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HomeMy WebLinkAboutResolution 2001-158 acquisition of private property for road improvements MARANA RESOLUTION NO. 2001-158 A RESOLLrrlON TO THE MAYOR AND TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA, FINDING THAT A PUBLIC NEED EXISTS FOR MAKING IMPROVEMENTS TO CORTARO ROAD, AND FINDING THAT PRIVATE PROPERTY MUST BE ACQUIRED FOR RIGHT-OF-WAY AND EASEMENTS, AND AUTHORIZING THE USE OF THE POWER OF EMINENT DOMAIN FOR THE ACQUISITION OF PRIVATE PROPERTY NECESSARY THEREFOR. WHEREAS, a need exists for improving Cortaro Road, within the Town' s corporate limits, to improve the flow of traffic for public travel; and WHEREAS, the Town must acquire private property for right-of-way, drainage easements, construction easements, and other public purposes related to the Cortaro Road improvement project; and WHEREAS, Town staff has negotiated to acquire the necessary private property for this improvement project, however, agreements have not been reached with all of the property owners; and WHEREAS, the Arizona State Legislature, in Arizona Revised Statutes Section 12-1 ~ 11, 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 need for improving Cortaro Road 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 of private property and to take all steps necessary and proper in support thereof on behalf of the Town. Page 1 of 2 Mararia, Arizona Resolution No. 99-09 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 18th day of December, 2001. ATTEST: ~paOVED AS TO FOPS: ~ ~S~_~tI,# ~ Dmel J. Hochuli As To~ A~omey ~d not personally Page 2 of 2 Marana, Arizona Resolution No. 99-09