HomeMy WebLinkAboutResolution 2002-128 use of eminent domain to acquire property for realignment of cortaro farms roadMARANA RESOLUTION NO. 2002-128
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA,
FINDiNG THAT A PUBLIC NEED EXISTS FOR MAKING IMPROVEMENTS TO AND A
REALIGNMENT OF CORTARO FARMS ROAD, AND FINDiNG THAT PRIVATE PROPERTY
MUST BE ACQUIRED FOR PUBLIC RIGHT-OF-WAY AND RELATED EASEMENTS, AND
AUTHORIZiNG THE USE OF THE POWER OF EMINENT DOMAIN FOR THE ACQUISITION
OF PROPERTY NECESSARY THEREFOR.
WHEREAS, a public need exists for impmving Cortaro Farms Road by undertaking a realignment
thereof, near the Interstate 10 interchange, within the Town's corporate lirdts, to improve the flow of traffic
for public travel; and
WHEREAS, the Town's development staff has prepared plans for the work known as the
"C ortaro Farm s Ro ad Realignment Paving Impmvement Project, Project Number 99-0076 (the"Proj ect");
and
WHEREAS, to begin the Project, the Town must acquire private property for easements for
roadway and temporary construction purposes; and
WHEREAS, Town staff has attempted to acquire the necessary private property for this
improvement project, however, agreements have not been reached with all o fthe property owners; and
WHEREAS, the Arizona State Legislature, in Arizona Revised Statutes section 12-1111, et seq.,
has authorized municipalities to acquire private property necessary for the benefit of the public through the
power of eminent domain.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana,
Arizona, that there is a public need for improving Cortaro Farms Road pursuant to the Project plans, and
that doing so will benefit the public, and that the use of the power of eminent domain for the acquisition of
private property necessary for the improvement project is hereby approved.
BE IT FURTHER RESOLVED that the Town Attorney is authorized to file and prosecute all
necessary complaints for condemnation o fprivate property and to take all steps necessary and proper in
support thereof on behalf of the Town.
BE IT FURTHER RESOLVED that any complaints filed by the Town Attorney pursuant to
Resolution number 2002-93 are hereby ratified and approved pursuant to this Resolution and are
specifically authorized in conjunction with the Project approved hereby.
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PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 5th
day of November, 2002.
ATTEST:
APPROVED AS TO FORM:
~Hochuli as
Town Attorney and not personally
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