HomeMy WebLinkAbout07/05/2006 Blue Sheet Project 2001-44 Condemnation of Lands
TOWN COUNCIL
MEETING
INFORMATION
TOWN OF MARANA
MEETING DATE: July 5, 2006
AGENDA ITEM: 1.4
TO: MAYOR AND COUNCIL
FROM: Frank Cassidy, Town Attorney
SUBJECT: Resolution No. 2006-97: Relating to Real Estate; authorizing the
acquisition by negotiation or condemnation of lands and property
rights needed for Project No. 2001-44, Interstate 10 Traffic
Interchange at Twin Peaks - Linda Vista
DISCUSSION
The Town must acquire additional rights-of-way, easements and other property rights as
delineated within the plans for the "State Highway 1-10 T.!. at Twin Peaks - Linda Vista, Town
of Marana Project No. 2001-44".
The Town and/or Arizona Department of Transportation (ADOT) will retain independent fee
appraisers to appraise the properties and staff or their consultants shall negotiate the purchase of
the needed lands and property rights.
If staff or consultants are unsuccessful in negotiating the purchase of the needed acquisitions, the
Town or ADOT 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 and
consultants 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 State Highway 1-10 T.!. at Twin Peaks - Linda Vista,
Town of Marana Project No. 2001-44.
RECOMMENDATION
Staff recommends Mayor and Council authorize acquisition by negotiation or condemnation of
lands and property rights needed for the State Highway 1-10 T.!. at Twin Peaks - Linda Vista,
Town of Marana Project No. 2001-44.
SUGGESTED MOTION
I move to adopt Resolution 2006-97.
/-10 TI. @ Twin Peaks / Linda Vista, Project 2001-44.
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6/20/06 PS
MARANA RESOLUTION NO. 2006-97
RELATING TO REAL EST ATE; AUTHORIZING THE ACQUISITION BY NEGOTIATION
OR CONDEMNATION OF LANDS AND PROPERTY RIGHTS NEEDED FOR PROJECT
NO. 2001-44, INTERSTATE 10 TRAFFIC INTERCHANGE AT TWIN PEAKS - LINDA
VISTA
WHEREAS, it is necessary for the Town of Marana to acquire right-of-way for the
Interstate 10 Traffic Interchange at Twin Peaks - Linda Vista (the "needed property"); and
WHEREAS, the needed property consists of rights-of-way, permanent easements,
temporary construction easements and other property rights as delineated within the plans
entitled "Interstate 10 Traffic Interchange at Twin Peaks - Linda Vista ", Town of Marana Project
No. 2001-44; 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 Interstate 10 Traffic Interchange at Twin Peaks - Linda Vista.
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 5th day of July, 2006.
Mayor ED HONEA
APPROVED AS TO FORM:
ATTEST:
Frank Cassidy, Town Attorney
Jocelyn C. Bronson, Town Clerk
Interstate IO Traffic Interchange @ Twin Peaks I Linda Vista, Project No. 2001-44
6/20/06 PS