HomeMy WebLinkAbout08/02/2005 Blue Sheet Thornydale Road Improvements Negotiation or Condemnation of Lands
TOWN COUNCIL
MEETING
INFORMATION
TOWN OF MARANA
MEETING DATE: August 2, 2005
AGENDA ITEM: J. 2
TO: MAYOR AND COUNCIL
FROM: Frank Cassidy, Town Attorney
SUBJECT: Resolution 2005-101: Relating to Real Estate; authorizing the
acquisition by negotiation or condemnation of lands and property
rights needed for project no. 2002-58, Thornydale Road
Improvements from Orange Grove Road to Canada del Oro
Wash.
DISCUSSION
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
Thornydale Road Improvements from Orange Grove Road to Canada del Oro Wash, Town of
Marana Project No. 2002-58.
The Town has retained Baker, Peterson, Baker & Associates, Inc. to appraise and staff shall
negotiate the purchase ofthe 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, but staff requests authority from the
Mayor and Council to file condemnation actions to acquire the needed lands and property rights
for Thornydale Road Improvements from Orange Grove Road to Cafiada del Oro Wash, if
necessary.
RECOMMENDA nON
Staff recommends adoption of Resolution No. 2005-101, authorizing acquisition by negotiation
or condemnation of lands and property rights needed for project no. 2002-58, Thomydale Road
Improvements from Orange Grove Road to Cafiada del Oro Wash.
SUGGESTED MOTION
I move to adopt Resolution No. 2005-101.
Page 1 of 1
MARANA RESOLUTION NO. 2005-101
RELATING TO REAL ESTATE; AUTHORIZING THE ACQUISITION BY NEGOTIATION
OR CONDEMNATION OF LANDS AND PROPERTY RIGHTS NEEDED FOR PROJECT
NO. 2002-58, THORNYDALE ROAD IMPROVEMENT, ORANGE GROVE ROAD TO
CANADA DEL ORO WASH.
WHEREAS, it is necessary for the Town of Marana to acquire right-of-way for the Thornydale
Road Improvement, Orange Grove Road to Canada del Oro Wash (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 Thornydale Road Improvement, Orange Grove Road to Canada del Oro Wash, Town of Marana
Project No. 2002-58; 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 Thornydale Road Improvement, Orange Grove Road to Canada del Oro Wash.
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.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 2nd day of August, 2005.
Mayor Ed Honea
APPROVED AS TO FORM:
ATTEST:
Frank Cassidy, Town Attorney
Jocelyn C. Bronson, Town Clerk
Marano Resolution No. 2005-101