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HomeMy WebLinkAboutResolution 2009-161 pima county land purchase for twin peaks interchangeMARANA RESOLUTION N0.2009-161 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AGREEMENTS TO PURCHASE LAND FROM PIMA COUNTY AND THE PIMA COUNTY FLOOD CONTROL DISTRICT FOR USE AS MITIGATION LANDS IN CONNECTION TO THE TWIN PEAKS INTERCHANGE PROJECT WHEREAS Marana Resolution No.2006-97 authorized the acquisition of lands necessary for the construction of the Twin Peaks interchange; and WHEREAS the Twin Peaks interchange project required an Army Corps of Engineers (ACOE) section 404 permit; and WHEREAS the ACOE section 404 permit number SPL-2007-260-KAT requires a mitigation area of a minimum of 25 acres of land with a restrictive covenant recorded against the property; and WHEREAS the Town of Marana has previously entered into a license agreement with Pima County and the Pima County Flood Control District to use an area of the Santa Cruz River adjacent to the Twin Peaks interchange; and WHEREAS the Pima County Flood Control District has expressed a preference that the area to be used as mitigation lands be under the ownership of the Town of Marana; and WHEREAS the Town of Marana believes it to be in its best interests to own the area of the mitigation lands required by the ACOE section 404 permit for the Twin Peaks Interchange project; and WHEREAS the Town of Marana and Pima County and Pima County Flood Control District have agreed previously on the value of land in the Santa Cruz River at the Twin Peaks project site. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. The acquisition agreements with Pima County and Pima County Flood Control District to acquire the mitigation area and access area depicted in Exhibit A for $7,000 per acre plus closing costs are hereby approved and the Mayor is hereby authorized to sign them on the Town's behalf. SECTION 2. Town staff is hereby authorized and directed to undertake all other actions necessary or prudent to carry out this resolution or to comply with ACOE section 404 permit number SPL-2007-260-KAT in connection with the acquisition, management, and operation of the lands acquired pursuant to this resolution, including without limitation to record a restrictive covenant. Marana Resolution 2009-161 - 1 - {00016337.DOC /} PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15th day of September, 2009. °~"~r6~i~~~° lyn ronson, Town Clerk APPROVED AS TO FORM: r ~~'.~-'" ;. ~, c.. ~- H_. Frank Cassidy, Town Atto c- ,.r ____---- Mayo d Honea Marana Resolution 2009-161 - 2 - {00016337.DOC /} i -~, ~: d~ i4 ~~ ~ ~ ~% 0 ~' ~ ~~~ia a ~ ~~ - =- - .~ ~_ ~ ,~ o ~, ~" ~ ~ fro - ~~ ~; EXHIBIT A TO RESOLUTION