage allowance (IRS Rate) $0.625 per mile/IRS Rate
Per Diem & Misc. Costs
Meals $41.00/day
Hotel Actual costs
Miscellaneous costs consist of such items as maps, copies of documents, expendable material,
recording fees, subcontractor or other costs required to complete projects.
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