HomeMy WebLinkAbout06/06/2006 Blue Sheet Camino De Oeste to Thornydale Road
TOWN COUNCIL
MEETING
INFORMATION
TOWN OF MARANA
MEETING DATE: June 6, 2006
AGENDA ITEM:
1.4
TO: MAYOR AND COUNCIL
FROM: Frank Cassidy, Town Attorney
SUBJECT: Resolution No. 2006-71: Relating to Real Estate; authorizing the
acquisition by negotiation or condemnation of lands and property
rights needed for the Moore Road Improvements, Camino de
Oeste to Thornydale Road, Town of Marana Project No. 2002-18.
DISCUSSION
The Town must acquire additional rights-of-way, slope easements, drainage easements,
maintenance easements, temporary construction easements and other property rights as
delineated within the plans entitled "Road Improvement Plans for Moore Road from Camino de
Oeste to Thornydale Road", Town of Marana Project No. 2002-18.
The Town will retain an independent fee appraiser to appraise the properties and staff shall
negotiate the purchase of the needed lands and property rights.
If staff is unsuccessful in negotiating the purchase of the needed acquisitions, the Town may
need to file condemnation action and obtain immediate possession of the needed lands and
property rights in order to adhere to the project construction schedule. Staff will make every
reasonable effort to avoid referrals for condemnation action. If necessary, staff requests
authority from Mayor and Council to file condemnation actions to acquire lands and property
rights for the Moore Road Improvements from Camino de Oeste to Thornydale, Project No.
2002-18.
RECOMMENDATION
Staff recommends Mayor and Council authorize acquisition by negotiation or condemnation of
lands and property rights needed for the Moore Road Improvements from Camino de Oeste to
Thornydale Road, Town of Marana Project No. 2002-18.
SUGGESTED MOTION
I move to approve Resolution 2006-71.
5/12/06 PS
Page 1 of 1
MARANA RESOLUTION NO. 2006-71
RELATING TO REAL ESTATE; AUTHORIZING THE ACQUISITION BY NEGOTIATION
OR CONDEMNATION OF LANDS AND PROPERTY RIGHTS NEEDED FOR THE MOORE
ROAD IMPROVEMENTS, CAMINO DE OESTE TO THORNYDALE ROAD, TOWN OF
MARANA PROJECT NO. 2002-18
WHEREAS, it is necessary for the Town of Marana to acquire right-of-way for the Moore
Road Improvements, Camino de Oeste to Thornydale Road (the "Needed Property"); and
WHEREAS, the Needed Property consists of rights-of-way, drainage easements, slope
easements, maintenance easements, temporary construction easements and other property rights
as delineated within the plans entitled "Road Improvement Plans for Moore Road from Camino
de Oeste to Thornydale Road", Town of Marana Project No. 2002-18; and
WHEREAS, the Mayor and Council of the Town of Marana find that the public health,
safety and welfare necessitate the acquisition of the lands and property rights associated with the
construction of Moore Road Improvements, Camino de Oeste to Thornydale Road.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana, Arizona, authorizing and directing Town staff and attorney to enter into negotiations and
if such negotiations fail, to bring an action under the power of eminent domain to acquire the
Needed Property for its fair market value as determined based on an independent fee appraisal or
based on a determination of just compensation by the Court or jury.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 6th day of June, 2006.
Mayor Ed Honea
APPROVED AS TO FORM:
ATTEST:
Frank Cassidy, Town Attorney
Jocelyn C. Bronson, Town Clerk
Resolution No. 2006-71
5/11/06 PS