HomeMy WebLinkAbout12/06/2005 Blue Sheet Silverbell Road Condemnation
TOWN COUNCIL
MEETING
INFORMATION
TOWN OF MARANA
MEETING DATE: December 6, 2005
AGENDA ITEM: I. 3
TO: MAYOR AND COUNCIL
FROM: Frank Cassidy, Town Attorney
SUBJECT: Resolution No. 2005-148: Relating to Real Estate; approving and
authorizing the acquisition by negotiation or condemnation of
lands and property rights needed for Project No. 99-050, Silverbell
Road, Cortaro Road to Ina Road; and declaring an emergency.
DISCUSSION
That portion of Silverbell Road between Cortaro Road to Ina Road will be improved with the
proposed construction schedule to begin in the first quarter of 2006. As a part of this effort, the
Town must acquire additional rights-of-way, slope easements, drainage easements, temporary
construction easements and other property rights as delineated within the plans titled Silverbell
Road, Cortaro Road to Ina Road Town of Marana Project No. 99-050 Roadway Reconstruction
and Drainage Improvements.
The Town has retained Baker, Peterson, Baker & Associates, Inc. to appraise, and staff is
negotiating the purchase of the needed lands and property rights.
If the offers to purchase are not accepted and further negotiations are not completed by
December 15, 2005, the Town will likely need to file condemnation cases to obtain possession of
the properties to allow Silverbell Road to be constructed within the proposed schedule. Staff and
all consultants will do their best to acquire or at least obtain right of entry for the property rights
needed. However, it is in the Town's best interest to obtain authority from Mayor and Council to
file condemnation cases to acquire the lands and property rights needed for the Silverbell Road
project if agreements cannot be reached.
RECOMMENDATION
Staff recommends authorizing the acquisition by negotiation or condemnation of lands and
property rights needed for Project No. 99-050, Silverbell Road, Cortaro Road to Ina Road; and
declaring an emergency.
SUGGESTED MOTION
I move to adopt Resolution No. 2005-148.
Resolution 2005-148 (Silverbell Road)
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MARANA RESOLUTION NO. 2005-148
RELATING TO REAL ESTATE; AUTHORIZING THE ACQUISITION OF LANDS AND
PROPERTY RIGHTS NEEDED FOR PROJECT NO. 99-050, SILVERBELL ROAD,
CORTARO ROAD TO INA ROAD BY NEGOTIATION OR CONDEMNATION; AND
DECLARING AN EMERGENCY.
WHEREAS, it is necessary for the Town of Marana to acquire right-of-way for Silverbell Road,
Cortaro Road to Ina Road (the "Needed Property"); and
WHEREAS, the Needed Property consists of rights-of-way, drainage easements, slope
easements, temporary construction easements and other property rights as delineated within the plans
titled Silverbell Road, Cortaro Road to Ina Road Town of Marana Project No. 99-050 Roadway
Reconstruction and Drainage Improvements; and
WHEREAS, the Mayor and Council of the Town of Marana find that the public health, safety
and welfare require the acquisition of the lands and property rights associated with the construction of
Silverbell Road between Cortaro Road and Ina Road.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana,
Arizona, authorizing and directing the Town's 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.
IT IS FUTHER RESOLVED that it is necessary for the preservation of the peace, health, and
safety of the Town of Marana that this resolution become immediately effective; therefore, an emergency
is hereby declared to exist and this resolution shall be effective immediately upon its passage and
adoption.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 6h day of December, 2005.
Mayor Ed Honea
APPROVED AS TO FORM:
ATTEST:
Frank Cassidy, Town Attorney
Jocelyn C. Bronson, Town Clerk
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11/30/2005 11 :33 AM PM MF:HTG FJC