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HomeMy WebLinkAboutResolution 2008-101 acquisition of land for honea heights pavement preservation projectMARANA RESOLUTION N0.2008-101 RELATING TO REAL ESTATE; AUTHORIZING THE ACQUISITION BY NEGOTIATION OR CONDEMNATION OF LANDS AND PROPERTY RIGHTS NEEDED FOR THE HONEA HEIGHTS PAVEMENT REHABILTI'ATION, TOWN OF MARANA PROJECT N0.2003-14. WHEREAS, the Town of Marana needs to acquire certain rights-of--way, easements and other property rights to construct the improvements required for Honea Heights Pavement Rehabilitation, Town of Marana Project No. 2003-14 (all of which interests in real estate are collectively referred to as the "Needed Property"); and WHEREAS, the Mayor and. Council of the Town of Marana find that the acquisition of the Needed Property is necessary for the public health, safety and welfare of the citizens of Marana. NOW,. THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. Town staff is hereby authorized and directed to negotiate the Town's acquisition of the Needed Property for its fair market value as determined based on an independent fee appraisal. Section 2. Town staff is hereby authorized to execute on the Town's behalf any and all documents necessary to acquire the Needed Property for its fair market value as determined based on an independent fee appraisal. Section 3. If Town staff is unable to acquire the Needed Property by negotiation, the Town Attorney is hereby authorized and directed to bring an action under the power of eminent domain to acquire the Needed Property for just compensation as determined by the court or jury. TT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the Honea Heights Pavement Rehabilitation Project. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this Sth day of August, 2008. Mayor Ed Honea ATTEST: elyn C. onson, Town Clerk APPROVED AS TO FORM: ~~ ank Cassidy, Town Attorney